HB 1387

1
A bill to be entitled
2An act relating to career offender and murderer
3registration; amending s. 775.261, F.S.; providing for
4registration of murderers as well career offenders;
5defining terms; providing criteria for murderer
6registration; specifying registration information that
7must by provided by murderers; providing for reporting by
8murderers; requiring lifetime registration; providing
9exceptions; providing penalties for violations; providing
10for prosecution of violations; amending ss. 775.13 and
11944.608, F.S.; conforming provisions; providing an
12effective date.
13
14Be It Enacted by the Legislature of the State of Florida:
15
16     Section 1.  Section 775.261, Florida Statutes, is amended
17to read:
18     775.261  The Florida Career Offender and Murderer
19Registration Act.--
20     (1)  SHORT TITLE.--This section may be cited as "The
21Florida Career Offender and Murderer Registration Act."
22     (2)  DEFINITIONS.--As used in this section, the term:
23     (a)  "Career offender" means any person who is designated
24as a habitual violent felony offender, a violent career
25criminal, or a three-time violent felony offender under s.
26775.084 or as a prison releasee reoffender under s. 775.082(9).
27     (b)  "Chief of police" means the chief law enforcement
28officer of a municipality.
29     (c)  "Community" means any county where the career offender
30or murderer lives or otherwise establishes or maintains a
31temporary or permanent residence.
32     (d)  "Department" means the Department of Law Enforcement.
33     (e)  "Entering the county" includes being discharged from a
34correctional facility, jail, or secure treatment facility within
35the county or being under supervision within the county with a
36career-offender designation as specified in paragraph (a).
37     (f)  "Murder" means the unlawful killing of a human being
38under s. 782.04 or under any comparable law of any other
39jurisdiction.
40     (g)  "Murderer" means any person who has been convicted of
41murder as defined under s. 782.04 or under any comparable law of
42any other jurisdiction.
43     (h)(f)  "Permanent residence" means a place where the
44career offender or murderer abides, lodges, or resides for 14 or
45more consecutive days.
46     (i)(g)  "Temporary residence" means:
47     1.  A place where the career offender or murderer abides,
48lodges, or resides for a period of 14 or more days in the
49aggregate during any calendar year and which is not his or her
50the career offender's permanent address;
51     2.  For a career offender or murderer whose permanent
52residence is not in this state, a place where he or she the
53career offender is employed, practices a vocation, or is
54enrolled as a student for any period of time in this state; or
55     3.  A place where the career offender or murderer routinely
56abides, lodges, or resides for a period of 4 or more consecutive
57or nonconsecutive days in any month and which is not his or her
58the career offender's permanent residence, including any out-of-
59state address.
60     (3)  CRITERIA FOR REGISTRATION AS A CAREER OFFENDER.--
61     (a)  A career offender released on or after January 1,
622003, from a sanction imposed in this state for a designation as
63a habitual violent felony offender, a violent career criminal,
64or a three-time violent felony offender under s. 775.084 or as a
65prison releasee reoffender under s. 775.082(9) must register as
66required under subsection (5)(4) and is subject to community and
67public notification as provided under subsection (6)(5). For
68purposes of this section, a sanction imposed in this state
69includes, but is not limited to, a fine, probation, community
70control, parole, conditional release, control release, or
71incarceration in a state prison, private correctional facility,
72or local detention facility, and:
73     1.  The career offender has not received a pardon for any
74felony or other qualified offense that is necessary for the
75operation of this paragraph; or
76     2.  A conviction of a felony or other qualified offense
77necessary to the operation of this paragraph has not been set
78aside in any postconviction proceeding.
79     (b)  This section does not apply to any person who has been
80designated as a sexual predator and required to register under
81s. 775.21 or who is required to register as a sexual offender
82under s. 943.0435 or s. 944.607. However, if a person is no
83longer required to register as a sexual predator under s. 775.21
84or as a sexual offender under s. 943.0435 or s. 944.607, the
85person must register as a career offender under this section if
86the person is otherwise designated as a career offender as
87provided in this section.
88     (c)  A person subject to registration as a career offender
89is not subject to registration as a convicted felon under s.
