HB 1387CS

CHAMBER ACTION



1The Criminal Justice Committee recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to career offender and murderer
7registration; amending s. 775.13, F.S.; exempting a
8murderer who has registered under another provision of law
9from certain registration requirements; amending s.
10775.26, F.S.; providing legislative intent relating to
11registration of murderers and public notification;
12amending s. 775.261, F.S.; providing a short title;
13revising and providing definitions; providing criteria for
14the registration of persons convicted of murder; providing
15exemptions; requiring the clerk of court to secure and
16distribute fingerprints of a convicted murderer who is not
17sentenced to prison; requiring a person convicted of
18murder to register and provide certain information;
19requiring the sheriff to secure and distribute a photo and
20fingerprints of a registered murderer; requiring the
21Department of Highway Safety and Motor Vehicles to forward
22to the Department of Law Enforcement and the Department of
23Corrections certain of the information provided by a
24registered murderer; providing for notice to law
25enforcement officials of the residence of a registered
26murderer; providing criminal penalties for a murderer who
27fails to provide certain information regarding residence;
28providing for the adoption of guidelines governing
29registration as a murderer and dissemination of
30information regarding a murderer; providing for removal of
31a person from classification as a murderer; authorizing a
32law enforcement agency to notify the community that a
33person convicted of murder is present in the community;
34requiring development of a system to verify the address of
35persons convicted of murder; providing that a person
36convicted of murder commits a felony of the third degree
37if he or she fails to register or otherwise violates the
38act; specifying the locations in which a person convicted
39of murder may be prosecuted for violations of the act;
40amending s. 944.608, F.S.; defining the term "murderer";
41requiring the clerk of court to collect and distribute to
42the Department of Corrections the fingerprints of a
43murderer who is not sentenced to prison; providing for
44registration of a murderer who is not incarcerated;
45requiring a registered murderer to provide certain
46information; directing the department to compile
47information relating to registered murderers; providing
48for distribution of information compiled by the department
49to the Department of Law Enforcement; providing that a
50murderer who violates the section commits a felony of the
51third degree; amending s. 944.609, F.S.; defining the term
52"murderer"; providing legislative intent; directing the
53Department of Corrections to provide information regarding
54a murderer who is being released from incarceration to
55certain law enforcement officials and other persons;
56authorizing a law enforcement agency to notify the
57community that a murderer is present in the community;
58providing an effective date.
59
60Be It Enacted by the Legislature of the State of Florida:
61
62     Section 1.  Paragraphs (f) and (g) of subsection (5) of
63section 775.13, Florida Statutes, are amended, and paragraph (h)
64is added to said subsection, to read:
65     (5)  This section does not apply to an offender:
66     (f)  Who is a sexual offender and has registered as
67required in s. 943.0435 or s. 944.607; or
68     (g)  Who is a career offender who has registered as
69required in s. 775.261 or s. 944.609; or.
70     (h)  Who is a murderer who has registered as required in s.
71775.261.
72     Section 2.  Section 775.26, Florida Statutes, is amended to
73read:
74     775.26  Registration of career offenders and murderers;
75public notification; legislative findings and intent.--The
76Legislature finds that certain career offenders and murderers,
77by virtue of their histories of offenses, present a threat to
78the public and to communities. The Legislature finds that
79requiring these career offenders and murderers to register for
80the purpose of tracking them these career offenders and that
81providing for notification of notifying the public and a
82community of the presence of a career offender or murderer are
83important aids to law enforcement agencies, the public, and
84communities if a career offender or murderer engages again in
85criminal conduct. Registration is intended to aid law
86enforcement agencies in timely apprehending a career offender or
87murderer. Registration is not a punishment, but merely a status.
88Notification to the public and communities of the presence of a
89career offender or murderer aids the public and communities in
90avoiding victimization being victimized by a career offender or
91murderer. The Legislature intends to require the registration of
92career offenders and murderers and to authorize law enforcement
93agencies to notify the public and communities of the presence of
94a career offender or murderer.
