CODING: Words stricken are deletions; words underlined are additions.House Bill 0393e1
CS/HB 393, First Engrossed
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. 415.5018, F.S.;
6 providing for the sharing of certain criminal
7 history information; amending s. 415.51, F.S.;
8 providing for the release of certain
9 confidential reports to a law enforcement
10 agency; amending s. 775.13, F.S.; revising
11 registration requirements for convicted felons;
12 amending s. 775.21, F.S.; revising requirements
13 for public notification of the presence of a
14 sexual predator; revising registration
15 requirements for sexual predators; requiring a
16 sexual predator to register at a driver's
17 license office of the Department of Highway
18 Safety and Motor Vehicles following a change in
19 permanent or temporary residence and obtain a
20 driver's license or identification card;
21 requiring that a sexual predator renew such
22 license or identification card; providing a
23 penalty; creating s. 943.046, F.S.; authorizing
24 a state or local law enforcement agency to
25 release to the public criminal offender
26 information that is not exempt from public
27 disclosure under the public records law;
28 providing immunity from civil liability for a
29 law enforcement agency and its personnel in
30 releasing such information; creating s.
31 943.043, F.S.; requiring the Department of Law
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CS/HB 393, First Engrossed
1 Enforcement to provide a toll-free telephone
2 number for public access to information
3 regarding sex offenders; requiring that the
4 department provide to the public upon request a
5 copy of the photograph of a sex offender or
6 sexual predator and a summary of information
7 that is publicly available; providing immunity
8 from civil liability for the department and its
9 personnel in reporting information; providing
10 that the department and its personnel are
11 presumed to have acted in good faith; creating
12 s. 943.0435, F.S.; providing definitions;
13 requiring sex offenders to report their current
14 place of permanent or temporary residence to
15 the Department of Law Enforcement and the
16 Department of Highway Safety and Motor Vehicles
17 within a specified time and upon moving to a
18 new place of residence; providing procedures
19 for reporting; providing a penalty for failing
20 to report as required; providing immunity from
21 civil liability for the Department of Law
22 Enforcement, the Department of Highway Safety
23 and Motor Vehicles, the Department of
24 Corrections, and the personnel of those
25 departments in compiling, recording, and
26 reporting information regarding sex offenders;
27 providing that those departments and the
28 personnel of those departments are presumed to
29 have acted in good faith; creating s. 944.607,
30 F.S.; requiring that the Department of
31 Corrections provide information to the
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CS/HB 393, First Engrossed
1 Department of Law Enforcement on sex offenders
2 who are in the custody or control of, or under
3 the supervision of, the Department of
4 Corrections or the custody of a private
5 correctional facility on or after a specified
6 date; providing immunity from civil liability
7 for the Department of Corrections and its
8 personnel in compiling, recording, and
9 reporting information regarding sex offenders;
10 providing that the department and its personnel
11 are presumed to have acted in good faith;
12 amending ss. 944.605, 947.177, F.S.; revising
13 requirements for the Department of Corrections,
14 the Control Release Authority, and the Parole
15 Commission with respect to notifying judges and
16 law enforcement agencies of the anticipated
17 release of an inmate; requiring that a
18 digitized photograph be made of the inmate;
19 requiring that this information be provided to
20 the Department of Law Enforcement; amending s.
21 944.606, F.S., relating to the release of
22 information regarding certain sex offenders by
23 the Department of Corrections; requiring that
24 this information be provided to the Department
25 of Law Enforcement; providing that the release
26 of such information does not constitute
27 unauthorized public disclosure under the
28 Florida Sexual Predators Act; amending s.
29 948.06, F.S.; requiring state and local law
30 enforcement agencies to verify if a person
31 under investigation or under arrest for certain
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CS/HB 393, First Engrossed
1 sexual offenses is on probation, community
2 control, parole, conditional release, or
3 control release; requiring the law enforcement
4 agency to notify the person's probation officer
5 or release supervisor of the investigation or
6 the arrest; amending s. 921.0012, F.S.; ranking
7 under the sentencing guidelines the offenses of
8 failure to register, including failure to renew
9 a driver's license or identification card, and
10 failure of sex offenders to comply with
11 reporting requirements; amending s. 921.0017,
12 F.S., relating to credit upon recommitment of
13 an offender serving a split sentence;
14 conforming a cross-reference to changes made by
15 the act; requiring the court, at the time of
16 sentencing, to note on the judgment if the
17 victim is a minor and provide such information
18 to the Department of Law Enforcement; providing
19 appropriations; providing for uses of certain
20 appropriations; providing an effective date.
