CODING: Words stricken are deletions; words underlined are additions.



                                                   HOUSE AMENDMENT

                                                   Bill No. HB 143

    Amendment No. 01 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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  4  ______________________________________________________________

  5                                           ORIGINAL STAMP BELOW

  6

  7

  8

  9

10  ______________________________________________________________

11  The Committee on Crime Prevention, Corrections & Safety

12  offered the following:

13

14         Amendment (with title amendment) 

15  Remove everything after the enacting clause

16

17  and insert:

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

19  Statutes, is amended to read:

20         775.13  Registration of convicted felons, exemptions;

21  penalties.--

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

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

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

25  which convicted;

26         (c)  Who has been lawfully released from incarceration

27  or other sentence or supervision for a felony conviction for

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

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

30  has been convicted of any offense since release from such

31  incarceration or other sentence or supervision;

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 143

    Amendment No. 01 (for drafter's use only)





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

  2  supervision of the United States Parole Commission if the

  3  commission knows of and consents to the presence of the

  4  offender in Florida or is a probationer under the supervision

  5  of any federal probation officer in the state or who has been

  6  lawfully discharged from such parole or probation;

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

  8  required under s. 775.21; or

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

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

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

12  required in s. 775.261 or s. 944.609.

13         Section 2.  Section 775.26, Florida Statutes, is

14  created to read:

15         775.26  Registration of career offenders and public

16  notification; legislative findings and intent.--The

17  Legislature finds that certain career offenders, by virtue of

18  their histories of offenses, present a threat to the public

19  and to communities. The Legislature finds that requiring these

20  career offenders to register for the purpose of tracking these

21  career offenders and that providing for notifying the public

22  and a community of the presence of a career offender are

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

24  communities if a career offender engages again in criminal

25  conduct. Registration is intended to aid law enforcement

26  agencies in timely apprehending a career offender.

27  Registration is not a punishment, but merely a status.

28  Notification to the public and communities of the presence of

29  a career offender aids the public and communities in avoiding

30  being victimized by a career offender. The Legislature intends

31  to require the registration of career offenders and to

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 143

    Amendment No. 01 (for drafter's use only)





  1  authorize law enforcement agencies to notify the public and

  2  communities of the presence of a career offender.

  3         Section 3.  Section 775.261, Florida Statutes, is

  4  created to read:

  5         775.261  The Florida Career Offender Registration Act;

  6  definitions; criteria; designation; registration; community

  7  notification; immunity; penalties.--

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

  9  Florida Career Offender Registration Act."

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

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

12  designated as a habitual violent felony offender, a violent

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

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

15  775.082(9).

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

17  officer of a municipality.

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

19  offender lives or otherwise establishes or maintains a

20  temporary or permanent residence.

21         (d)  "Department" means the Department of Law

22  Enforcement.

23         (e)  "Entering the county" includes being discharged

24  from a correctional facility, jail, or secure treatment

25  facility within the county or being under supervision within

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

27  paragraph (a).

28         (f)  "Permanent residence" means a place where the

29  career offender abides, lodges, or resides for 14 or more

30  consecutive days.

31         (g)  "Temporary residence" means:

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 143

    Amendment No. 01 (for drafter's use only)





  1         1.  A place where the career offender abides, lodges,

  2  or resides for a period of 14 or more days in the aggregate

  3  during any calendar year and which is not the career

  4  offender's permanent address;

  5         2.  For a career offender whose permanent residence is

  6  not in this state, a place where the career offender is

  7  employed, practices a vocation, or is enrolled as a student

  8  for any period of time in this state; or

  9         3.  A place where the career offender routinely abides,

10  lodges, or resides for a period of 4 or more consecutive or

11  nonconsecutive days in any month and which is not the career

12  offender's permanent residence, including any out-of-state

13  address.

