House Bill hb0143

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    Florida House of Representatives - 2002                 HB 143

        By Representative Bowen






  1                      A bill to be entitled

  2         An act relating to career criminals; defining

  3         the term "career criminal" for purposes of the

  4         act; requiring that an offender who is

  5         convicted as a habitual felony offender, a

  6         habitual violent felony offender, a violent

  7         career criminal, a three-time violent felony

  8         offender, or a prison releasee reoffender

  9         register with the sheriff of the county in

10         which the offender resides; specifying the

11         information to be provided to the sheriff;

12         providing for the registration of a career

13         criminal who is in the custody or control of,

14         or under the supervision of, the Department of

15         Corrections; providing for the registration of

16         a career criminal who is in the custody of a

17         local jail; requiring that a career criminal

18         register within a specified period with the

19         sheriff following the establishment of

20         permanent or temporary residence in the state;

21         requiring that the career criminal also

22         register in person at a driver's license office

23         of the Department of Highway Safety and Motor

24         Vehicles; requiring the sheriff to notify the

25         state attorney of the county and the police

26         chief of the municipality where the career

27         criminal maintains a residence; requiring that

28         the career criminal notify the sheriff before

29         he or she establishes residence in another

30         state; providing a penalty for providing false

31         location information; requiring that the

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    Florida House of Representatives - 2002                 HB 143

    753-105A-02






  1         sheriff maintain information concerning career

  2         criminals; providing that information

  3         concerning career criminals is a public record;

  4         authorizing the sheriff to disseminate such

  5         information; providing a penalty for failure to

  6         register as required, maintain such

  7         registration, provide location information, or

  8         comply with certain requirements; providing an

  9         effective date.

10

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

12

13         Section 1.  Registration of career criminals;

14  penalty.--

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

16  criminal" means any offender who is convicted as a habitual

17  felony offender, a habitual violent felony offender, a violent

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

19  775.084, Florida Statutes, or a prison releasee reoffender

20  under s. 775.082(9), Florida Statutes.

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

22  been designated as a sexual predator under s. 775.21, Florida

23  Statutes, or who is required to register as a sexual offender

24  under s. 943.0435 or s. 944.607, Florida Statutes.

25         (3)  Each career criminal in this state shall register

26  with the sheriff of the county in which the career criminal

27  resides by providing the following information to the sheriff:

28         (a)  Name, social security number, age, race, sex, date

29  of birth, height, weight, hair and eye color, photograph,

30  address of legal residence and address of any current

31  temporary residence, within the state or out of state,

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    Florida House of Representatives - 2002                 HB 143

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

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

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

  4  committed by the offender. A post office box may not be

  5  provided in lieu of a physical residential address. If the

  6  place of residence of the career criminal is a motor vehicle,

  7  trailer, mobile home, or manufactured home, as defined in

  8  chapter 320, Florida Statutes, the career criminal shall also

  9  provide to the sheriff written notice of: the vehicle

10  identification number; the license tag number; the

11  registration number; and a description, including color

12  scheme, of the motor vehicle, trailer, mobile home, or

13  manufactured home. If a career criminal's place of residence

14  is a vessel, live-aboard vessel, or houseboat, as defined in

15  chapter 327, Florida Statutes, the career criminal shall also

16  provide to the sheriff written notice of: the hull

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

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

19  registration number; and a description, including color

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

21         (b)  Any other information determined necessary by the

22  sheriff, including criminal and corrections records,

23  nonprivileged personnel records, and evidentiary genetic

24  markers when available.

25         (4)  If the career criminal is in the custody or

26  control of, or under the supervision of, the Department of

27  Corrections, or is in the custody of a private correctional

28  facility, the career criminal shall register with the sheriff

29  of the county in which the facility is located. The Department

30  of Corrections shall provide to the sheriff registration

31  information and the location of, and local telephone number

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    Florida House of Representatives - 2002                 HB 143

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  1  for, any office of the Department of Corrections which is

  2  responsible for supervising the career criminal. In addition,

  3  the Department of Corrections shall notify the sheriff if the

  4  career criminal escapes or absconds from custody or

  5  supervision or if the career criminal dies.