21
22 WHEREAS, the Legislature and law enforcement agencies
23 recognize that the release of criminal history information or
24 other information regarding criminal offenders is essential to
25 the public's safety and welfare, and
26 WHEREAS, the Legislature intends to provide specific
27 statutory direction whereby a law enforcement agency, of its
28 own volition or in response to a request for a public record,
29 may release to the public criminal history information and
30 other information regarding criminal offenders, including
31 public notification of this information, and
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CS/HB 393, First Engrossed
1 WHEREAS, the Legislature intends that criminal history
2 information and other information regarding criminal offenders
3 which is subject to release to the public shall consist only
4 of information that is subject to public disclosure under
5 section 119.07(1), Florida Statutes, the state public records
6 law, and under Section 24(a), Article I of the State
7 Constitution, and
8 WHEREAS, the Legislature intends that the order of
9 priority, the methods of dissemination of criminal history
10 information compiled from intrastate sources by the Department
11 of Law Enforcement, and the assessment of costs for the
12 production of this information, as provided in section
13 943.053, Florida Statutes, shall be maintained, and
14 WHEREAS, the Legislature finds that the public is
15 especially concerned about certain sex offenders, and
16 WHEREAS, the Legislature intends to enhance public
17 access to information regarding certain sex offenders by
18 creating a public-access telephone number for releasing this
19 information, and
20 WHEREAS, the Legislature intends that information
21 released through the public-access telephone number shall
22 consist only of information that is subject to public
23 disclosure under section 119.07(1), Florida Statutes, the
24 state public records law, and under Section 24(a), Article I
25 of the State Constitution, and
26 WHEREAS, the Legislature finds that current law
27 authorizes law enforcement agencies to release to the public
28 criminal information on certain sex offenders which is
29 provided to these agencies by the Department of Corrections,
30 but prohibits these agencies from providing public or
31 community notification of this information, and
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CS/HB 393, First Engrossed
1 WHEREAS, the Legislature further finds that this
2 information is subject to public disclosure under section
3 119.07(1), Florida Statutes, the state public records law, and
4 under Section 24(a), Article I of the State Constitution, and
5 WHEREAS, the Legislature intends to authorize public or
6 community notification of this information, and
7 WHEREAS, the Legislature intends that a state or local
8 law enforcement agency that investigates or arrests a person
9 for certain sexual offenses shall verify whether the person is
10 on probation or some form of release supervision, and, if so
11 verified, shall inform the person's probation officer that the
12 person is under investigation or arrest for a sexual offense,
13 NOW, THEREFORE,
14
15 Be It Enacted by the Legislature of the State of Florida:
16
17 Section 1. This act may be cited as the "Public Safety
18 Information Act."
19 Section 2. Subsection (3) of section 415.5018, Florida
20 Statutes, 1996 Supplement, is amended to read:
21 415.5018 District authority and responsibilities.--
22 (3) CHILD PROTECTIVE INVESTIGATION; COUNTY SHERIFF'S
23 OFFICE OR LOCAL POLICE DEPARTMENT OPTION.--Within existing
24 resources, a district, with the approval of the district
25 health and human services board, and the secretary of the
26 department shall enter into an agreement with a county
27 sheriff's office or local police department that is
28 jurisdictionally responsible to allow such law enforcement
29 entity to assume a lead in conducting any potential criminal
30 investigations as well as partial or full responsibility for
31 conducting certain components of protective investigations
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1 under ss. 415.502-415.514 that are related to cases involving
2 a criminal investigation. The written agreement must specify
3 how the requirements of ss. 415.502-415.514 will be met. For
4 the purposes of such agreement, the jurisdictionally
5 responsible law enforcement entity is authorized to share
6 Florida criminal history information that is not otherwise
7 exempt from s. 119.07(1) with the district personnel directly
8 responsible for child protective investigation and emergency
9 child placement. The agencies entering into such agreement
10 must comply with s. 943.0525 to the extent applicable.
11 Criminal justice information provided by such law enforcement
12 entity shall be used only for the purposes specified in the
13 agreement and shall be provided at no charge.
14 (a) The agreement between the district and the county
15 sheriff's office or local police department must include the
16 following assurances and information:
17 1. Assurance that the county sheriff's office or local
18 police department will be in compliance with the procedural
19 requirements of ss. 415.502-415.514.
20 2. Description of a protocol between the district and
21 the county sheriff's office or local police department that at
22 a minimum addresses the following:
23 a. Response to reports of abuse and neglect.
24 b. Investigations.
25 c. Assessment of risk.
26 d. Evidence gathering.
27 e. Classification of reports.
28 f. Appeals of classifications.
29 g. Communication and involvement with the state
30 attorney.
31
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CS/HB 393, First Engrossed
1 h. Confidentiality of reports and access to
2 information.
3 i. Utilization of the child protection team.
4 j. Storage and maintenance of records and other
5 information.
6 3. Description of the transition of responsibility
7 that assures the integrity and continuity of protective
8 investigations.
9 4. Description of any necessary changes to department
10 rules.
11 (b) County sheriff's office or local police department
12 personnel assuming responsibility for conducting certain
13 components of protective investigations shall receive training
14 from the department relevant to child protective
15 investigations and services.
16 (c) The secretary of the department shall dispose of a
17 proposed agreement by approving or disapproving the agreement
18 between a district and the county sheriff's office or local
19 police department within 60 days after receipt. The secretary
20 may negotiate modifications within this 60-day period.
21 Section 3. Subsection (4) of section 415.51, Florida
22 Statutes, 1996 Supplement, is amended to read:
23 415.51 Confidentiality of reports and records in cases
24 of child abuse or neglect.--
25 (4) The name of any person reporting child abuse,
26 abandonment, or neglect may not be released to any person
27 other than employees of the department responsible for child
28 protective services or, the central abuse hotline, or the
29 appropriate state attorney or law enforcement agency, without
30 the written consent of the person reporting. This does not
31 prohibit the subpoenaing of a person reporting child abuse,
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1 abandonment, or neglect when deemed necessary by the court,
2 the state attorney, or the department, provided the fact that
3 such person made the report is not disclosed. Any person who
4 reports a case of child abuse or neglect may, at the time he
5 makes the report, request that the department notify him that
6 a child protective investigation occurred as a result of the
7 report. The department shall mail such a notice to the
8 reporter within 10 days after completing the child protective
9 investigation.
10 Section 4. Section 775.13, Florida Statutes, 1996
11 Supplement, is amended to read:
12 775.13 Registration of convicted felons, exemptions;
13 penalties.--
14 (1) Any person who has been convicted of a felony in
15 any court of this state shall, within 48 hours after entering
16 any county in this state, register with the sheriff of said
17 county, be fingerprinted and photographed, and list the crime
18 for which convicted, place of conviction, sentence imposed, if
19 any, name, aliases, if any, address, and occupation.
20 (2) Any person who has been convicted of a crime in
21 any federal court or in any court of a state other than
22 Florida, or of any foreign state or country, which crime if
23 committed in Florida would be a felony, shall forthwith within
24 48 hours after entering any county in this state register with
25 the sheriff of said county in the same manner as provided for
26 in subsection (1).
27 (3) Any person who is presently within any county of
28 the state as of October 1, 1997, the effective date of this
29 section shall likewise be required to register with the
30 sheriff of such county by December 1, 1997 within 30 days
31 after the effective date of this section, if such person would
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CS/HB 393, First Engrossed
1 be required to register under the terms of subsection (1) or
2 subsection (2), if he or she were entering such county.
3 (4) In lieu of registering with the sheriff sheriffs
4 of the several counties of the state as required by this
5 section, such registration may be made with the Department of
6 Law Enforcement, and is shall be subject to the same terms and
7 conditions as required for registration with the sheriff
8 several sheriffs of the state. Any person so registering with
9 the Department of Law Enforcement shall not be required to
10 make further registration in any county in the state.
11 (5) The provisions of This section does law do not
12 apply to an offender:
13 (a) Who has had his or her civil rights restored;
14 (b) Who has received a full pardon for the offense for
15 which convicted;
16 (c) Whose conviction of a felony was more than 10
17 years prior to the time provided for registration under the
18 provisions of this law and Who has been lawfully released from
19 incarceration or other sentence or supervision for under a
20 felony conviction and sentence for more than 5 years prior to
21 such time for registration, unless the offender is a fugitive
22 from justice on a felony charge or has been convicted of any
23 offense since release from such incarceration or other
24 sentence or supervision;
25 (d) Who is a parolee or probationer under the
26 supervision of the Department of Corrections or is a
27 probationer under the supervision of any county probation
28 officer of the state or who has been lawfully discharged from
29 such parole or probation;
30 (d)(e) Who is a parolee or probationer under the
31 supervision of the United States Parole Commission if the
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CS/HB 393, First Engrossed
1 commission knows of and consents to the presence of the
2 offender in Florida or is a probationer under the supervision
3 of any federal probation officer in the state or who has been
4 lawfully discharged from such parole or probation; or
5 (e)(f) Who is a sexual predator and has registered as
6 required under s. 775.21.
7 (6) Failure of any such convicted felon to comply with
8 this section constitutes shall constitute a misdemeanor of the
9 second degree, punishable as provided in s. 775.082 or s.
10 775.083.
11 (7) All laws and parts of laws in conflict herewith
12 are hereby repealed, provided that nothing in this section
13 shall be construed to affect any law of this state relating to
14 registration of criminals where the penalties are in excess of
15 those imposed by this section.