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

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

16  2004, from a sanction imposed in this state for a designation

17  as a habitual violent felony offender, a violent career

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

19  775.084 or as a prison releasee reoffender under s. 775.082(9)

20  must register as required under subsection (4) and is subject

21  to community and public notification as provided under

22  subsection (7). For purposes of this section, a sanction

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

24  probation, community control, parole, conditional release,

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

26  correctional facility, or local detention facility, and:

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

28  any felony or other qualified offense that is necessary for

29  the operation of this paragraph; or

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

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

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 143

    Amendment No. 01 (for drafter's use only)





  1  aside in any postconviction proceeding.

  2         (b)  This section does not apply to any person who has

  3  been designated as a sexual predator and required to register

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

  5  offender under s. 943.0435 or s. 944.607. However, if a person

  6  is no longer required to register as a sexual predator under

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

  8  944.607, the person must register as a career offender under

  9  this section if the person is otherwise designated as a career

10  offender as provided in this section.

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

12  offender is not subject to registration as a convicted felon

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

14  to register as a career offender under this section, the

15  person must register under s. 775.13 if required to do so

16  under that section.

17         (d)  If a career offender is not sentenced to a term of

18  imprisonment, the clerk of the court shall ensure that the

19  career offender's fingerprints are taken and forwarded to the

20  department within 48 hours after the court renders its finding

21  that an offender is a career offender. The fingerprint card

22  shall be clearly marked, "Career Offender Registration Card."

23         (4)  REGISTRATION.--

24         (a)  A career offender must register with the

25  department by providing the following information to the

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

27  the career offender establishes or maintains a permanent or

28  temporary residence, within 48 hours after establishing

29  permanent or temporary residence in this state or within 48

30  hours after being released from the custody, control, or

31  supervision of the Department of Corrections or from the

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 143

    Amendment No. 01 (for drafter's use only)





  1  custody of a private correctional facility:

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

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

  4  address of legal residence and address of any current

  5  temporary residence within the state or out of state,

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

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

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

  9  committed by the career offender. A career offender may not

10  provide a post office box in lieu of a physical residential

11  address. If the career offender's place of residence is a

12  motor vehicle, trailer, mobile home, or manufactured home, as

13  defined in chapter 320, the career offender shall also provide

14  to the department written notice of the vehicle identification

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

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

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

18  offender's place of residence is a vessel, live-aboard vessel,

19  or houseboat, as defined in chapter 327, the career offender

20  shall also provide to the department written notice of the

21  hull identification number; the manufacturer's serial number;

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

23  registration number; and a description, including color

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

25         2.  Any other information determined necessary by the

26  department, including criminal and corrections records;

27  nonprivileged personnel and treatment records; and evidentiary

28  genetic markers when available.

29         (b)  If a career offender registers with the sheriff's

30  office, the sheriff shall take a photograph and a set of

31  fingerprints of the career offender and forward the

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 143

    Amendment No. 01 (for drafter's use only)





  1  photographs and fingerprints to the department, along with the

  2  information that the career offender is required to provide

  3  pursuant to this section.

  4         (c)  Within 48 hours after the registration required

  5  under paragraph (a), a career offender who is not incarcerated

  6  and who resides in the community, including a career offender

  7  under the supervision of the Department of Corrections

  8  pursuant to s. 944.608, shall register in person at a driver's

  9  license office of the Department of Highway Safety and Motor

10  Vehicles and shall present proof of registration. At the

11  driver's license office, the career offender shall:

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

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

14  identification card. The career offender shall identify

15  himself or herself as a career offender who is required to

16  comply with this section, provide his or her place of

17  permanent or temporary residence, including a rural route

18  address or a post office box, and submit to the taking of a

19  photograph for use in issuing a driver's license, renewed

20  license, or identification card, and for use by the department

21  in maintaining current records of career offenders. The career

22  offender may not provide a post office box in lieu of a

23  physical residential address. If the career offender's place

24  of residence is a motor vehicle, trailer, mobile home, or

25  manufactured home, as defined in chapter 320, the career

26  offender shall also provide to the Department of Highway

27  Safety and Motor Vehicles the vehicle identification number;

28  the license tag number; the motor vehicle registration number;

29  and a description, including color scheme, of the motor

30  vehicle, trailer, mobile home, or manufactured home. If a

31  career offender's place of residence is a vessel, live-aboard

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 143

    Amendment No. 01 (for drafter's use only)





  1  vessel, or houseboat, as defined in chapter 327, the career

  2  offender shall also provide to the Department of Highway

  3  Safety and Motor Vehicles the hull identification number; the

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

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

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

  7  live-aboard vessel, or houseboat.