  6         (5)  If the career criminal is in the custody of a

  7  local jail, the custodian of the local jail shall register the

  8  career criminal and forward the registration information to

  9  the sheriff. The custodian of the local jail shall also take a

10  digitized photograph of the career criminal while the career

11  criminal remains in custody and shall provide the digitized

12  photograph to the sheriff. The custodian shall notify the

13  sheriff if the career criminal escapes from custody or dies.

14         (6)  If the career criminal is under federal

15  supervision, the federal agency responsible for supervising

16  the career criminal may forward to the sheriff any information

17  regarding the career criminal which is consistent with the

18  information provided by the Department of Corrections under

19  this section, and may indicate whether use of the information

20  is restricted to law enforcement purposes only or may be used

21  by the sheriff for purposes of public notification.

22         (7)  If the career criminal is not in the custody or

23  control of, or under the supervision of, the Department of

24  Corrections, or is not in the custody of a private

25  correctional facility, and establishes or maintains a

26  residence in this state, the career criminal shall register in

27  person at the sheriff's office in the county in which the

28  career criminal establishes or maintains a residence, within

29  48 hours after establishing permanent or temporary residence

30  in this state. If a career criminal registers with the

31

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    Florida House of Representatives - 2002                 HB 143

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

  2  set of fingerprints of the career criminal.

  3         (8)  Within 48 hours after the registration required

  4  under subsection (3) or subsection (7), a career criminal who

  5  is not incarcerated and who resides in the community,

  6  including a career criminal under the supervision of the

  7  Department of Corrections, shall register in person at a

  8  driver's license office of the Department of Highway Safety

  9  and Motor Vehicles and shall present proof of registration. At

10  the driver's license office the career criminal shall:

11         (a)  If otherwise qualified, secure a Florida driver's

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

13  identification card. The career criminal shall identify

14  himself or herself as a career criminal who is required to

15  comply with this section, provide the address of his or her

16  place of permanent or temporary residence, including a rural

17  route address or a post office box, and submit to the taking

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

19  license, or identification card and for use by the sheriff in

20  maintaining current records of the career criminal. A post

21  office box may not be provided in lieu of a physical

22  residential address. If the career criminal's place of

23  residence is a motor vehicle, trailer, mobile home, or

24  manufactured home, as defined in chapter 320, Florida

25  Statutes, the career criminal shall also provide to the

26  Department of Highway Safety and Motor Vehicles the vehicle

27  identification number, the license tag number, the

28  registration number, and a description, including color

29  scheme, of the motor vehicle, trailer, mobile home, or

30  manufactured home. If a career criminal's place of residence

31  is a vessel, live-aboard vessel, or houseboat, as defined in

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    Florida House of Representatives - 2002                 HB 143

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  1  chapter 327, Florida Statutes, the career criminal shall also

  2  provide to the Department of Highway Safety and Motor

  3  Vehicles: the hull identification number; the manufacturer's

  4  serial number; the name of the vessel, live-aboard vessel, or

  5  houseboat; the registration number; and a description,

  6  including color scheme, of the vessel, live-aboard vessel, or

  7  houseboat.

  8         (b)  Pay the costs assessed by the Department of

  9  Highway Safety and Motor Vehicles for issuing or renewing a

10  driver's license or identification card as required by this

11  section.

12         (c)  Provide, upon request, any additional information

13  necessary to confirm the identity of the career criminal,

14  including a set of fingerprints.