16 Section 5. Subsections (4), (6), and (7) and paragraph
17 (a) of subsection (9) of section 775.21, Florida Statutes,
18 1996 Supplement, are amended to read:
19 775.21 The Florida Sexual Predators Act; definitions;
20 legislative findings, purpose, and intent; criteria;
21 designation; registration; community and public notification;
22 immunity; penalties.--
23 (4) SEXUAL PREDATOR CRITERIA.--
24 (a) For a current offense committed on or after
25 October 1, 1993, and before October 1, 1995:
26 1. An offender who was found by the court under former
27 s. 775.22 or former s. 775.23 to be a sexual predator is a
28 "sexual predator" if the court made a written finding that the
29 offender was a sexual predator at the time of sentencing, as
30 required by former s. 775.23. Such sexual predator must
31 register or be registered as a sexual predator with the
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1 department, and but is not subject to community and public
2 notification. Upon notification of the presence of a sexual
3 predator, the sheriff of the county or the chief of police of
4 the municipality where the sexual predator temporarily or
5 permanently resides shall notify the community and the public
6 of the presence of the sexual predator in a manner deemed
7 appropriate by the sheriff or the chief of police.
8 2. If an offender has been registered as a sexual
9 predator by the Department of Corrections, the department, or
10 any other law enforcement agency and:
11 a. The court did not, for whatever reason, make a
12 written finding at the time of sentencing that the offender
13 was a sexual predator, or
14 b. The offender was administratively registered as a
15 sexual predator because the Department of Corrections, the
16 department, or any other law enforcement agency obtained
17 information which indicated that the offender met the sexual
18 predator criteria based on a violation of a similar law in
19 another jurisdiction,
20
21 the department shall remove that offender from the
22 department's sexual predator list, and shall notify the state
23 attorney who prosecuted the offense that triggered the
24 administrative sexual predator designation for offenders
25 described in sub-subparagraph a., or the state attorney of the
26 county where the offender permanently or temporarily resides
27 on October 1, 1996, for offenders described in
28 sub-subparagraph b. The state attorney may bring the matter to
29 the court's attention in order to establish that the offender
30 meets the sexual predator criteria. If the court then makes a
31 written finding that the offender is a sexual predator, the
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1 offender is designated as a sexual predator and must register
2 or be registered as a sexual predator with the department, but
3 is not subject to community and public notification. If the
4 court does not make a written finding that the offender is a
5 sexual predator, the offender is not designated as a sexual
6 predator with respect to that offense, is not required to
7 register or be registered as a sexual predator with the
8 department, and is not subject to community and public
9 notification.
10 (b) For a current offense committed on or after
11 October 1, 1995, and before October 1, 1996:
12 1. An offender who was found by the court under former
13 s. 775.22 or former s. 775.23 to be a sexual predator is a
14 "sexual predator" if the court made a written finding that the
15 offender was a sexual predator at the time of sentencing, as
16 required by former s. 775.23. Such sexual predator must
17 register or be registered with the department, and is subject
18 to the community and public notification provisions of former
19 s. 775.225. Upon notification of the presence of a sexual
20 predator, the sheriff of the county or the chief of police of
21 the municipality where the sexual predator temporarily or
22 permanently resides shall notify the community and the public
23 of the presence of the sexual predator in a manner deemed
24 appropriate by the sheriff or the chief of police.
25 2. If an offender has been registered as a sexual
26 predator by the Department of Corrections, the department, or
27 any other law enforcement agency and:
28 a. The court did not, for whatever reason, make a
29 written finding at the time of sentencing that the offender
30 was a sexual predator, or
31
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CS/HB 393, First Engrossed
1 b. The offender was administratively registered as a
2 sexual predator because the Department of Corrections, the
3 department, or any other law enforcement agency obtained
4 information which indicated that the offender met the sexual
5 predator criteria based on a violation of a similar law in
6 another jurisdiction,
7
8 the department shall remove that offender from the
9 department's sexual predator list, and shall notify the state
10 attorney who prosecuted the offense that triggered the
11 administrative sexual predator designation for offenders
12 described in sub-subparagraph a., or the state attorney of the
13 county where the offender permanently or temporarily resides
14 on October 1, 1996, for offenders described in
15 sub-subparagraph b. The state attorney may bring the matter to
16 the court's attention in order to establish that the offender
17 meets the sexual predator criteria. If the court makes a
18 written finding that the offender is a sexual predator, the
19 offender is designated as a sexual predator, must register or
20 be registered as a sexual predator with the department, and is
21 subject to the community and public notification provisions
22 under former s. 775.225. If the court does not make a written
23 finding that the offender is a sexual predator, the offender
24 is not designated as a sexual predator with respect to that
25 offense and, is not required to register or be registered as a
26 sexual predator with the department, and is not subject to the
27 community and public notification provisions under former s.
28 775.225.
29 (c) For a current offense committed on or after
30 October 1, 1996, upon conviction, an offender shall be
31 designated as a "sexual predator" under subsection (5), and
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1 subject to registration under subsection (6) and community and
2 public notification under subsection (7) if:
3 1. The felony meets the criteria of former ss.
4 775.22(2) and 775.23(2), specifically, the felony is:
5 a. A capital, life, or first degree felony violation
6 of chapter 794 or s. 847.0145, or of a similar law of another
7 jurisdiction; or
8 b. Any second degree or greater felony violation of
9 chapter 794, s. 800.04, s. 827.071, or s. 847.0145, or of a
10 similar law of another jurisdiction, and the offender has
11 previously been convicted of or found to have committed, or
12 has pled nolo contendere or guilty to, regardless of
13 adjudication, any violation of s. 794.011(2), (3), (4), (5),
14 or (8), s. 794.023, s. 800.04, s. 827.071, s. 847.0133, or s.
15 847.0145, or of a similar law of another jurisdiction;
16 2. The offender has not received a pardon for any
17 felony or similar law of another jurisdiction that is
18 necessary for the operation of this paragraph; and
19 3. A conviction of a felony or similar law of another
20 jurisdiction necessary to the operation of this paragraph has
21 not been set aside in any postconviction proceeding.
22 (d) In order to be counted as a prior felony for
23 purposes of this subsection, the felony must have resulted in
24 a conviction sentenced separately, or an adjudication of
25 delinquency entered separately, prior to the current offense
26 and sentenced or adjudicated separately from any other felony
27 conviction that is to be counted as a prior felony. If the
28 offender's prior enumerated felony was committed more than 10
29 years before the primary offense, it shall not be considered a
30 prior felony under this subsection if the offender has not
31 been convicted of any other crime for a period of 10
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1 consecutive years from the most recent date of release from
2 confinement, supervision, or sanction, whichever is later.
3 (e) "Conviction" means a determination of guilt that
4 is the result of a plea or a trial, regardless of whether
5 adjudication is withheld.
6 (6) REGISTRATION.--
7 (a) A sexual predator must register with the
8 department by providing the following information to the
9 department:
10 1. Name, social security number, age, race, sex, date
11 of birth, height, weight, hair and eye color, photograph,
12 address of legal residence, address of any current temporary
13 residence, date and place of any employment, date and place of
14 each conviction, fingerprints, and a brief description of the
15 crime or crimes committed by the offender.
16 2. Any other information determined necessary by the
17 department, including criminal and corrections records,
18 nonprivileged personnel, treatment, and abuse registry
19 records, and evidentiary genetic markers when available.