90775.13. However, if the person is no longer required to register
91as a career offender under this section, the person must
92register under s. 775.13 if required to do so under that
93section.
94     (d)  If a career offender is not sentenced to a term of
95imprisonment, the clerk of the court shall ensure that the
96career offender's fingerprints are taken and forwarded to the
97department within 48 hours after the court renders its finding
98that an offender is a career offender. The fingerprint card
99shall be clearly marked, "Career Offender Registration Card."
100     (4)  CRITERIA FOR REGISTRATION AS A CONVICTED MURDERER.--A
101convicted murderer released on or after January 1, 2006, from a
102sanction imposed in this state or in any other jurisdiction for
103murder must register as required under subsection (5) and is
104subject to community and public notification as provided under
105subsection (6). For purposes of this section, a sanction imposed
106in this state includes, but is not limited to, a fine,
107probation, community control, parole, conditional release,
108control release, or incarceration in a state prison, private
109correctional facility, or local detention facility, and:
110     (a)  The murderer has not received a pardon for a murder
111that is necessary for the operation of this paragraph; or
112     (b)  A conviction of a murder necessary to the operation of
113this paragraph has not been set aside in any postconviction
114proceeding.
115     (5)(4)  REGISTRATION.--
116     (a)  A career offender must register with the department by
117providing the following information to the department, or to the
118sheriff's office in the county in which the career offender
119establishes or maintains a permanent or temporary residence,
120within 2 working days after establishing permanent or temporary
121residence in this state or within 2 working days after being
122released from the custody, control, or supervision of the
123Department of Corrections or from the custody of a private
124correctional facility. A murderer must register with the
125department by providing the following information to the
126department within 2 working days after establishing permanent or
127temporary residence in this state or within 2 working days after
128being released from the custody, control, or supervision of the
129Department of Corrections, from the custody of a private
130correctional facility, or from the custody of any other
131jurisdiction:
132     1.  Name, social security number, age, race, gender, date
133of birth, height, weight, hair and eye color, photograph,
134address of legal residence and address of any current temporary
135residence within the state or out of state, including a rural
136route address or a post office box, date and place of any
137employment, date and place of each conviction, fingerprints, and
138a brief description of the crime or crimes committed by the
139career offender or murderer. A career offender or murderer may
140not provide a post office box in lieu of a physical residential
141address. If the career offender's or murderer's place of
142residence is a motor vehicle, trailer, mobile home, or
143manufactured home, as defined in chapter 320, he or she the
144career offender shall also provide to the department written
145notice of the vehicle identification number; the license tag
146number; the registration number; and a description, including
147color scheme, of the motor vehicle, trailer, mobile home, or
148manufactured home. If a career offender's or murderer's place of
149residence is a vessel, live-aboard vessel, or houseboat, as
150defined in chapter 327, he or she the career offender shall also
151provide to the department written notice of the hull
152identification number; the manufacturer's serial number; the
153name of the vessel, live-aboard vessel, or houseboat; the
154registration number; and a description, including color scheme,
155of the vessel, live-aboard vessel, or houseboat.
156     2.  Any other information determined necessary by the
157department, including criminal and corrections records;
158nonprivileged personnel and treatment records; and evidentiary
159genetic markers when available. A murderer must also provide a
160photograph and a set of fingerprints to the department. A
161murderer must also provide the change of address of legal
162residence or name change by reason of marriage or other legal
163process within 2 working days after any such change.
164     (b)  If a career offender registers with the sheriff's
165office, the sheriff shall take a photograph and a set of
166fingerprints of the career offender and forward the photographs
167and fingerprints to the department, along with the information
168that the career offender is required to provide pursuant to this
169section.
