House Bill hb0143c1
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Florida House of Representatives - 2002 CS/HB 143
By the Council for Healthy Communities and Representatives
Bowen, Bean, Spratt, Kravitz, Clarke, Murman, Green and Kilmer
1 A bill to be entitled
2 An act relating to career offenders; amending
3 s. 775.13, F.S.; exempting a career offender
4 from the requirement to register as a convicted
5 felon; creating s. 775.26, F.S.; providing
6 legislative findings and intent with respect to
7 the registration of career offenders and public
8 notification of the presence of career
9 offenders; creating s. 775.261, F.S.; creating
10 the Florida Career Offender Registration Act;
11 providing definitions; requiring a criminal who
12 is classified as a career offender and who is
13 released on or after a specified date to
14 register with the Department of Law
15 Enforcement; providing an exception for an
16 offender who registers as a sexual predator or
17 sexual offender; providing procedures for
18 registration; requiring that a photograph and
19 fingerprints be taken of a career offender;
20 providing procedures for notifying the
21 Department of Law Enforcement if a career
22 offender intends to establish residence in
23 another state or jurisdiction; requiring the
24 Department of Law Enforcement to provide for
25 computer access to information on career
26 offenders; providing that the registration list
27 is a public record; providing a procedure by
28 which a registered career offender may petition
29 the court to remove the requirement that he or
30 she maintain registration; authorizing law
31 enforcement agencies to notify the public of
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1 the presence of a career offender; requiring
2 address verification for career offenders;
3 providing that specified state agencies and
4 employees are immune from liability for good
5 faith compliance with the requirements of the
6 act; providing penalties; specifying venues for
7 prosecuting a violation of the act; creating s.
8 944.608, F.S.; providing a definition;
9 requiring a career offender who is not
10 sentenced to a term of imprisonment or who is
11 under the supervision of the Department of
12 Corrections to register with the Department of
13 Law Enforcement; providing procedures for
14 registration; providing penalties; providing
15 that specified state agencies and certain
16 employees are immune from liability for good
17 faith compliance with the requirements of the
18 act; creating s. 944.609, F.S.; providing a
19 definition; providing legislative findings and
20 intent; requiring the Department of Corrections
21 to provide information concerning a career
22 offender to the sheriff, chief of police,
23 Department of Law Enforcement, and victim, if
24 requested, before the career offender is
25 released from incarceration; authorizing the
26 Department of Corrections or any law
27 enforcement agency to notify the public of the
28 presence of a career offender; providing for
29 immunity from liability for good faith
30 compliance with the requirements of the act;
31 providing a contingent effective date.
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1 Be It Enacted by the Legislature of the State of Florida:
2
3 Section 1. Subsection (5) of section 775.13, Florida
4 Statutes, is amended to read:
5 775.13 Registration of convicted felons, exemptions;
6 penalties.--
7 (5) This section does not apply to an offender:
8 (a) Who has had his or her civil rights restored;
9 (b) Who has received a full pardon for the offense for
10 which convicted;
11 (c) Who has been lawfully released from incarceration
12 or other sentence or supervision for a felony conviction for
13 more than 5 years prior to such time for registration, unless
14 the offender is a fugitive from justice on a felony charge or
15 has been convicted of any offense since release from such
16 incarceration or other sentence or supervision;
17 (d) Who is a parolee or probationer under the
18 supervision of the United States Parole Commission if the
19 commission knows of and consents to the presence of the
20 offender in Florida or is a probationer under the supervision
21 of any federal probation officer in the state or who has been
22 lawfully discharged from such parole or probation;
23 (e) Who is a sexual predator and has registered as
24 required under s. 775.21; or
25 (f) Who is a sexual offender and has registered as
26 required in s. 943.0435 or s. 944.607; or
27 (g) Who is a career offender and has registered as
28 required in s. 775.261 or s. 944.609.