20
21 If the sexual predator is in the custody or control of, or
22 under the supervision of, the Department of Corrections, or is
23 in the custody of a private correctional facility, the sexual
24 predator must may register directly with the department, or
25 the Department of Corrections or any law enforcement agency
26 may register the sexual predator with the department. The
27 sexual predator is not required to make any further
28 registration as a convicted felony offender in any county.
29 (b) If the Each sexual predator is not in the custody
30 or control of, or under the supervision of, the Department of
31 Corrections, or is not in the custody of a private
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1 correctional facility, and who is residing permanently or
2 temporarily resides in the state, the sexual predator shall
3 initially register in person at an office of the department,
4 or at the sheriff's office in the county in which the predator
5 permanently or temporarily resides, within 48 hours after
6 establishing permanent or temporary residence in this state.
7 If a sexual predator registers with the sheriff's office, the
8 sheriff shall take a photograph and a set of fingerprints of
9 the predator and forward the photographs and fingerprints to
10 the department, along with the information that the predator
11 is required to provide pursuant to this section. outside of a
12 correctional facility, jail, or secure treatment facility must
13 register or be registered with the department within 48 hours
14 after entering the county of permanent or temporary residence.
15 A sexual predator who is registered with the department must
16 provide written notification to the department of any change
17 in permanent or temporary residence within 48 hours after
18 arrival at the new place of permanent or temporary residence.
19 (c) Subsequent to the initial registration required
20 under paragraph (b), a sexual predator shall register in
21 person at a driver's license office of the Department of
22 Highway Safety and Motor Vehicles within 48 hours after any
23 change in the predator's permanent or temporary residence. At
24 the driver's license office the sexual predator shall:
25 1. If otherwise qualified, secure a Florida driver's
26 license, renew a Florida driver's license, or secure an
27 identification card. The sexual predator shall identify
28 himself or herself as a sexual predator who is required to
29 comply with this section, provide his or her place of
30 permanent or temporary residence, and submit to the taking of
31 a photograph for use in issuing a driver's license, renewed
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1 license, or identification card, and for use by the department
2 in maintaining current records of sexual predators.
3 2. Pay the costs assessed by the Department of Highway
4 Safety and Motor Vehicles for issuing or renewing a driver's
5 license or identification card as required by this section.
6 3. Provide, upon request, any additional information
7 necessary to confirm the identity of the sexual predator,
8 including a set of fingerprints.
9 (d) Each time a sexual predator's driver's license or
10 identification card is subject to renewal, the predator shall
11 report in person to a driver's license office, regardless of
12 whether the predator's residence has changed, and shall be
13 subject to the requirements specified in paragraph (c). The
14 Department of Highway Safety and Motor Vehicles shall forward
15 to the department and to the Department of Corrections all
16 photographs and information provided by sexual predators.
17 Notwithstanding the restrictions set forth in s. 322.142, the
18 Department of Highway Safety and Motor Vehicles is authorized
19 to release a reproduction of a color-photograph or
20 digital-image license to the Department of Law Enforcement for
21 purposes of public notification of sexual predators as
22 provided in this section.
23 (e)(c) If the sexual predator initially registers at
24 an office of the department, the department must notify the
25 sheriff and the state attorney of the county and, if
26 applicable, the police chief of the municipality, where the
27 sexual predator permanently or temporarily resides within 48
28 hours after the sexual predator registers with the department
29 or provides change of location information to the department.
30 (f)(d)1. The department is responsible for the on-line
31 maintenance of current information regarding each registered
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1 sexual predator. The department must maintain hotline access
2 for state, local, and federal law enforcement agencies to
3 obtain instantaneous locator file and offender characteristics
4 information on all released registered sexual predators for
5 purposes of monitoring, tracking, and prosecution. The
6 photograph and fingerprints do not have to be stored in a
7 computerized format.
8 2. The department's sexual predator registration list,
9 containing the information described in subparagraph (a)1., is
10 a public record. The department is authorized to disseminate
11 this public information by any means deemed appropriate,
12 including operating a "900" telephone number for this purpose.
13 When the department provides information regarding a
14 registered sexual predator to the public, department personnel
15 must advise the person making the inquiry that positive
16 identification of a person believed to be a sexual predator
17 cannot be established unless a fingerprint comparison is made,
18 and that it is illegal to use public information regarding a
19 registered sexual predator to facilitate the commission of a
20 crime.
21 3. The department shall adopt guidelines as necessary
22 regarding the registration of sexual predators and the
23 dissemination of information regarding sexual predators as
24 required by this section.
25 (g)(e) A sexual predator must maintain registration
26 with the department for the duration of his or her life,
27 unless the sexual predator has had his or her civil rights
28 restored, or has received a full pardon or has had a
29 conviction set aside in a postconviction proceeding for any
30 felony sex offense that which met the criteria for the sexual
31 predator designation.; However, a sexual predator who has been
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1 lawfully released from confinement, supervision, or sanction,
2 whichever is later, for at least 10 years and has not been
3 arrested for any felony or misdemeanor offense since release,
4 may petition the criminal division of the circuit court for
5 the purpose of removing the sexual predator designation. The
6 court has the discretion to grant or deny such relief.
7 (7) COMMUNITY AND PUBLIC NOTIFICATION.--
8 (a) Law enforcement agencies must inform the community
9 and the public of a sexual predator's presence. Upon
10 notification of the presence of a sexual predator, the sheriff
11 of the county or the chief of police of the municipality where
12 the sexual predator temporarily or permanently resides shall
13 notify the community and the public of the presence of the
14 sexual predator in a manner deemed appropriate by the sheriff
15 or the chief of police. Information provided to the community
16 and the public regarding a sexual predator must include:
17 1. The name of the sexual predator;
18 2. A description of the sexual predator, including a
19 photograph;
20 3. The sexual predator's current address, including
21 the name of the county or municipality if known;
22 4. The circumstances of the sexual predator's offense
23 or offenses; and
24 5. Whether The age of the victim of the sexual
25 predator's offense or offenses was, at the time of the
26 offense, a minor or an adult.
27
28 This paragraph does not authorize the release of the name of
29 any victim of the sexual predator.
30 (b) The sheriff or the police chief may coordinate the
31 community and public notification efforts with the department.
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1 Statewide notification to the public is authorized, as deemed
2 appropriate by local law enforcement personnel and the
3 department.
4 (c) The department shall notify the public of all
5 designated sexual predators through the Internet. The
6 Internet notice shall include the information required by
7 paragraph (a).
8 (d)(c) The department shall adopt a protocol to assist
9 law enforcement agencies in their efforts to notify the
10 community and the public of the presence of sexual predators.
11 The department, in consultation and cooperation with the
12 Department of Highway Safety and Motor Vehicles, shall
13 determine the feasibility of requiring sexual predators to
14 have a special designation on any drivers license,
15 identification card, or license tag issued in this state.
16 (9) PENALTIES.--
17 (a) A sexual predator who fails to register or be
18 registered or who fails, after registration, to renew a
19 driver's license or identification card or provide required
20 location information, commits a felony of the third degree,
21 punishable as provided in s. 775.082, s. 775.083, or s.
22 775.084.