95     Section 3.  Section 775.261, Florida Statutes, is amended
96to read:
97     775.261  The Florida Career Offender and Murderer
98Registration Act.--
99     (1)  SHORT TITLE.--This section may be cited as "The
100Florida Career Offender and Murderer Registration Act."
101     (2)  DEFINITIONS.--As used in this section, the term:
102     (a)  "Career offender" means any person who is designated
103as a habitual violent felony offender, a violent career
104criminal, or a three-time violent felony offender under s.
105775.084 or as a prison releasee reoffender under s. 775.082(9).
106     (b)  "Chief of police" means the chief law enforcement
107officer of a municipality.
108     (c)  "Community" means any county where the career offender
109or murderer lives or otherwise establishes or maintains a
110temporary or permanent residence.
111     (d)  "Conviction" or "convicted" means a determination of
112guilt that is the result of a trial or the entry of a plea of
113guilty or nolo contendere, regardless of whether adjudication is
114withheld. A conviction for a similar offense includes, but is
115not limited to, a conviction by a federal or military tribunal,
116including a court-martial conducted by the Armed Forces of the
117United States, and includes a conviction or entry of a plea of
118guilty or nolo contendere resulting in a sanction in any state
119of the United States or other jurisdiction.
120     (e)(d)  "Department" means the Department of Law
121Enforcement.
122     (f)(e)  "Entering the county" includes being discharged
123from a correctional facility, jail, or secure treatment facility
124within the county or being under supervision within the county
125with a career-offender designation as specified in paragraph
126(a).
127     (g)  "Murder" means the unlawful killing of a human being
128as described in s. 782.04 or in any comparable law of any other
129jurisdiction.
130     (h)  "Murderer" means any person who has been convicted of
131murder as described in s. 782.04 or under any comparable law of
132any other jurisdiction.
133     (i)(f)  "Permanent residence" means a place where the
134career offender or murderer abides, lodges, or resides for 14 or
135more consecutive days.
136     (j)(g)  "Temporary residence" means:
137     1.  A place where the career offender or murderer abides,
138lodges, or resides for a period of 14 or more days in the
139aggregate during any calendar year and which is not his or her
140the career offender's permanent address;
141     2.  For a career offender or murderer whose permanent
142residence is not in this state, a place where he or she the
143career offender is employed, practices a vocation, or is
144enrolled as a student for any period of time in this state; or
145     3.  A place where the career offender or murderer routinely
146abides, lodges, or resides for a period of 4 or more consecutive
147or nonconsecutive days in any month and which is not his or her
148the career offender's permanent residence, including any out-of-
149state address.
150     (3)  CRITERIA FOR REGISTRATION AS A CAREER OFFENDER.--
151     (a)  A career offender released on or after January 1,
1522003, from a sanction imposed in this state for a designation as
153a habitual violent felony offender, a violent career criminal,
154or a three-time violent felony offender under s. 775.084 or as a
155prison releasee reoffender under s. 775.082(9) must register as
156required under subsection (5)(4) and is subject to community and
157public notification as provided under subsection (6)(5). For
158purposes of this section, a sanction imposed in this state
159includes, but is not limited to, a fine, probation, community
160control, parole, conditional release, control release, or
161incarceration in a state prison, private correctional facility,
162or local detention facility, and:
163     1.  The career offender has not received a pardon for any
164felony or other qualified offense that is necessary for the
165operation of this paragraph; or
166     2.  A conviction of a felony or other qualified offense
167necessary to the operation of this paragraph has not been set
168aside in any postconviction proceeding.
169     (b)  This subsection section does not apply to any person
170who has been designated as a sexual predator and required to
171register under s. 775.21 or who is required to register as a
172sexual offender under s. 943.0435 or s. 944.607. However, if a
173person is no longer required to register as a sexual predator
174under s. 775.21 or as a sexual offender under s. 943.0435 or s.
175944.607, the person must register as a career offender under
176this subsection section if the person is otherwise designated as
177a career offender as provided in this section.