170     (c)  Within 2 working days after the registration required
171under paragraph (a), a career offender who is not incarcerated
172and who resides in the community, including a career offender
173under the supervision of the Department of Corrections pursuant
174to s. 944.608, shall register in person at a driver's license
175office of the Department of Highway Safety and Motor Vehicles
176and shall present proof of registration. At the driver's license
177office, the career offender shall:
178     1.  If otherwise qualified, secure a Florida driver's
179license, renew a Florida driver's license, or secure an
180identification card. The career offender shall identify himself
181or herself as a career offender who is required to comply with
182this section, provide his or her place of permanent or temporary
183residence, including a rural route address or a post office box,
184and submit to the taking of a photograph for use in issuing a
185driver's license, renewed license, or identification card, and
186for use by the department in maintaining current records of
187career offenders. The career offender may not provide a post
188office box in lieu of a physical residential address. If the
189career offender's place of residence is a motor vehicle,
190trailer, mobile home, or manufactured home, as defined in
191chapter 320, the career offender shall also provide to the
192Department of Highway Safety and Motor Vehicles the vehicle
193identification number; the license tag number; the motor vehicle
194registration number; and a description, including color scheme,
195of the motor vehicle, trailer, mobile home, or manufactured
196home. If a career offender's place of residence is a vessel,
197live-aboard vessel, or houseboat, as defined in chapter 327, the
198career offender shall also provide to the Department of Highway
199Safety and Motor Vehicles the hull identification number; the
200manufacturer's serial number; the name of the vessel, live-
201aboard vessel, or houseboat; the registration number; and a
202description, including color scheme, of the vessel, live-aboard
203vessel, or houseboat.
204     2.  Pay the costs assessed by the Department of Highway
205Safety and Motor Vehicles for issuing or renewing a driver's
206license or identification card as required by this section.
207     3.  Provide, upon request, any additional information
208necessary to confirm the identity of the career offender,
209including a set of fingerprints.
210     (d)  Each time a career offender's driver's license or
211identification card is subject to renewal, and within 2 working
212days after any change of the career offender's residence or
213change in the career offender's name by reason of marriage or
214other legal process, the career offender must report in person
215to a driver's license office, and shall be subject to the
216requirements specified in paragraph (c). The Department of
217Highway Safety and Motor Vehicles shall forward to the
218department and to the Department of Corrections all photographs
219and information provided by career offenders. Notwithstanding
220the restrictions set forth in s. 322.142, the Department of
221Highway Safety and Motor Vehicles may release a reproduction of
222a color-photograph or digital-image license to the department
223for purposes of public notification of career offenders as
224provided in this section.
225     (e)  If the career offender or murderer registers at an
226office of the department, the department must notify the sheriff
227and, if applicable, the police chief of the municipality, where
228the career offender or murderer maintains a residence within 48
229hours after he or she the career offender registers with the
230department.
231     (f)  A career offender who intends to establish residence
232in another state or jurisdiction other than the State of Florida
233shall report in person to the sheriff of the county of current
234residence or the department within 2 working days before the
235date he or she intends to leave this state to establish
236residence in another state or jurisdiction other than the State
237of Florida. A murderer must also comply with the reporting
238requirements of paragraphs (a)-(e) and this paragraph by
239providing the required information to the department. If the
240career offender or murderer is under the supervision of the
241Department of Corrections, the career offender or murderer shall
242notify the supervising probation officer of his or her intent to
243transfer supervision, satisfy all transfer requirements pursuant
244to the Interstate Compact for Supervision of Adult Offenders, as
245provided in s. 949.07, and abide by the decision of the
246receiving jurisdiction to accept or deny transfer. The career
247offender must provide to the sheriff or department the address,
248municipality, county, and state of intended residence. The
249sheriff shall promptly provide to the department the information
250received from the career offender. The failure of a career
251offender or murderer to provide his or her intended place of
252residence is punishable as provided in subsection (9)(8).
253     (g)  A career offender or murderer who indicates his or her
254intent to reside in a state or jurisdiction other than the State
255of Florida and later decides to remain in this state shall,
256within 2 working days after the date upon which the career
257offender or murderer indicated he or she would leave this state,
258report in person to the sheriff or the department, whichever
259agency is the agency to which the career offender or murderer
260reported the intended change of residence, of his or her intent
261to remain in this state. If the sheriff is notified by the
262career offender or murderer that he or she intends to remain in
263this state, the sheriff shall promptly report this information
264to the department. A career offender or murderer who reports his
265or her intent to reside in a state or jurisdiction other than
266the State of Florida, but who remains in this state without
267reporting to the sheriff or the department in the manner
268required by this paragraph, commits a felony of the second
269degree, punishable as provided in s. 775.082, s. 775.083, or s.