23 Section 6. Section 943.046, Florida Statutes, is
24 created to read:
25 943.046 Notification of criminal offender
26 information.--
27 (1) Any state or local law enforcement agency may
28 release to the public any criminal history information and
29 other information regarding a criminal offender, including,
30 but not limited to, public notification by the agency of the
31 information, unless the information is confidential and exempt
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1 from s. 119.07(1) and s. 24(a), Art. I of the State
2 Constitution. However, this section does not contravene any
3 provision of s. 943.053 which relates to the method by which
4 an agency or individual may obtain a copy of an offender's
5 criminal history record.
6 (2) A state or local law enforcement agency and its
7 personnel are immune from civil liability for the release of
8 criminal history information or other information regarding a
9 criminal offender, as provided by this section.
10 Section 7. Section 943.043, Florida Statutes, is
11 created to read:
12 943.043 Toll-free telephone number; sex-offender
13 information.--
14 (1) The department shall provide, through a toll-free
15 telephone number, public access to information regarding sex
16 offenders which is not confidential or exempt from public
17 disclosure and which is reported to the department by the
18 Department of Corrections as provided in s. 944.607 or by a
19 sex offender as provided in s. 943.0435.
20 (2) The department shall provide to any person, upon
21 request and at a reasonable cost determined by the department,
22 a copy of the photograph of any sex offender or sexual
23 predator which the department maintains in its files and a
24 printed summary of the information that is available to the
25 public under this section.
26 (3) The department and its personnel are immune from
27 civil liability for damages for good-faith compliance with
28 this section and shall be presumed to have acted in good faith
29 by reporting information. The presumption of good faith is not
30 overcome if technical or clerical errors are made by the
31 department and its personnel in reporting the information, if
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CS/HB 393, First Engrossed
1 the department and its personnel are unable to report
2 information because the information has not been provided or
3 reported by a person or agency required to provide or report
4 the information to the department, or if the department and
5 its personnel report information that was falsely reported
6 without the knowledge of the department and its personnel.
7 Section 8. Section 943.0435, Florida Statutes, is
8 created to read:
9 943.0435 Sex offenders required to report to the
10 department; penalty.--
11 (1) As used in this section, the term:
12 (a) "Sex offender" means a person who has been:
13 1. Convicted of committing, or attempting, soliciting,
14 or conspiring to commit, any of the criminal offenses
15 proscribed in the following statutes in this state or
16 analogous offenses in another jurisdiction: s. 787.025,
17 chapter 794, s. 796.03, s. 800.04, s. 827.071, s. 847.0133, s.
18 847.0135, s. 847.0145, or any similar offense committed in
19 this state which has been redesignated from a former statute
20 number to one of those listed in this subparagraph.
21 2. Released on or after October 1, 1997, from the
22 sanction imposed for any conviction of an offense described in
23 subparagraph 1. For purposes of subparagraph 1., a sanction
24 imposed in this state or in any other jurisdiction includes,
25 but is not limited to, a fine, probation, community control,
26 parole, conditional release, control release, or incarceration
27 in a state prison, federal prison, private correctional
28 facility, or local detention facility.
29 (b) "Convicted" means the person has been determined
30 guilty as a result of a plea or a trial, regardless of whether
31 adjudication is withheld.
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1 (2) A sex offender shall initially report in person at
2 an office of the department, or at the sheriff's office in the
3 county in which the offender permanently or temporarily
4 resides, within 48 hours after establishing permanent or
5 temporary residence in this state. A sex offender permanently
6 resides in this state if the offender abides, lodges, or
7 resides in a place for more than 2 consecutive weeks. A sex
8 offender temporarily resides in this state if the offender
9 abides, lodges, or resides in a place for 2 consecutive weeks
10 or less, excluding a stay of 2 consecutive weeks or less at a
11 different residence due to a vacation or an emergency or
12 special circumstance that requires the sex offender to leave
13 his or her place of permanent or temporary residence for 2
14 weeks or less. The sex offender shall provide his or her name,
15 date of birth, race, sex, height, weight, hair and eye color,
16 tattoos or other identifying marks, address of permanent or
17 legal residence, or address of any current temporary
18 residence, date and place of each conviction, and a brief
19 description of the crime or crimes committed by the offender.
20 If a sex offender reports at the sheriff's office, the sheriff
21 shall take a photograph and a set of fingerprints of the
22 offender and forward the photographs and fingerprints to the
23 department, along with the information provided by the sex
24 offender.
25 (3) Subsequent to the initial report required under
26 subsection (2), a sex offender shall report in person at a
27 driver's license office of the Department of Highway Safety
28 and Motor Vehicles within 48 hours after any change in the
29 offender's permanent or temporary residence. At the driver's
30 license office the sex offender shall:
31
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1 (a) If otherwise qualified, secure a Florida driver's
2 license, renew a Florida driver's license, or secure an
3 identification card. The sex offender shall identify himself
4 or herself as a sex offender who is required to comply with
5 this section. The sex offender shall provide any of the
6 information specified in subsection (2), if requested. The sex
7 offender shall submit to the taking of a photograph for use in
8 issuing a driver's license, renewed license, or identification
9 card, and for use by the department in maintaining current
10 records of sex offenders.
11 (b) Pay the costs assessed by the Department of
12 Highway Safety and Motor Vehicles for issuing or renewing a
13 driver's license or identification card as required by this
14 section.
15 (c) Provide, upon request, any additional information
16 necessary to confirm the identity of the sex offender,
17 including a set of fingerprints.
18 (4) Each time a sex offender's driver's license or
19 identification card is subject to renewal, the offender shall
20 report in person to a driver's license office, regardless of
21 whether the offender's residence has changed, and shall be
22 subject to the requirements specified in subsection (3). The
23 Department of Highway Safety and Motor Vehicles shall forward
24 to the department all photographs and information provided by
25 sex offenders. Notwithstanding the restrictions set forth in
26 s. 322.142, the Department of Highway Safety and Motor
27 Vehicles is authorized to release a reproduction of a
28 color-photograph or digital-image license to the Department of
29 Law Enforcement for purposes of public notification of sexual
30 offenders as provided in ss. 943.043, 943.0435, and 944.606.
31
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CS/HB 393, First Engrossed
1 (5) This section does not apply to a sex offender who
2 is also a sexual predator, as defined in s. 775.21. A sexual
3 predator must register as required under s. 775.21.
4 (6) A sex offender who does not comply with the
5 requirements of this section commits a felony of the third
6 degree, punishable as provided in s. 775.082, s. 775.083, or
7 s. 775.084.
8 (7) The department, the Department of Highway Safety
9 and Motor Vehicles, the Department of Corrections, and the
10 personnel of those departments are immune from civil liability
11 for damages for good-faith compliance with the requirements of
12 this section, and shall be presumed to have acted in good
13 faith in compiling, recording, and reporting information. The
14 presumption of good faith is not overcome if a technical or
15 clerical error is made by the department, the Department of
16 Highway Safety and Motor Vehicles, the Department of
17 Corrections, or the personnel of those departments in
18 compiling or providing information, or if information is
19 incomplete or incorrect because a sex offender fails to report
20 or falsely reports his or her current place of permanent or
21 temporary residence.