29 Section 2. Section 775.26, Florida Statutes, is
30 created to read:
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1 775.26 Registration of career offenders; public
2 notification; legislative findings and intent.--The
3 Legislature finds that certain career offenders, by virtue of
4 their histories of offenses, present a threat to the public
5 and to communities. The Legislature finds that requiring these
6 career offenders to register for the purpose of tracking these
7 career offenders and that providing for notifying the public
8 and a community of the presence of a career offender are
9 important aids to law enforcement agencies, the public, and
10 communities if a career offender engages again in criminal
11 conduct. Registration is intended to aid law enforcement
12 agencies in timely apprehending a career offender.
13 Registration is not a punishment, but merely a status.
14 Notification to the public and communities of the presence of
15 a career offender aids the public and communities in avoiding
16 being victimized by a career offender. The Legislature intends
17 to require the registration of career offenders and to
18 authorize law enforcement agencies to notify the public and
19 communities of the presence of a career offender.
20 Section 3. Section 775.261, Florida Statutes, is
21 created to read:
22 775.261 The Florida Career Offender Registration Act;
23 definitions; criteria; designation; registration; community
24 notification; immunity; penalties.--
25 (1) SHORT TITLE.--This section may be cited as the
26 "Florida Career Offender Registration Act."
27 (2) DEFINITIONS.--As used in this section, the term:
28 (a) "Career offender" means any person who is
29 designated as a habitual violent felony offender, a violent
30 career criminal, or a three-time violent felony offender under
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1 s. 775.084 or as a prison releasee reoffender under s.
2 775.082(9).
3 (b) "Chief of police" means the chief law enforcement
4 officer of a municipality.
5 (c) "Community" means any county where the career
6 offender lives or otherwise establishes or maintains a
7 temporary or permanent residence.
8 (d) "Department" means the Department of Law
9 Enforcement.
10 (e) "Entering the county" includes being discharged
11 from a correctional facility, jail, or secure treatment
12 facility within the county or being under supervision within
13 the county with a career-offender designation as specified in
14 paragraph (a).
15 (f) "Permanent residence" means a place where the
16 career offender abides, lodges, or resides for 14 or more
17 consecutive days.
18 (g) "Temporary residence" means:
19 1. A place where the career offender abides, lodges,
20 or resides for a period of 14 or more days in the aggregate
21 during any calendar year and that is not the career offender's
22 permanent address;
23 2. For a career offender whose permanent residence is
24 not in this state, a place where the career offender is
25 employed, practices a vocation, or is enrolled as a student
26 for any period of time in this state; or
27 3. A place where the career offender routinely abides,
28 lodges, or resides for a period of 4 or more consecutive or
29 nonconsecutive days in any month and that is not the career
30 offender's permanent residence, including any out-of-state
31 address.
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1 (3) CRITERIA FOR REGISTRATION AS A CAREER OFFENDER.--
2 (a) A career offender released on or after January 1,
3 2003, from a sanction imposed in this state for a designation
4 as a habitual violent felony offender, a violent career
5 criminal, or a three-time violent felony offender under s.
6 775.084 or as a prison releasee reoffender under s. 775.082(9)
7 must register as required under subsection (4) and is subject
8 to community and public notification as provided under
9 subsection (5). For purposes of this section, a sanction
10 imposed in this state includes, but is not limited to, a fine,
11 probation, community control, parole, conditional release,
12 control release, or incarceration in a state prison, private
13 correctional facility, or local detention facility, and:
14 1. The career offender has not received a pardon for
15 any felony or other qualified offense that is necessary for
16 the operation of this paragraph; or
17 2. A conviction of a felony or other qualified offense
18 necessary to the operation of this paragraph has not been set
19 aside in any postconviction proceeding.
20 (b) This section shall not apply to any person who has
21 been designated as a sexual predator and required to register
22 under s. 775.21 or who is required to register as a sexual
23 offender under s. 943.0435 or s. 944.607. However, if a person
24 is no longer required to register as a sexual predator under
25 s. 775.21 or as a sexual offender under s. 943.0435 or s.
