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

31

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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.

30

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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;

31

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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.

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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.

27

28

29

30

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