22 Section 9. Section 944.607, Florida Statutes, is
23 created to read:
24 944.607 Notification to Department of Law Enforcement
25 of information on sex offenders.--
26 (1) As used in this section, the term:
27 (a) "Sex offender" means a person who is in the
28 custody or control of, or under the supervision of, the
29 department or is in the custody of a private correctional
30 facility on or after October 1, 1997, as a result of a
31 conviction for committing, or attempting, soliciting, or
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CS/HB 393, First Engrossed
1 conspiring to commit, any of the criminal offenses proscribed
2 in the following statutes in this state or analogous offenses
3 in another jurisdiction: s. 787.025, chapter 794, s. 796.03,
4 s. 800.04, s. 827.071, s. 847.0133, s. 847.0135, s. 847.0145,
5 or any similar offense committed in this state which has been
6 redesignated from a former statute number to one of those
7 listed in this paragraph.
8 (b) "Conviction" means a determination of guilt as a
9 result of a plea or trial, regardless of whether adjudication
10 is withheld.
11 (2) In addition to notification and transmittal
12 requirements imposed by any other provision of law, the
13 department shall compile information on any sex offender and
14 provide the information to the Department of Law Enforcement.
15 The information shall be made available electronically to the
16 Department of Law Enforcement as soon as this information is
17 in the department's database and must be in a format that is
18 compatible with the requirements of the Florida Crime
19 Information Center.
20 (3) The information provided to the Department of Law
21 Enforcement must include:
22 (a) The name of the sex offender and any alias, if
23 known;
24 (b) The sex offender's most current address and place
25 of permanent or temporary residence, including the name of the
26 county or municipality in which the offender permanently or
27 temporarily resides and, if known, the intended place of
28 permanent or temporary residence upon satisfaction of all
29 sanctions;
30 (c) The legal status of the sex offender and the
31 scheduled termination date of that legal status;
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CS/HB 393, First Engrossed
1 (d) The location of, and local telephone number for,
2 any office of probation, community control, parole,
3 conditional release, or control release which is responsible
4 for supervising the sex offender;
5 (e) An indication of whether the victim of the offense
6 that resulted in the offender's status as a sex offender was a
7 minor;
8 (f) A physical description of the sex offender;
9 (g) The offense or offenses at conviction which
10 resulted in the determination of the offender's status as a
11 sex offender; and
12 (h) A digitized photograph of the sex offender which
13 must have been taken within 60 days before the offender is
14 released from the custody of the department or a private
15 correctional facility by expiration of sentence under s.
16 944.275 or must have been taken by January 1, 1998, or within
17 60 days after the onset of the department's supervision of any
18 sex offender who is on probation, community control,
19 conditional release, parole, provisional release, or control
20 release or who is supervised by the department under the
21 Interstate Compact Agreement for Probationers and Parolees. If
22 the sex offender is in the custody of a private correctional
23 facility, the facility shall take a digitized photograph of
24 the sex offender within the time period provided in this
25 paragraph and shall provide the photograph to the department.
26
27 If any information provided by the department changes during
28 the time the sex offender is under the department's control,
29 custody, or supervision, the department shall update the
30 information and provide it to the Department of Law
31 Enforcement in the manner prescribed in subsection (2).
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CS/HB 393, First Engrossed
1 (4) The department and its personnel are immune from
2 civil liability for damages for good-faith compliance with
3 this section, and shall be presumed to have acted in good
4 faith in compiling, recording, and providing information. The
5 presumption of good faith is not overcome if technical or
6 clerical errors are made by the department and its personnel
7 in compiling, recording, or providing information, if the
8 information compiled, recorded, or provided by the department
9 and its personnel is incomplete because the information has
10 not been provided to the department by a person or agency
11 required to provide the information, or if the department and
12 its personnel compile, record, or provide information that was
13 falsely reported without the knowledge of the department and
14 its personnel.
15 Section 10. Section 944.605, Florida Statutes, 1996
16 Supplement, is amended to read:
17 944.605 Inmate release; notice by Department of
18 Corrections, Control Release Authority, or Parole
19 Commission.--
20 (1) Within 6 months before the release of an inmate
21 from the custody of the Department of Corrections or a private
22 correctional facility by expiration of sentence under s.
23 944.275, any release program provided by law, or parole under
24 chapter 947, or as soon as possible if the offender is
25 released earlier than anticipated, notification of such
26 anticipated release date shall be made known by the
27 appropriate agency to the chief original sentencing judge of
28 the circuit in which the offender was sentenced, the
29 appropriate state attorney, the original arresting law
30 enforcement agency, the Department of Law Enforcement, and the
31 sheriff as chief law enforcement officer of the county in
29
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1 which the inmate plans to reside. If the original sentencing
2 judge is no longer available, such notice shall be sent to the
3 chief judge of the circuit in which the offender was
4 sentenced. In addition, unless otherwise requested by the
5 victim or the personal representative of the victim, the state
6 attorney, the Department of Corrections, the Control Release
7 Authority, or the Parole Commission, whichever is appropriate,
8 shall notify such person within 6 months before the inmate's
9 release, or as soon as possible if the offender is released
10 earlier than anticipated, when if the name and address of such
11 victim or representative of the victim has been furnished to
12 the agency. The state attorney shall provide the latest
13 address documented for the victim to the sheriff with the
14 other documents required by law for the delivery of inmates to
15 those agencies for service of sentence. For the purposes of
16 this section, the Parole Commission or the Control Release
17 Authority is the appropriate agency for any type of release it
18 grants, and the Department of Corrections is the appropriate
19 agency for any type of release it authorizes. This section
20 does not imply any repeal or modification of any provision of
21 law relating to notification of victims.
22 (2) Within 60 120 days before the anticipated release
23 of an inmate under subsection (1), a digitized photograph
24 except for an inmate for which notification is required under
25 subsection (3) or s. 944.606, an exit photo of the inmate to
26 be released shall be made by the Department of Corrections or
27 a private correctional facility, whichever has custody of the
28 inmate. If a private correctional facility makes the digitized
29 photograph, this photograph shall be provided to the
30 Department of Corrections. Additionally, the digitized
31 photograph, whether made by the Department of Corrections or a
30
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1 private correctional facility, shall be taken and placed in
2 the inmate's file. The Department of Corrections shall make
3 the digitized photograph available electronically to the
4 Department of Law Enforcement as soon as the digitized
5 photograph is in the department's database and must be in a
6 format that is compatible with the requirements of the Florida
7 Crime Information Center. The department shall provide a copy
8 of the digitized photograph to a local law enforcement agency
9 upon request.
10 (3) If an inmate is to be released after having served
11 one or more sentences for a conviction of robbery, sexual
12 battery, home-invasion robbery, or carjacking, or an inmate to
13 be released has a prior conviction for robbery, sexual
14 battery, home-invasion robbery, or carjacking or similar
15 offense, in this state or in another jurisdiction, and if such
16 prior conviction information is contained in department
17 records, the appropriate releasing agency shall release to the
18 sheriff of the county in which the inmate plans to reside,
19 and, if the inmate plans to reside within a municipality, to
20 the chief of police of that municipality, the following
21 information, which must include, but need not be limited to:
22 (a) Name;
23 (b) Social security number;
24 (c) Date of birth;
25 (d) Race;
26 (e) Sex;
27 (f) Height;
28 (g) Weight;
29 (h) Hair and eye color;
30 (i) Tattoos or other identifying marks;
31 (j) Fingerprints; and
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1 (k) A digitized photograph as provided in subsection
2 (2) taken not more than 90 days before the date of the
3 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 11. 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 committed 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
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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 sexual offender; and the offender's intended residence
17 address, if known. If the sexual offender is in the custody of
18 a private correctional facility, the facility shall take the
19 digitized photograph of the sexual offender within 60 days
20 before the sexual offender's release and provide this
21 photograph to the Department of Corrections and also place it
22 in the sexual offender's file.