26 944.607, the person must register as a career offender under
27 this section if the person is otherwise designated as a career
28 offender as provided in this section.
29 (c) A person subject to registration as a career
30 offender is not subject to registration as a convicted felon
31 under s. 775.13. However, if the person is no longer required
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1 to register as a career offender under this section, the
2 person must register under s. 775.13 if required to do so
3 under that section.
4 (d) If a career offender is not sentenced to a term of
5 imprisonment, the clerk of the court shall ensure that the
6 career offender's fingerprints are taken and forwarded to the
7 department within 48 hours after the court renders its finding
8 that an offender is a career offender. The fingerprint card
9 shall be clearly marked, "Career Offender Registration Card."
10 (4) REGISTRATION.--
11 (a) A career offender must register with the
12 department by providing the following information to the
13 department, or to the sheriff's office in the county in which
14 the career offender establishes or maintains a permanent or
15 temporary residence, within 2 working days after establishing
16 permanent or temporary residence in this state or within 2
17 working days after being released from the custody, control,
18 or supervision of the Department of Corrections or from the
19 custody of a private correctional facility:
20 1. Name, social security number, age, race, gender,
21 date of birth, height, weight, hair and eye color, photograph,
22 address of legal residence and address of any current
23 temporary residence within the state or out of state,
24 including a rural route address or a post office box, date and
25 place of any employment, date and place of each conviction,
26 fingerprints, and a brief description of the crime or crimes
27 committed by the career offender. A career offender may not
28 provide a post office box in lieu of a physical residential
29 address. If the career offender's place of residence is a
30 motor vehicle, trailer, mobile home, or manufactured home as
31 defined in chapter 320, the career offender shall also provide
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1 to the department written notice of the vehicle identification
2 number, the license tag number, the registration number, and a
3 description, including color scheme, of the motor vehicle,
4 trailer, mobile home, or manufactured home. If a career
5 offender's place of residence is a vessel, live-aboard vessel,
6 or houseboat as defined in chapter 327, the career offender
7 shall also provide to the department written notice of the
8 hull identification number, the manufacturer's serial number,
9 the name, the registration number, and a description,
10 including color scheme, of the vessel, live-aboard vessel, or
11 houseboat.
12 2. Any other information determined necessary by the
13 department, including criminal and corrections records,
14 nonprivileged personnel and treatment records, and evidentiary
15 genetic markers when available.
16 (b) If a career offender registers with the sheriff's
17 office, the sheriff shall take a photograph and a set of
18 fingerprints of the career offender and forward the
19 photographs and fingerprints to the department, along with the
20 information that the career offender is required to provide
21 pursuant to this section.
22 (c) Within 2 working days after the registration
23 required under paragraph (a), a career offender who is not
24 incarcerated and who resides in the community, including a
25 career offender under the supervision of the Department of
26 Corrections pursuant to s. 944.608, shall register in person
27 at a driver's license office of the Department of Highway
28 Safety and Motor Vehicles and shall present proof of
29 registration. At the driver's license office, the career
30 offender shall:
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1 1. If otherwise qualified, secure a Florida driver's
2 license, renew a Florida driver's license, or secure an
3 identification card. The career offender shall identify
4 himself or herself as a career offender who is required to
5 comply with this section, provide his or her place of
6 permanent or temporary residence, including a rural route
7 address or a post office box, and submit to the taking of a
8 photograph for use in issuing a driver's license, renewed
9 license, or identification card and for use by the department
10 in maintaining current records of career offenders. The career
11 offender may not provide a post office box in lieu of a
12 physical residential address. If the career offender's place
13 of residence is a motor vehicle, trailer, mobile home, or
14 manufactured home as defined in chapter 320, the career
15 offender shall also provide to the Department of Highway
16 Safety and Motor Vehicles the vehicle identification number,
17 the license tag number, the motor vehicle registration number,
18 and a description, including color scheme, of the motor
19 vehicle, trailer, mobile home, or manufactured home. If a
20 career offender's place of residence is a vessel, live-aboard
21 vessel, or houseboat as defined in chapter 327, the career
22 offender shall also provide to the Department of Highway
23 Safety and Motor Vehicles the hull identification number, the
24 manufacturer's serial number, the name, the registration
25 number, and a description, including color scheme, of the
26 vessel, live-aboard vessel, or houseboat.