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

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

10  license or identification card as required by this section.

11         3.  Provide, upon request, any additional information

12  necessary to confirm the identity of the career offender,

13  including a set of fingerprints.

14         (d)  Each time a career offender's driver's license or

15  identification card is subject to renewal, and within 48 hours

16  after any change of the career offender's residence or change

17  in the career offender's name by reason of marriage or other

18  legal process, the career offender must report in person to a

19  driver's license office, and shall be subject to the

20  requirements specified in paragraph (c). The Department of

21  Highway Safety and Motor Vehicles shall forward to the

22  department and to the Department of Corrections all

23  photographs and information provided by career offenders.

24  Notwithstanding the restrictions set forth in s. 322.142, the

25  Department of Highway Safety and Motor Vehicles may release a

26  reproduction of a color-photograph or digital-image license to

27  the department for purposes of public notification of career

28  offenders as provided in this section.

29         (e)  If the career offender registers at an office of

30  the department, the department must notify the sheriff and, if

31  applicable, the police chief of the municipality, where the

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 143

    Amendment No. 01 (for drafter's use only)





  1  career offender maintains a residence within 48 hours after

  2  the career offender registers with the department.

  3         (f)  A career offender who intends to establish

  4  residence in another state or jurisdiction other than the

  5  state of Florida shall report in person to the sheriff of the

  6  county of current residence or the department within 48 hours

  7  before the date he or she intends to leave this state to

  8  establish residence in another state or jurisdiction other

  9  than the state of Florida.  If under the supervision of the

10  Department of Corrections, the career offender shall notify

11  the supervising probation officer of his or her intent to

12  transfer supervision, satisfy all transfer requirements

13  pursuant to the Interstate Compact for Supervision of Adult

14  Offenders, as provided in s. 949.07, and abide by the decision

15  of the receiving jurisdiction to accept or deny transfer.  The

16  career offender must provide to the sheriff or department the

17  address, municipality, county, and state of intended

18  residence. The sheriff shall promptly provide to the

19  department the information received from the career offender.

20  The failure of a career offender to provide his or her

21  intended place of residence is punishable as provided in

22  subsection (9).

23         (g)  A career offender who indicates his or her intent

24  to reside in a state or jurisdiction other than the state of

25  Florida and later decides to remain in this state shall,

26  within 48 hours after the date upon which the career offender

27  indicated he or she would leave this state, report in person

28  to the sheriff or the department, whichever agency is the

29  agency to which the career offender reported the intended

30  change of residence, of his or her intent to remain in this

31  state. If the sheriff is notified by the career offender that

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 143

    Amendment No. 01 (for drafter's use only)





  1  he or she intends to remain in this state, the sheriff shall

  2  promptly report this information to the department. A career

  3  offender who reports his or her intent to reside in a state or

  4  jurisdiction other than the state of Florida, but who remains

  5  in this state without reporting to the sheriff or the

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

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

  8  775.082, s. 775.083, or s. 775.084.

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

10  access to the current information regarding each registered

11  career offender. The department must maintain hotline access

12  so that state, local, and federal law enforcement agencies may

13  obtain instantaneous locator file and criminal characteristics

14  information on release and registration of career offenders

15  for purposes of monitoring, tracking, and prosecution. The

16  photograph and fingerprints need not be stored in a

17  computerized format.