270775.084.
271     (h)1.  The department shall maintain on-line computer
272access to the current information regarding each registered
273career offender or murderer. The department must maintain
274hotline access so that state, local, and federal law enforcement
275agencies may obtain instantaneous locator file and criminal
276characteristics information on release and registration of
277career offenders or murderers for purposes of monitoring,
278tracking, and prosecution. The photograph and fingerprints need
279not be stored in a computerized format.
280     2.  The department's career offender and murderer
281registration lists list, containing the information described in
282subparagraph (a)1., are subject to chapter 119 is a public
283record. The department may disseminate this public information
284by any means deemed appropriate, including operating a toll-free
285telephone number for this purpose. When the department provides
286information regarding a career offender or murderer to the
287public, department personnel must advise the person making the
288inquiry that positive identification of a person believed to be
289a career offender or murderer cannot be established unless a
290fingerprint comparison is made, and that it is illegal to use
291public information regarding a career offender or murderer to
292facilitate the commission of a crime.
293     3.  The department shall adopt guidelines as necessary
294regarding the registration of a career offender or murderer and
295the dissemination of information regarding a career offender or
296murderer as required by this section.
297     (i)  A career offender must maintain registration with the
298department for the duration of his or her life, unless the
299career offender has received a full pardon or has had a
300conviction set aside in a postconviction proceeding for any
301offense that meets the criteria for classifying the person as a
302career offender for purposes of registration. However, a
303registered career offender who has been lawfully released from
304confinement, supervision, or sanction, whichever is later, for
305at least 20 years and has not been arrested for any felony or
306misdemeanor offense since release may petition the criminal
307division of the circuit court of the circuit in which the
308registered career offender resides for the purpose of removing
309the requirement for registration as a career offender. The court
310may grant or deny such relief if the registered career offender
311demonstrates to the court that he or she has not been arrested
312for any crime since release and the court is otherwise satisfied
313that the registered career offender is not a current or
314potential threat to public safety. The state attorney in the
315circuit in which the petition is filed must be given notice of
316the petition at least 3 weeks before the hearing on the matter.
317The state attorney may present evidence in opposition to the
318requested relief or may otherwise demonstrate the reasons why
319the petition should be denied. If the court denies the petition,
320the court may set a future date at which the registered career
321offender may again petition the court for relief, subject to the
322standards for relief provided in this paragraph. The department
323shall remove a person from classification as a career offender
324for purposes of registration if the person provides to the
325department a certified copy of the court's written findings or
326order that indicates that the person is no longer required to
327comply with the requirements for registration as a career
328offender.
329     (j)  A murderer must maintain registration with the
330department for the duration of his or her life, subject to the
331provisions of paragraph (a).
332     (6)(5)  COMMUNITY AND PUBLIC NOTIFICATION.--
333     (a)  Law enforcement agencies may inform the community and
334the public of the presence of a career offender or murderer in
335the community. Upon notification of the presence of a career
336offender or murderer, the sheriff of the county or the chief of
337police of the municipality where the career offender or murderer
338establishes or maintains a permanent or temporary residence may
339notify the community and the public of the presence of the
340career offender or murderer in a manner deemed appropriate by
341the sheriff or the chief of police.
342     (b)  The sheriff or the police chief may coordinate the
343community and public notification efforts with the department.
344Statewide notification to the public is authorized, as deemed
345appropriate by local law enforcement personnel and the
346department.
347     (7)(6)  VERIFICATION.--The department and the Department of
348Corrections shall implement a system for verifying the addresses
349of career offenders and murderers. The sheriff of each county
350shall annually verify the addresses of career offenders and
351murderers who are not under the care, custody, control, or
352supervision of the Department of Corrections. The sheriff shall
353promptly provide the address verification information to the
354department in an electronic format. The address verification
355information must include the verifying person's name, agency,
356and phone number, the date of verification, and the method of
357verification, and must specify whether the address information
358was verified as correct, incorrect, or unconfirmed.