27 2. Pay the costs assessed by the Department of Highway
28 Safety and Motor Vehicles for issuing or renewing a driver's
29 license or identification card as required by this section.
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1 3. Provide, upon request, any additional information
2 necessary to confirm the identity of the career offender,
3 including a set of fingerprints.
4 (d) Each time a career offender's driver's license or
5 identification card is subject to renewal, and within 2
6 working days after any change of the career offender's
7 residence or change in the career offender's name by reason of
8 marriage or other legal process, the career offender must
9 report in person to a driver's license office and shall be
10 subject to the requirements specified in paragraph (c). The
11 Department of Highway Safety and Motor Vehicles shall forward
12 to the department and to the Department of Corrections all
13 photographs and information provided by career offenders.
14 Notwithstanding the restrictions set forth in s. 322.142, the
15 Department of Highway Safety and Motor Vehicles may release a
16 reproduction of a color-photograph or digital-image license to
17 the department for purposes of public notification of career
18 offenders as provided in this section.
19 (e) If the career offender registers at an office of
20 the department, the department must notify the sheriff of the
21 county, and if applicable, the chief of police of the
22 municipality, where the career offender maintains a residence
23 within 48 hours after the career offender registers with the
24 department.
25 (f) A career offender who intends to establish
26 residence in a state or jurisdiction other than the State of
27 Florida shall report in person to the sheriff of the county of
28 current residence or the department within 2 working days
29 before the date he or she intends to leave this state to
30 establish residence in a state or jurisdiction other than the
31 State of Florida. If the career offender is under the
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1 supervision of the Department of Corrections, the career
2 offender shall notify the supervising probation officer of his
3 or her intent to transfer supervision, satisfy all transfer
4 requirements pursuant to the Interstate Compact for Adult
5 Offender Supervision, as provided in chapter 949, and abide by
6 the decision of the receiving jurisdiction to accept or deny
7 transfer. The career offender must provide to the sheriff or
8 department the address, municipality, county, and state of
9 intended residence. The sheriff shall promptly provide to the
10 department the information received from the career offender.
11 The failure of a career offender to provide his or her
12 intended place of residence is punishable as provided in
13 subsection (8).
14 (g) A career offender who indicates his or her intent
15 to reside in a state or jurisdiction other than the State of
16 Florida and later decides to remain in this state shall,
17 within 2 working days after the date upon which the career
18 offender indicated he or she would leave this state, report in
19 person to the sheriff or the department, whichever agency is
20 the agency to which the career offender reported the intended
21 change of residence, of his or her intent to remain in this
22 state. If the sheriff is notified by the career offender that
23 he or she intends to remain in this state, the sheriff shall
24 promptly report this information to the department. A career
25 offender who reports his or her intent to reside in a state or
26 jurisdiction other than the State of Florida but who remains
27 in this state without reporting to the sheriff or the
28 department in the manner required by this paragraph commits a
29 felony of the second degree, punishable as provided in s.
30 775.082, s. 775.083, or s. 775.084.
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1 (h)1. The department shall maintain on-line computer
2 access to the current information regarding each registered
3 career offender. The department shall maintain hotline access
4 so that state, local, and federal law enforcement agencies may
5 obtain instantaneous locator file and criminal characteristics
6 information on release and registration of career offenders
7 for purposes of monitoring, tracking, and prosecution. The
8 photograph and fingerprints need not be stored in a
9 computerized format.