18         2.  The department's career offender registration list,

19  containing the information described in subparagraph (a)1., is

20  a public record. The department may disseminate this public

21  information by any means deemed appropriate, including

22  operating a toll-free telephone number for this purpose. When

23  the department provides information regarding a career

24  offender to the public, department personnel must advise the

25  person making the inquiry that positive identification of a

26  person believed to be a career offender cannot be established

27  unless a fingerprint comparison is made, and that it is

28  illegal to use public information regarding a career offender

29  to facilitate the commission of a crime.

30         3.  The department shall adopt guidelines as necessary

31  regarding the registration of a career offender and the

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 143

    Amendment No. 01 (for drafter's use only)





  1  dissemination of information regarding a career offender as

  2  required by this section.

  3         (i)  A career offender must maintain registration with

  4  the department for the duration of his or her life, unless the

  5  career offender has received a full pardon or has had a

  6  conviction set aside in a postconviction proceeding for any

  7  offense that meets the criteria for classifying the person as

  8  a career offender for purposes of registration. However, a

  9  registered career offender who has been lawfully released from

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

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

12  misdemeanor offense since release may petition the criminal

13  division of the circuit court of the circuit in which the

14  registered career offender resides for the purpose of removing

15  the requirement for registration as a career offender. The

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

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

18  arrested for any crime since release and the court is

19  otherwise satisfied that the registered career offender is not

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

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

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

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

24  in opposition to the requested relief or may otherwise

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

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

27  at which the registered career offender may again petition the

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

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

30  classification as a career offender for purposes of

31  registration if the person provides to the department a

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 143

    Amendment No. 01 (for drafter's use only)





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

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

  3  the requirements for registration as a career offender.

  4         (7)  COMMUNITY AND PUBLIC NOTIFICATION.--

  5         (a)  Law enforcement agencies may inform the community

  6  and the public of the presence of a career offender in the

  7  community. Upon notification of the presence of a career

  8  offender, the sheriff of the county or the chief of police of

  9  the municipality where the career offender establishes or

10  maintains a permanent or temporary residence may notify the

11  community and the public of the presence of the career

12  offender in a manner deemed appropriate by the sheriff or the

13  chief of police.

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

15  community and public-notification efforts with the department.

16  Statewide notification to the public is authorized, as deemed

17  appropriate by local law enforcement personnel and the

18  department.

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

20  Highway Safety and Motor Vehicles, the Department of

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

22  personnel of those departments; an elected or appointed

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

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

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

26  immune from civil liability for damages for good-faith

27  compliance with the requirements of this section or for the

28  release of information under this section and shall be

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

30  reporting, or releasing the information. The presumption of

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

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 143

    Amendment No. 01 (for drafter's use only)





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

  2  Motor Vehicles, the Department of Corrections, the personnel

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

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

  5  in compiling or providing information, or if information is

  6  incomplete or incorrect because a career offender fails to

  7  report or falsely reports his or her current place of

  8  permanent or temporary residence.

  9         (9)  PENALTIES.--

10         (a)  Except as otherwise specifically provided, a

11  career offender who fails to register; who fails, after

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

13  license or identification card; who fails to provide required

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

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

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

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

18  s. 775.084.

19         (b)  Any person who misuses public records information

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

21  career offender, as defined in s. 944.608 or s. 944.609, to

22  secure a payment from such career offender; who knowingly

23  distributes or publishes false information concerning such a

24  career offender which the person misrepresents as being public

25  records information; or who materially alters public records

26  information with the intent to misrepresent the information,

27  including documents, summaries of public records information

28  provided by law enforcement agencies, or public records

29  information displayed by law enforcement agencies on websites

30  or provided through other means of communication, commits a

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

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 143

    Amendment No. 01 (for drafter's use only)





  1  775.082 or s. 775.083.

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

  3  offender who commits any act or omission in violation of this

  4  section, s. 944.608, or s. 944.609 may be prosecuted for the

  5  act or omission in the county in which the act or omission was

  6  committed, the county of the last registered address of the

  7  career offender, the county in which the conviction occurred

  8  for the offense or offenses that meet the criteria for

  9  designating a person as a career offender, or in the county in

10  which he or she was designated a career offender.