15         (9)  Each time a career criminal's driver's license or

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

17  after any change of the career criminal's residence or change

18  in the career criminal's name by reason of marriage or other

19  legal process, the career criminal shall report in person to a

20  driver's license office and is subject to the requirements

21  specified in subsection (8). The Department of Highway Safety

22  and Motor Vehicles shall forward to the sheriff and to the

23  Department of Corrections all photographs and information

24  provided by career criminals. Notwithstanding the restrictions

25  set forth in s. 322.142, Florida Statutes, the Department of

26  Highway Safety and Motor Vehicles may release a reproduction

27  of a color photographic or digital imaged license to the

28  sheriff for purposes of public notification concerning career

29  criminals.

30         (10)  If a career criminal registers with the sheriff,

31  the sheriff shall, within 48 hours, notify the state attorney

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    Florida House of Representatives - 2002                 HB 143

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  1  of the county and, if applicable, the police chief of the

  2  municipality where the career criminal maintains a residence.

  3         (11)  A career criminal who intends to establish

  4  residence in another state or jurisdiction shall report in

  5  person to the sheriff of the county of current residence

  6  within 48 hours before the date he or she intends to leave

  7  this state to establish residence in another state or

  8  jurisdiction. The career criminal shall provide to the sheriff

  9  the address, municipality, county, and state of intended

10  residence. The sheriff shall notify the statewide law

11  enforcement agency, or a comparable agency, in the intended

12  state or jurisdiction of residence of the career criminal's

13  intended residence. The failure of a career criminal to

14  provide his or her intended place of residence is punishable

15  as provided in subsection (14).

16         (12)  A career criminal who indicates his or her intent

17  to reside in another state or jurisdiction and later decides

18  to remain in this state shall, within 48 hours after the date

19  upon which the career criminal indicated he or she would leave

20  this state, report in person to the sheriff of the county of

21  current residence his or her intent to remain in this state. A

22  career criminal who reports his or her intent to reside in

23  another state or jurisdiction, but who remains in this state

24  without reporting to the sheriff in the manner required by

25  this subsection, commits a felony of the second degree,

26  punishable as provided in s. 775.082, s. 775.083, or s.

27  775.084, Florida Statutes.

28         (13)  The sheriff's registration list of career

29  criminals is a public record. The sheriff may disseminate this

30  public information by any means considered appropriate,

31  including operating a toll-free telephone number for this

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    Florida House of Representatives - 2002                 HB 143

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  1  purpose. When the sheriff provides information regarding a

  2  registered career criminal to the public, the sheriff shall

  3  advise the person making the inquiry that positive

  4  identification of a person believed to be a career criminal

  5  cannot be established unless a fingerprint comparison is made.

  6         (14)  Except as otherwise specifically provided in this

  7  section, a career criminal who fails to register; fails, after

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

  9  license or identification card; fails to provide required

10  location information or change-of-name information; or

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

12  requirements of this section commits a felony of the third

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

14  s. 775.084, Florida Statutes.

15         Section 2.  This act shall take effect October 1, 2002.

16

17            *****************************************

18                          HOUSE SUMMARY

19
      Provides that an offender convicted as a habitual felony
20    offender, a habitual violent felony offender, a violent
      career criminal, a three-time violent felony offender, or
21    a prison releasee reoffender is a career criminal, and
      requires such offender to register with the sheriff of
22    the county in which the offender resides. Requires each
      local sheriff to provide for the registration of career
23    criminals who are in the custody or control of, or under
      the supervision of, the Department of Corrections.
24    Requires that a career criminal also register in person
      at a driver's license office of the Department of Highway
25    Safety and Motor Vehicles. Requires the sheriff to notify
      the state attorney of the county and the police chief of
26    the municipality where the career criminal maintains a
      residence. Provides a second degree felony penalty for
27    reporting false location information. Specifies that
      information concerning a career criminal is a public
28    record and authorizes the sheriff to disseminate such
      information. Provides a third degree felony penalty for
29    failing to register as required, maintain such
      registration, provide location information, or comply
30    with specified requirements.  See bill for details.

31

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