10 2. The department's career offender registration list
11 containing the information described in subparagraph (a)1. is
12 a public record. The department may disseminate this public
13 information by any means deemed appropriate, including
14 operating a toll-free telephone number for this purpose. When
15 the department provides information regarding a career
16 offender to the public, department personnel must advise the
17 person making the inquiry that positive identification of a
18 person believed to be a career offender cannot be established
19 unless a fingerprint comparison is made and that it is illegal
20 to use public information regarding a career offender to
21 facilitate the commission of a crime.
22 3. The department shall adopt guidelines as necessary
23 regarding the registration of a career offender and the
24 dissemination of information regarding a career offender as
25 required by this section.
26 (i) A career offender must maintain registration with
27 the department for the duration of his or her life unless the
28 career offender has received a full pardon or has had a
29 conviction set aside in a postconviction proceeding for any
30 offense that meets the criteria for classifying the person as
31 a career offender for purposes of registration. However, a
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1 registered career offender who has been lawfully released from
2 confinement, supervision, or sanction, whichever is later, for
3 at least 20 years and has not been arrested for any felony or
4 misdemeanor offense since release may petition the criminal
5 division of the circuit court of the circuit in which the
6 registered career offender resides for the purpose of removing
7 the requirement for registration as a career offender. The
8 court may grant or deny such petition if the registered career
9 offender demonstrates to the court that he or she has not been
10 arrested for any crime since release and the court is
11 otherwise satisfied that the registered career offender is not
12 a current or potential threat to public safety. The state
13 attorney in the circuit in which the petition is filed must be
14 given notice of the petition at least 3 weeks before the
15 hearing on the matter. The state attorney may present evidence
16 in opposition to the petition or may otherwise demonstrate the
17 reasons the petition should be denied. If the court denies the
18 petition, the court may set a future date at which the
19 registered career offender may again petition the court for
20 relief, subject to the standards for relief provided in this
21 paragraph. The department shall remove a person from
22 classification as a career offender for purposes of
23 registration if the person provides to the department a
24 certified copy of the court's written findings or order that
25 indicates that the person is no longer required to comply with
26 the requirements for registration as a career offender.
27 (5) COMMUNITY AND PUBLIC NOTIFICATION.--
28 (a) Law enforcement agencies may inform the community
29 and the public of the presence of a career offender in the
30 community. Upon notification of the presence of a career
31 offender, the sheriff of the county or the chief of police of
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1 the municipality where the career offender establishes or
2 maintains a permanent or temporary residence may notify the
3 community and the public of the presence of the career
4 offender in a manner deemed appropriate by the sheriff or the
5 chief of police.
6 (b) The sheriff or the chief of police may coordinate
7 the community and public notification efforts with the
8 department. Statewide notification to the public is
9 authorized, as deemed appropriate by local law enforcement
10 personnel and the department.
11 (6) VERIFICATION.--The department and the Department
12 of Corrections shall implement a system for verifying the
13 addresses of career offenders. The sheriff of each county
14 shall annually verify the addresses of career offenders who
15 are not under the care, custody, control, or supervision of
16 the Department of Corrections. The sheriff shall promptly
17 provide the address verification information to the department
18 in an electronic format. The address verification information
19 must include the verifying person's name, agency, and phone
20 number, the date of verification, and the method of
21 verification and must specify whether the address information
22 was verified as correct, incorrect, or unconfirmed.
23 (7) IMMUNITY.--The department, the Department of
24 Highway Safety and Motor Vehicles, the Department of
25 Corrections, any law enforcement agency in this state, and the
26 personnel of those departments; an elected or appointed
27 official, public employee, or school administrator; or an
28 employee, agency, or individual or entity acting at the
29 request or upon the direction of any law enforcement agency is
30 immune from civil liability for damages for good faith
31 compliance with the requirements of this section or for the
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1 release of information under this section and shall be
2 presumed to have acted in good faith in compiling, recording,
3 reporting, or releasing the information. The presumption of
4 good faith is not overcome if a technical or clerical error is
5 made by the department, the Department of Highway Safety and
6 Motor Vehicles, the Department of Corrections, the personnel
7 of those departments, or any individual or entity acting at
8 the request or upon the direction of any of those departments
9 in compiling or providing information, or if information is
10 incomplete or incorrect because a career offender fails to
11 report or falsely reports his or her current place of
12 permanent or temporary residence.