11         Section 4.  Section 944.608, Florida Statutes, is

12  created to read:

13         944.608  Notification to Department of Law Enforcement

14  of information on career offenders.--

15         (1)  As used in this section, the term "career

16  offender" means a person who is in the custody or control of,

17  or under the supervision of, the department or is in the

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

19  correctional facility, and who is designated as a habitual

20  violent felony offender, a violent career criminal, or a

21  three-time violent felony offender under s. 775.084 or as a

22  prison releasee reoffender under s. 775.082(9).

23         (2)  If a career offender is not sentenced to a term of

24  imprisonment, the clerk of the court shall ensure that the

25  career offender's fingerprints are taken and forwarded to the

26  Department of Law Enforcement within 48 hours after the court

27  sentences the career offender. The fingerprint card shall be

28  clearly marked "Career Offender Registration Card."

29         (3)  A career offender who is under the supervision of

30  the department but is not incarcerated must register with the

31  department and provide his or her name; date of birth; social

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 143

    Amendment No. 01 (for drafter's use only)





  1  security number; race; gender; height; weight; hair and eye

  2  color; tattoos or other identifying marks; and permanent or

  3  legal residence and address of temporary residence within the

  4  state or out of state while the career offender is under

  5  supervision in this state, including any rural route address

  6  or post office box. The department shall verify the address of

  7  each career offender.

  8         (4)  In addition to notification and transmittal

  9  requirements imposed by any other provision of law, the

10  department shall compile information on any career offender

11  and provide the information to the Department of Law

12  Enforcement. The information shall be made available

13  electronically to the Department of Law Enforcement as soon as

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

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

16  Florida Crime Information Center.

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

18  Enforcement must include:

19         (a)  The information obtained from the career offender

20  under subsection (3);

21         (b)  The career offender's most current address and

22  place of permanent and temporary residence within the state or

23  out of state while the career offender is under supervision in

24  this state, including the name of the county or municipality

25  in which the career offender permanently or temporarily

26  resides and, if known, the intended place of permanent or

27  temporary residence upon satisfaction of all sanctions;

28         (c)  The legal status of the career offender and the

29  scheduled termination date of that legal status;

30         (d)  The location of, and local telephone number for,

31  any Department of Corrections' office that is responsible for

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 143

    Amendment No. 01 (for drafter's use only)





  1  supervising the career offender; and

  2         (e)  A digitized photograph of the career offender,

  3  which must have been taken within 60 days before the career

  4  offender is released from the custody of the department or a

  5  private correctional facility or within 60 days after the

  6  onset of the department's supervision of any career offender

  7  who is on probation, community control, conditional release,

  8  parole, provisional release, or control release. If the career

  9  offender is in the custody or control of, or under the

10  supervision of, a private correctional facility, the facility

11  shall take a digitized photograph of the career offender

12  within the time period provided in this paragraph and shall

13  provide the photograph to the department.

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

15  Law Enforcement if the career offender escapes, absconds, or

16  dies while in the custody or control of, or under the

17  supervision of, the department.

18         (b)  If any information provided by the department

19  changes during the time the career offender is under the

20  department's custody, control, or supervision, including any

21  change in the career offender's name by reason of marriage or

22  other legal process, the department shall, in a timely manner,

23  update the information and provide it to the Department of Law

24  Enforcement in the manner prescribed in subsection (4).

25         (7)  A career offender who is under the supervision of

26  the department but who is not incarcerated shall, in addition

27  to the registration requirements provided in subsection (3),

28  register in the manner provided in s. 775.261(4)(c), unless

29  the career offender is a sexual predator, in which case he or

30  she shall register as required under s. 775.21, or is a sexual

31  offender, in which case he or she shall register as required

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 143

    Amendment No. 01 (for drafter's use only)





  1  in s. 944.607. A career offender who fails to comply with the

  2  requirements of s. 775.261(4) is subject to the penalties

  3  provided in s. 775.261(9).