23 2. The department may provide any other information
24 deemed necessary, including criminal and corrections records,
25 nonprivileged personnel and treatment records, when available.
26 (b) The department must provide the information
27 described in subparagraph (a)1. to:
28 1. The sheriff of the county from where the sexual
29 offender was sentenced;
30
31
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CS/HB 393, First Engrossed
1 2. The sheriff of the county and, if applicable, the
2 police chief of the municipality, where the sexual offender
3 plans to reside; and
4 3. The Florida Department of Law Enforcement; and
5 4.3. Any person who requests such information,
6
7 either within 6 months prior to the anticipated release of a
8 sexual offender, or as soon as possible if an offender is
9 released earlier than anticipated. All such information
10 provided to the Department of Law Enforcement must be
11 available electronically as soon as the information is in the
12 agency's database and must be in a format that is compatible
13 with the requirements of the Florida Crime Information Center.
14 (c) Upon request, the department must provide the
15 information described in subparagraph (a)2. to:
16 1. The sheriff of the county from where the sexual
17 offender was sentenced; and
18 2. The sheriff of the county and, if applicable, the
19 police chief of the municipality, where the sexual offender
20 plans to reside,
21
22 either within 6 months prior to the anticipated release of a
23 sexual offender, or as soon as possible if an offender is
24 released earlier than anticipated.
25 (d) Upon receiving information regarding a sexual
26 offender from the department, the Department of Law
27 Enforcement, the sheriff or the chief of police shall provide
28 the information described in subparagraph (a)1. to any
29 individual who requests such information and may release the
30 information to the public in any manner deemed appropriate,
31 unless the information so received is confidential or exempt
34
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1 from s. 119.07(1) and s. 24(a), Art. I of the State
2 Constitution.
3 (4) This section authorizes does not authorize the
4 department or any law enforcement agency to notify the
5 community and the public of a sexual offender's presence in
6 the community. However, with respect to a sexual offender who
7 has been found to be a "sexual predator" under chapter 775,
8 the Florida Department of Law Enforcement or any other law
9 enforcement agency must inform the community and the public of
10 the sexual predator's presence in the community, as provided
11 in chapter 775. Release of information pursuant to this
12 section does not constitute unauthorized public disclosure of
13 information that relates to sexual predators under chapter
14 775.
15 (5) An elected or appointed official, public employee,
16 or agency is immune from civil liability for damages resulting
17 from the release of information under this section.
18 Section 12. Section 947.177, Florida Statutes, 1996
19 Supplement, is amended to read:
20 947.177 Inmate release; notice by Department of
21 Corrections, Control Release Authority, or Parole
22 Commission.--
23 (1) Within 6 months before the release of an inmate
24 from the custody of the Department of Corrections or a private
25 correctional facility by expiration of sentence under s.
26 944.275, control release under s. 947.146, or parole under
27 this chapter, or as soon as possible if the offender is
28 released earlier than anticipated, notification of such
29 release date shall be made known by the appropriate agency to
30 the chief original sentencing judge of the circuit in which
31 the offender was sentenced, the appropriate state attorney,
35
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1 the original arresting law enforcement agency, and the sheriff
2 as chief law enforcement officer of the county in which the
3 inmate plans to reside. If the original sentencing judge is
4 no longer available, such notice shall be sent to the chief
5 judge of the circuit in which the offender was sentenced. In
6 addition, unless otherwise requested by the victim or the
7 personal representative of the victim, the state attorney, the
8 Department of Corrections, or the Parole Commission, whichever
9 is appropriate, shall notify such person within 6 months
10 before the inmate's release, or as soon as possible if the
11 offender is released earlier than anticipated, when if the
12 name and address of the victim or representative of the victim
13 has been furnished to the agency. The state attorney shall
14 provide the latest address documented for the victim to the
15 sheriff with the other documents required by law for the
16 delivery of inmates to those agencies for service of sentence.
17 For the purposes of this section, the Parole Commission or the
18 Control Release Authority is the appropriate agency for any
19 type of release it grants, and the Department of Corrections
20 is the appropriate agency for any type of release it
21 authorizes. This section does not imply any repeal or
22 modification of any provision of law relating to notification
23 of victims.
24 (2) Within 60 120 days before the anticipated release
25 of an inmate, a digitized photograph except for an inmate for
26 which notification is required under subsection (3) or s.
27 944.606, an exit photo of the inmate to be released shall be
28 made by the Department of Corrections or a private
29 correctional facility, whichever has custody of the inmate. If
30 a private correctional facility makes the digitized
31 photograph, this photograph shall be provided to the
36
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1 Department of Corrections. Additionally, the digitized
2 photograph, whether made by the Department of Corrections or a
3 private correctional facility, shall be taken and placed in
4 the inmate's file. The Department of Corrections shall make
5 the digitized photograph available electronically to the
6 Department of Law Enforcement as soon as the digitized
7 photograph is in the agency's database and must be in a format
8 that is compatible with the requirements of the Florida Crime
9 Information Center.
10 (3) If an inmate is to be released after having served
11 one or more sentences for a conviction of robbery, sexual
12 battery, home-invasion robbery, or carjacking, or an inmate to
13 be released has a prior conviction for robbery, sexual
14 battery, home-invasion robbery, or carjacking or similar
15 offense, in this state or in another jurisdiction, and if such
16 prior conviction information is contained in records of the
17 Department of Corrections, the appropriate releasing agency
18 shall release to the sheriff of the county in which the inmate
19 plans to reside, and, if the inmate plans to reside within a
20 municipality, to the chief of police of that municipality, the
21 following information, which must include, but need not be
22 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;
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1 (j) Fingerprints; and
2 (k) A digitized photograph as provided in subsection
3 (2) taken not more than 90 days before the date of the
4 inmate's release.
5
6 The Department of Corrections, the Parole Commission, or the
7 Control Release Authority shall release the information
8 specified in this subsection within 6 months prior to the
9 discharge of the inmate from the custody of the Department of
10 Corrections.
11 Section 13. Present subsections (2), (3), (4), (5),
12 and (6) of section 948.06, Florida Statutes, are redesignated
13 as subsections (3), (4), (5), (6), and (7), respectively, and
14 a new subsection (2) is added to that section, to read:
15 948.06 Violation of probation or community control;
16 revocation; modification; continuance; failure to pay
17 restitution or cost of supervision.--
18 (2)(a) When any state or local law enforcement agency
19 investigates or arrests a person for committing, or
20 attempting, soliciting, or conspiring to commit, a violation
21 of: s. 787.025, chapter 794, s. 796.03, s. 800.04, s.