13 (8) PENALTIES.--
14 (a) Except as otherwise specifically provided, a
15 career offender who fails to register; who fails, after
16 registration, to maintain, acquire, or renew a driver's
17 license or identification card; who fails to provide required
18 location information or change-of-name information; or who
19 otherwise fails, by act or omission, to comply with the
20 requirements of this section commits a felony of the third
21 degree, punishable as provided in s. 775.082, s. 775.083, or
22 s. 775.084.
23 (b) Any person who misuses public records information
24 concerning a career offender as defined in this section or a
25 career offender as defined in s. 944.608 or s. 944.609 to
26 secure a payment from such career offender; who knowingly
27 distributes or publishes false information concerning such a
28 career offender which the person misrepresents as being public
29 records information; or who materially alters public records
30 information with the intent to misrepresent the information,
31 including documents, summaries of public records information
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1 provided by law enforcement agencies, or public records
2 information displayed by law enforcement agencies on websites
3 or provided through other means of communication, commits a
4 misdemeanor of the first degree, punishable as provided in s.
5 775.082 or s. 775.083.
6 (9) PROSECUTIONS FOR ACTS OR OMISSIONS.--A career
7 offender who commits any act or omission in violation of this
8 section, s. 944.608, or s. 944.609 may be prosecuted for the
9 act or omission in the county in which the act or omission was
10 committed, the county of the last registered address of the
11 career offender, the county in which the conviction occurred
12 for the offense or offenses that meet the criteria for
13 designating a person as a career offender, or in the county in
14 which he or she was designated a career offender.
15 Section 4. Section 944.608, Florida Statutes, is
16 created to read:
17 944.608 Notification to Department of Law Enforcement
18 of information on career offenders.--
19 (1) As used in this section, the term "career
20 offender" means a person who is in the custody or control of,
21 or under the supervision of, the department or a private
22 correctional facility and who is designated as a habitual
23 violent felony offender, a violent career criminal, or a
24 three-time violent felony offender under s. 775.084 or as a
25 prison releasee reoffender under s. 775.082(9).
26 (2) If a career offender is not sentenced to a term of
27 imprisonment, the clerk of the court shall ensure that the
28 career offender's fingerprints are taken and forwarded to the
29 Department of Law Enforcement within 48 hours after the court
30 sentences the career offender. The fingerprint card shall be
31 clearly marked "Career Offender Registration Card."
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1 (3) A career offender who is under the supervision of
2 the department but is not incarcerated must register with the
3 department and provide his or her name, date of birth, social
4 security number, race, gender, height, weight, hair and eye
5 color, tattoos or other identifying marks, and permanent or
6 legal residence and address of temporary residence within the
7 state or out of state while the career offender is under
8 supervision in this state, including any rural route address
9 or post office box. The department shall verify the address of
10 each career offender.
11 (4) In addition to notification and transmittal
12 requirements imposed by any other provision of law, the
13 department shall compile information on any career offender
14 and provide the information to the Department of Law
15 Enforcement. The information shall be made available
16 electronically to the Department of Law Enforcement as soon as
17 this information is in the department's database and must be
18 in a format that is compatible with the requirements of the
19 Florida Crime Information Center.
20 (5) The information provided to the Department of Law
21 Enforcement must include:
22 (a) The information obtained from the career offender
23 under subsection (3);
24 (b) The career offender's most current address and
25 place of permanent and temporary residence within the state or
26 out of state while the career offender is under supervision in
27 this state, including the name of the county or municipality
28 in which the career offender permanently or temporarily
29 resides and, if known, the intended place of permanent or
30 temporary residence upon satisfaction of all sanctions;
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1 (c) The legal status of the career offender and the
2 scheduled termination date of that legal status;
3 (d) The location of, and local telephone number for,
4 any Department of Corrections office that is responsible for
5 supervising the career offender; and
6 (e) A digitized photograph of the career offender,
7 which must have been taken within 60 days before the career
8 offender is released from the custody of the department or a
9 private correctional facility or within 60 days after the
10 onset of the department's supervision of any career offender
11 who is on probation, community control, conditional release,
12 parole, provisional release, or control release. If the career
13 offender is in the custody or control of, or under the
14 supervision of, a private correctional facility, the facility
15 shall take a digitized photograph of the career offender
16 within the time period provided in this paragraph and shall
17 provide the photograph to the department.