  4         (8)  The failure of a career offender to submit to the

  5  taking of a digitized photograph, or to otherwise comply with

  6  the requirements of this section, is a felony of the third

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

  8  s. 775.084.

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

10  and Motor Vehicles, the Department of Law Enforcement,

11  personnel of those departments, and any individual or entity

12  acting at the request or upon the direction of those

13  departments are immune from civil liability for damages for

14  good-faith compliance with this section, and shall be presumed

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

16  reporting, or providing information. The presumption of good

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

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

19  Vehicles, the Department of Law Enforcement, personnel of

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

21  request or upon the direction of those departments in

22  compiling, recording, reporting, or providing information, or,

23  if the information is incomplete or incorrect because the

24  information has not been provided by a person or agency

25  required to provide the information, or because the

26  information was not reported or was falsely reported.

27         Section 5.  Section 944.609, Florida Statutes, is

28  created to read:

29         944.609  Career offenders; notification upon release.--

30         (1)  As used in this section, the term "career

31  offender" means a person who is in the custody or control of,

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 143

    Amendment No. 01 (for drafter's use only)





  1  or under the supervision of, the department or is in the

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

  3  correctional facility, who is designated as a habitual violent

  4  felony offender, a violent career criminal, or a three-time

  5  violent felony offender under s. 775.084 or as a prison

  6  releasee reoffender under s. 775.082(9).

  7         (2)  The Legislature finds that certain career

  8  offenders, by virtue of their histories of offenses, present a

  9  threat to the public and to communities. The Legislature finds

10  that requiring these career offenders to register for the

11  purpose of tracking the career offenders and providing for

12  notifying the public and a community of the presence of a

13  career offender are important aids to law enforcement

14  agencies, the public, and communities if the career offender

15  engages again in criminal conduct. Registration is intended to

16  aid law enforcement agencies in timely apprehending a career

17  offender. Registration is not a punishment, but merely a

18  status. Notification to the public and communities of the

19  presence of a career offender aids the public and communities

20  in avoiding being victimized by the career offender. The

21  Legislature intends to require the registration of career

22  offenders and to authorize law enforcement agencies to notify

23  the public and communities of the presence of a career

24  offender.

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

26  regarding any career offender who is being released after

27  serving a period of incarceration for any offense, as follows:

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

29  name, any change in the career offender's name by reason of

30  marriage or other legal process, and any alias, if known; the

31  correctional facility from which the career offender is

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 143

    Amendment No. 01 (for drafter's use only)





  1  released; the career offender's social security number, race,

  2  gender, date of birth, height, weight, and hair and eye color;

  3  date and county of sentence and each crime for which the

  4  career offender was sentenced; a copy of the career offender's

  5  fingerprints and a digitized photograph taken within 60 days

  6  before release; the date of release of the career offender;

  7  and the career offender's intended residence address, if

  8  known. The department shall notify the Department of Law

  9  Enforcement if the career offender escapes, absconds, or dies.

10  If the career offender is in the custody of a private

11  correctional facility, the facility shall take the digitized

12  photograph of the career offender within 60 days before the

13  career offender's release and provide this photograph to the

14  Department of Corrections and also place it in the career

15  offender's file. If the career offender is in the custody of a

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

17  Department of Law Enforcement of the career offender's release

18  and provide to the Department of Law Enforcement the

19  information specified in this paragraph and any information

20  specified in subparagraph 2. which the Department of Law

21  Enforcement requests.

22         2.  The department may provide any other information

23  deemed necessary, including criminal and corrections records

24  and nonprivileged personnel and treatment records, when

25  available.

26         (b)  The department must provide the information

27  described in subparagraph (a)1. to:

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

29  was sentenced;

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

31  police chief of the municipality, where the career offender

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 143

    Amendment No. 01 (for drafter's use only)





  1  plans to reside;

  2         3.  The Department of Law Enforcement;

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

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

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

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

  7  kin if the victim is a homicide victim; and

  8         5.  Any person who requests such information,

  9

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

11  offender or as soon as possible if a career offender is

12  released earlier than anticipated. All such information

13  provided to the Department of Law Enforcement must be

14  available electronically as soon as the information is in the

15  agency's database and must be in a format that is compatible

16  with the requirements of the Florida Crime Information Center.