359     (8)(7)  IMMUNITY.--The department, the Department of
360Highway Safety and Motor Vehicles, the Department of
361Corrections, any law enforcement agency in this state, and the
362personnel of those departments; an elected or appointed
363official, public employee, or school administrator; or an
364employee, agency, or any individual or entity acting at the
365request or upon the direction of any law enforcement agency is
366immune from civil liability for damages for good faith
367compliance with the requirements of this section or for the
368release of information under this section and shall be presumed
369to have acted in good faith in compiling, recording, reporting,
370or releasing the information. The presumption of good faith is
371not overcome if a technical or clerical error is made by the
372department, the Department of Highway Safety and Motor Vehicles,
373the Department of Corrections, the personnel of those
374departments, or any individual or entity acting at the request
375or upon the direction of any of those departments in compiling
376or providing information, or if information is incomplete or
377incorrect because a career offender or murderer fails to report
378or falsely reports his or her current place of permanent or
379temporary residence.
380     (9)(8)  PENALTIES.--
381     (a)  Except as otherwise specifically provided, a career
382offender who fails to register; who fails, after registration,
383to maintain, acquire, or renew a driver's license or
384identification card; who fails to provide required location
385information or change-of-name information; or who otherwise
386fails, by act or omission, to comply with the requirements of
387this section, commits a felony of the third degree, punishable
388as provided in s. 775.082 or, s. 775.083, or s. 775.084.
389     (b)  A murderer who fails to register, or who otherwise
390fails, by act or omission, to comply with the requirements of
391this section, commits a felony of the third degree, punishable
392as provided in s. 775.082 or s. 775.083.
393     (c)(b)  Any person who misuses public records information
394concerning a career offender or murderer, as defined in this
395section, or a career offender, as defined in s. 944.608 or s.
396944.609, to secure a payment from such career offender or
397murderer; who knowingly distributes or publishes false
398information concerning such a career offender or murderer which
399the person misrepresents as being public records information; or
400who materially alters public records information with the intent
401to misrepresent the information, including documents, summaries
402of public records information provided by law enforcement
403agencies, or public records information displayed by law
404enforcement agencies on websites or provided through other means
405of communication, commits a misdemeanor of the first degree,
406punishable as provided in s. 775.082 or s. 775.083.
407     (10)(9)  PROSECUTIONS FOR ACTS OR OMISSIONS.--
408     (a)  A career offender who commits any act or omission in
409violation of this section, s. 944.608, or s. 944.609 may be
410prosecuted for the act or omission in the county in which the
411act or omission was committed, the county of the last registered
412address of the career offender, the county in which the
413conviction occurred for the offense or offenses that meet the
414criteria for designating a person as a career offender, or in
415the county in which he or she was designated a career offender.
416     (b)  A murderer who commits any act or omission in
417violation of this section may be prosecuted for the act or
418omission in the county in which the act or omission was
419committed, the county of the last registered address of the
420murderer, the county in which the conviction occurred for the
421offense or offenses that meet the criteria for designating a
422person as a murderer, or in the county in which he or she was
423designated a murderer.
424     Section 2.  Paragraph (h) is added to subsection (5) of
425section 775.13, Florida Statutes, to read:
426     775.13  Registration of convicted felons, exemptions;
427penalties.--
428     (5)  This section does not apply to an offender:
429     (h)  Who is a murderer who has registered as required in s.
430775.261.
431     Section 3.  Subsection (7) of section 944.608, Florida
432Statutes, is amended to read:
433     944.608  Notification to Department of Law Enforcement of
434information on career offenders.--
435     (7)  A career offender who is under the supervision of the
436department but who is not incarcerated shall, in addition to the
437registration requirements provided in subsection (3), register
438in the manner provided in s. 775.261(4)(c), unless the career
439offender is a sexual predator, in which case he or she shall
440register as required under s. 775.21;, or is a sexual offender,
441in which case he or she shall register as required in s.
442944.607; or is a murderer, in which case he or she shall
443register as required in s. 775.261. A career offender who fails
444to comply with the requirements of s. 775.261(4) is subject to
445the penalties provided in that section s. 775.261(8).
446     Section 4.  This act shall take effect July 1, 2005.


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