18 (6)(a) The department shall notify the Department of
19 Law Enforcement if the career offender escapes, absconds, or
20 dies while in the custody or control of, or under the
21 supervision of, the department.
22 (b) If any information provided by the department
23 changes during the time the career offender is under the
24 department's custody, control, or supervision, including any
25 change in the career offender's name by reason of marriage or
26 other legal process, the department shall, in a timely manner,
27 update the information and provide it to the Department of Law
28 Enforcement in the manner prescribed in subsection (4).
29 (7) A career offender who is under the supervision of
30 the department but who is not incarcerated shall, in addition
31 to the registration requirements provided in subsection (3),
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1 register in the manner provided in s. 775.261(4)(c), unless
2 the career offender is a sexual predator, in which case he or
3 she shall register as required under s. 775.21, or is a sexual
4 offender, in which case he or she shall register as required
5 in s. 944.607. A career offender who fails to comply with the
6 requirements of s. 775.261(4) is subject to the penalties
7 provided in s. 775.261(8).
8 (8) The failure of a career offender to submit to the
9 taking of a digitized photograph, or to otherwise comply with
10 the requirements of this section, is a felony of the third
11 degree, punishable as provided in s. 775.082, s. 775.083, or
12 s. 775.084.
13 (9) The department, the Department of Highway Safety
14 and Motor Vehicles, the Department of Law Enforcement,
15 personnel of those departments, and any individual or entity
16 acting at the request or upon the direction of those
17 departments are immune from civil liability for damages for
18 good faith compliance with this section and shall be presumed
19 to have acted in good faith in compiling, recording,
20 reporting, or providing information. The presumption of good
21 faith is not overcome if technical or clerical errors are made
22 by the department, the Department of Highway Safety and Motor
23 Vehicles, the Department of Law Enforcement, personnel of
24 those departments, or any individual or entity acting at the
25 request or upon the direction of those departments in
26 compiling, recording, reporting, or providing information, or
27 if the information is incomplete or incorrect because the
28 information has not been provided by a person or agency
29 required to provide the information, or because the
30 information was not reported or was falsely reported.
31
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1 Section 5. Section 944.609, Florida Statutes, is
2 created to read:
3 944.609 Career offenders; notification upon release.--
4 (1) As used in this section, the term "career
5 offender" means a person who is in the custody or control of,
6 or under the supervision of, the department or a private
7 correctional facility and who is designated as a habitual
8 violent felony offender, a violent career criminal, or a
9 three-time violent felony offender under s. 775.084 or as a
10 prison releasee reoffender under s. 775.082(9).
11 (2) The Legislature finds that certain career
12 offenders, by virtue of their histories of offenses, present a
13 threat to the public and to communities. The Legislature finds
14 that requiring these career offenders to register for the
15 purpose of tracking these career offenders and providing for
16 notifying the public and a community of the presence of a
17 career offender are important aids to law enforcement
18 agencies, the public, and communities if a career offender
19 again engages in criminal conduct. Registration is intended to
20 aid law enforcement agencies in timely apprehending a career
21 offender. Registration is not a punishment, but merely a
22 status. Notification to the public and communities of the
23 presence of a career offender aids the public and communities
24 in avoiding victimization by the career offender. The
25 Legislature intends to require the registration of career
26 offenders and to authorize law enforcement agencies to notify
27 the public and communities of the presence of a career
28 offender.