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

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

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

20  was sentenced; and

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

22  police chief of the municipality, where the career offender

23  plans to reside,

24

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

26  offender or as soon as possible if a career offender is

27  released earlier than anticipated.

28         (d)  Upon receiving information regarding a career

29  offender from the department, the Department of Law

30  Enforcement, the sheriff, or the chief of police shall provide

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

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 143

    Amendment No. 01 (for drafter's use only)





  1  individual who requests such information and may release the

  2  information to the public in any manner deemed appropriate,

  3  unless the information is confidential or exempt from s.

  4  119.07(1) and s. 24(a), Art. I of the State Constitution.

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

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

  7  presence in the community. However, with respect to a career

  8  offender who has been found to be a sexual predator under s.

  9  775.21, the Department of Law Enforcement or any other law

10  enforcement agency must inform the community and the public of

11  the career offender's presence in the community, as provided

12  in s. 775.21.

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

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

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

16  law enforcement agency, is immune from civil liability for

17  damages resulting from the release of information under this

18  section.

19         Section 6.  This act shall take effect October 1, 2003.

20

21

22  ================ T I T L E   A M E N D M E N T ===============

23  And the title is amended as follows:

24         On page 1, line 2,

25  remove:  entire title

26

27  and insert:

28         An act relating to career offenders; amending

29         s. 775.13, F.S.; exempting a career offender

30         from the requirement to register as a convicted

31         felon; creating s. 775.26, F.S.; providing

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 143

    Amendment No. 01 (for drafter's use only)





  1         legislative findings and intent with respect to

  2         the registration of career offenders and public

  3         notification of the presence of career

  4         offenders; creating s. 775.261, F.S.; creating

  5         the Florida Career Offender Registration Act;

  6         providing definitions; requiring a criminal who

  7         is classified as a career offender and who is

  8         released on or after a specified date to

  9         register with the Department of Law

10         Enforcement; providing an exception for an

11         offender who registers as a sexual predator or

12         sexual offender; providing procedures for

13         registration; requiring that a photograph and

14         fingerprints be taken of a career offender;

15         providing procedures for notifying the

16         Department of Law Enforcement if a career

17         offender intends to establish residence in

18         another state or jurisdiction; requiring the

19         Department of Law Enforcement to provide for

20         computer access to information on career

21         offenders; providing that the registration list

22         is a public record; providing a procedure by

23         which a registered career offender may petition

24         the court to remove the requirement that he or

25         she maintain registration; authorizing law

26         enforcement agencies to notify the public of

27         the presence of a career offender; providing

28         that specified state agencies and employees are

29         immune from liability for good-faith compliance

30         with the requirements of the act; providing

31         penalties; specifying venues for prosecuting a

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 143

    Amendment No. 01 (for drafter's use only)





  1         violation of the act; creating s. 944.608,

  2         F.S.; requiring a career offender who is not

  3         sentenced to a term of imprisonment or who is

  4         under the supervision of the Department of

  5         Corrections to register with the Department of

  6         Law Enforcement; providing procedures for

  7         registration; providing penalties; providing

  8         that specified state agencies and certain

  9         employees are immune from liability for

10         good-faith compliance with the requirements of

11         the act; creating s. 944.609, F.S.; requiring

12         the Department of Corrections to provide

13         information concerning a career offender to the

14         sheriff, police chief, Department of Law

15         Enforcement, and victim, if requested, before

16         the career offender is released from

17         incarceration; authorizing the Department of

18         Corrections or any law enforcement agency to

19         notify the public of the presence of a career

20         offender; providing for immunity from liability

21         for good-faith compliance with the requirements

22         of the act; providing an effective date.

23

24

25

26

27

28

29

30

31

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