22 827.071, s. 847.0133, s. 847.0135, or s. 847.0145, the law
23 enforcement agency shall contact the Department of Corrections
24 to verify whether the person under investigation or under
25 arrest is on probation, community control, parole, conditional
26 release, or control release.
27 (b) If the law enforcement agency finds that the
28 person under investigation or under arrest is on probation,
29 community control, parole, conditional release, or control
30 release, the law enforcement agency shall immediately notify
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1 the person's probation officer or release supervisor of the
2 investigation or the arrest.
3 Section 14. Paragraph (f) of subsection (3) of section
4 921.0012, Florida Statutes, 1996 Supplement, is amended to
5 read:
6 921.0012 Sentencing guidelines offense levels; offense
7 severity ranking chart.--
8 (3) OFFENSE SEVERITY RANKING CHART
9 Florida Felony
10 Statute Degree Description
11
12
13 (f) LEVEL 6
14 316.027(1)(b) 2nd Accident involving death, failure
15 to stop; leaving scene.
16 316.193(2)(b) 3rd Felony DUI, 4th or subsequent
17 conviction.
18 775.21(9) 3rd Failure to register; failure to
19 renew driver's license or
20 identification card.
21 775.0875(1) 3rd Taking firearm from law
22 enforcement officer.
23 784.021(1)(a) 3rd Aggravated assault; deadly weapon
24 without intent to kill.
25 784.021(1)(b) 3rd Aggravated assault; intent to
26 commit felony.
27 784.048(3) 3rd Aggravated stalking; credible
28 threat.
29 784.07(2)(c) 2nd Aggravated assault on law
30 enforcement officer.
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1 784.08(2)(b) 2nd Aggravated assault on a person 65
2 years of age or older.
3 784.081(2) 2nd Aggravated assault on specified
4 official or employee.
5 784.082(2) 2nd Aggravated assault by detained
6 person on visitor or other
7 detainee.
8 787.02(2) 3rd False imprisonment; restraining
9 with purpose other than those in
10 s. 787.01.
11 790.115(2)(d) 2nd Discharging firearm or weapon on
12 school property.
13 790.161(2) 2nd Make, possess, or throw
14 destructive device with intent to
15 do bodily harm or damage
16 property.
17 790.164(1) 2nd False report of deadly explosive
18 or act of arson or violence to
19 state property.
20 790.19 2nd Shooting or throwing deadly
21 missiles into dwellings, vessels,
22 or vehicles.
23 794.011(8)(a) 3rd Solicitation of minor to
24 participate in sexual activity by
25 custodial adult.
26 794.05(1) 2nd Unlawful sexual activity with
27 specified minor.
28 806.031(2) 2nd Arson resulting in great bodily
29 harm to firefighter or any other
30 person.
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1 810.02(3)(c) 2nd Burglary of occupied structure;
2 unarmed; no assault or battery.
3 812.014(2)(b) 2nd Property stolen $20,000 or more,
4 but less than $100,000, grand
5 theft in 2nd degree.
6 812.13(2)(c) 2nd Robbery, no firearm or other
7 weapon (strong-arm robbery).
8 817.034(4)(a)1. 1st Communications fraud, value
9 greater than $50,000.
10 817.4821(5) 2nd Possess cloning paraphernalia
11 with intent to create cloned
12 cellular telephones.
13 825.102(1) 3rd Abuse of an elderly person or
14 disabled adult.
15 825.102(3)(c) 3rd Neglect of an elderly person or
16 disabled adult.
17 825.1025(3) 3rd Lewd or lascivious molestation of
18 an elderly person or disabled
19 adult.
20 825.103(2)(c) 3rd Exploiting an elderly person or
21 disabled adult and property is
22 valued at $100 or more, but less
23 than $20,000.
24 827.03(1) 3rd Abuse of a child.
25 827.03(3)(c) 3rd Neglect of a child.
26 827.071(2)&(3) 2nd Use or induce a child in a sexual
27 performance, or promote or direct
28 such performance.
29 836.05 2nd Threats; extortion.
30 836.10 2nd Written threats to kill or do
31 bodily injury.
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1 843.12 3rd Aids or assists person to escape.
2 914.23 2nd Retaliation against a witness,
3 victim, or informant, with bodily
4 injury.
5 943.0435(6) 3rd Sex offenders; failure to comply
6 with reporting requirements.
7 944.35(3)(a)2. 3rd Committing malicious battery upon
8 or inflicting cruel or inhuman
9 treatment on an inmate or
10 offender on community
11 supervision, resulting in great
12 bodily harm.
13 944.40 2nd Escapes.
14 944.46 3rd Harboring, concealing, aiding
15 escaped prisoners.
16 944.47(1)(a)5. 2nd Introduction of contraband
17 (firearm, weapon, or explosive)
18 into correctional facility.
19 951.22(1) 3rd Intoxicating drug, firearm, or
20 weapon introduced into county
21 facility.
22 Section 15. Section 921.0017, Florida Statutes, is
23 amended to read:
24 921.0017 Credit upon recommitment of offender serving
25 split sentence.--Effective for offenses committed on or after
26 January 1, 1994, if an offender's probation or community
27 control is revoked and the offender is serving a split
28 sentence pursuant to s. 948.01, upon recommitment to the
29 Department of Corrections, the court shall order credit for
30 time served only, without considering any type of gain-time
31 earned before release to supervision, or any type of sentence
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1 reduction granted to avoid prison overcrowding, including, but
2 not limited to, any sentence reduction resulting from
3 administrative gain-time, provisional credits, or control
4 release. The court shall determine the amount of jail-time
5 credit to be awarded for time served between the date of
6 arrest as a violator and the date of recommitment, and shall
7 direct the Department of Corrections to compute and apply
8 credit for all other time served previously on the prior
9 sentence for the offense for which the offender is being
10 recommitted. This section does not affect or limit the
11 department's authority to forfeit gain-time under ss.
12 944.28(1) and 948.06(7) 948.06(6).
13 Section 16. At the time of sentencing of any offender
14 for an offense involving a victim who, at the time the offense
15 was committed, was a minor, the court shall stamp on the face
16 of the judgment "VICTIM IS A MINOR" and shall note this fact
17 on any document or information sent to the Department of Law
18 Enforcement for its incorporation into the criminal justice
19 information system of the Department of Law Enforcement.
20 Section 17. (1) There is appropriated to the Florida
21 Department of Law Enforcement the sum of $311,680 from the
22 General Revenue Fund, and five positions are allocated to the
23 department, for fiscal year 1997-1998. Of the funds
24 appropriated to the Department of Law Enforcement, the sum of
25 $209,750 may be expended for recurring costs.
26 (2) There is appropriated to the Department of
27 Corrections the sum of $141,160 from the General Revenue Fund
28 for fiscal year 1997-1998. Of the funds appropriated to the
29 Department of Corrections, the sum of $31,200 may be expended
30 for recurring costs.
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1 (3) There is appropriated to the Department of Highway
2 Safety and Motor Vehicles the sum of $31,748 from the Highway
3 Safety Operating Trust Fund for fiscal year 1997-1998.
4 Section 18. This act shall take effect October 1,
5 1997.
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