29 (3)(a) The department shall provide information
30 regarding any career offender who is being released after
31 serving a period of incarceration for any offense, as follows:
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1 1. The department shall provide the career offender's
2 name, any change in the career offender's name by reason of
3 marriage or other legal process, and any alias, if known; the
4 correctional facility from which the career offender is
5 released; the career offender's social security number, race,
6 gender, date of birth, height, weight, and hair and eye color;
7 date and county of sentence and each crime for which the
8 career offender was sentenced; a copy of the career offender's
9 fingerprints and a digitized photograph taken within 60 days
10 before release; the date of release of the career offender;
11 and the career offender's intended residence address, if
12 known. The department shall notify the Department of Law
13 Enforcement if the career offender escapes, absconds, or dies.
14 If the career offender is in the custody of a private
15 correctional facility, the facility shall take the digitized
16 photograph of the career offender within 60 days before the
17 career offender's release and provide this photograph to the
18 Department of Corrections and also place it in the career
19 offender's file. If the career offender is in the custody of a
20 local jail, the custodian of the local jail shall notify the
21 Department of Law Enforcement of the career offender's release
22 and provide to the Department of Law Enforcement the
23 information specified in this paragraph and any information
24 specified in subparagraph 2. that the Department of Law
25 Enforcement requests.
26 2. The department may provide any other information
27 deemed necessary, including criminal and corrections records
28 and nonprivileged personnel and treatment records, when
29 available.
30 (b) The department shall provide the information
31 described in subparagraph (a)1. to:
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1 1. The sheriff of the county where the career offender
2 was sentenced;
3 2. The sheriff of the county, and if applicable, the
4 chief of police of the municipality, where the career offender
5 plans to reside;
6 3. The Department of Law Enforcement;
7 4. When requested, the victim of the offense, the
8 victim's parent or legal guardian if the victim is a minor,
9 the lawful representative of the victim or of the victim's
10 parent or guardian if the victim is a minor, or the next of
11 kin if the victim is a homicide victim; and
12 5. Any person who requests such information
13
14 within 6 months prior to the anticipated release of a career
15 offender or as soon as possible if a career offender is
16 released earlier than anticipated. All such information
17 provided to the Department of Law Enforcement must be
18 available electronically as soon as the information is in the
19 agency's database and must be in a format that is compatible
20 with the requirements of the Florida Crime Information Center.
21 (c) Upon request, the department shall provide the
22 information described in subparagraph (a)2. to:
23 1. The sheriff of the county where the career offender
24 was sentenced; and
25 2. The sheriff of the county, and if applicable, the
26 chief of police of the municipality, where the career offender
27 plans to reside
28
29 within 6 months prior to the anticipated release of a career
30 offender or as soon as possible if a career offender is
31 released earlier than anticipated.
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1 (d) Upon receiving information regarding a career
2 offender from the department, the Department of Law
3 Enforcement, the sheriff, or the chief of police shall provide
4 the information described in subparagraph (a)1. to any
5 individual who requests such information and may release the
6 information to the public in any manner deemed appropriate,
7 unless the information is confidential or exempt from s.
8 119.07(1) and s. 24(a), Art. I of the State Constitution.
9 (4) The department or any law enforcement agency may
10 notify the public and the community of a career offender's
11 presence in the community. However, with respect to a career
12 offender who has been found to be a sexual predator under s.
13 775.21, the Department of Law Enforcement or any other law
14 enforcement agency must inform the community and the public of
15 the career offender's presence in the community, as provided
16 in s. 775.21.
17 (5) An elected or appointed official, public employee,
18 school administrator or employee, or agency, or any individual
19 or entity acting at the request or upon the direction of any
20 law enforcement agency, is immune from civil liability for
21 damages resulting from good faith compliance with the
22 requirements of this section or the release of information
23 under this section.
24 Section 6. This act shall take effect July 1, 2002,
25 contingent upon a specific appropriation in the 2002-2003
26 General Appropriations Act to administer this act.
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