178     (c)  A person subject to registration as a career offender
179is not subject to registration as a convicted felon under s.
180775.13. However, if the person is no longer required to register
181as a career offender under subsection (5) this section, the
182person must register under s. 775.13 if required to do so under
183that section.
184     (d)  If a career offender is not sentenced to a term of
185imprisonment, the clerk of the court shall ensure that the
186career offender's fingerprints are taken and forwarded to the
187department within 48 hours after the court renders its finding
188that an offender is a career offender. The fingerprint card
189shall be clearly marked, "Career Offender Registration Card."
190     (4)  CRITERIA FOR REGISTRATION AS A CONVICTED MURDERER.--
191     (a)  A convicted murderer released on or after January 1,
1922006, from a sanction imposed in this state or in any other
193jurisdiction for murder must register as required under
194subsection (5) and is subject to community and public
195notification as provided under subsection (6). For purposes of
196this section, a sanction imposed in this state includes, but is
197not limited to, a fine, probation, community control, parole,
198conditional release, control release, or incarceration in a
199state prison, private correctional facility, or local detention
200facility, and:
201     1.  The murderer has not been granted a pardon for a murder
202that is the precondition for the application of this paragraph;
203or
204     2.  A conviction of the murder that is the precondition for
205the application of this paragraph has not been set aside in any
206postconviction proceeding.
207     (b)  This subsection does not apply to a person who has
208been designated as a sexual predator and is required to register
209under s. 775.21 or who is required to register as a sexual
210offender under s. 943.0435 or s. 944.607. However, if a person
211is no longer required to register as a sexual predator under s.
212775.21 or as a sexual offender under s. 943.607, the person must
213register as a murderer under this subsection if the person is
214otherwise designated as a murderer as provided in this section.
215     (c)  A person subject to registration as a murderer is not
216subject to registration as a career offender under subsection
217(3). However, if the person is no longer required to register as
218a murderer under subsection (5) and meets the criteria for
219registration as a career offender, the person must register as a
220career offender.
221     (d)  A person subject to registration as a murderer is not
222subject to registration as a convicted felon under s. 775.13.
223However, if the person is no longer required to register as a
224murderer under subsection (5), the person must register under s.
225775.13 if required to do so under that section.
226     (e)  If a murderer is not sentenced to a term of
227imprisonment, the clerk of court shall ensure that the
228murderer's fingerprints are taken and forwarded to the
229department within 48 hours after the court renders its finding
230that an offender is a murderer. The fingerprint card shall be
231clearly marked "Murderer Registration Card."
232     (5)(4)  REGISTRATION.--
233     (a)  A career offender or murderer must register with the
234department by providing the following information to the
235department, or to the sheriff's office in the county in which
236the career offender or murderer establishes or maintains a
237permanent or temporary residence, within 2 working days after
238establishing permanent or temporary residence in this state or
239within 2 working days after being released from the custody,
240control, or supervision of the Department of Corrections, or
241from the custody of a private correctional facility, or from the
242custody of any other jurisdiction:
243     1.  Name, social security number, age, race, gender, date
244of birth, height, weight, hair and eye color, photograph,
245address of legal residence and address of any current temporary
246residence within the state or out of state, including a rural
247route address or a post office box, date and place of any
248employment, date and place of each conviction, fingerprints, and
249a brief description of the crime or crimes committed by the
250career offender or murderer. A career offender or murderer may
251not provide a post office box in lieu of a physical residential
252address. If the career offender's or murderer's place of
253residence is a motor vehicle, trailer, mobile home, or
254manufactured home, as defined in chapter 320, the career
255offender or murderer shall also provide to the department
256written notice of the vehicle identification number; the license
257tag number; the registration number; and a description,
258including color scheme, of the motor vehicle, trailer, mobile
259home, or manufactured home. If a career offender's or murderer's
260place of residence is a vessel, live-aboard vessel, or
261houseboat, as defined in chapter 327, the career offender or
262murderer shall also provide to the department written notice of
263the hull identification number; the manufacturer's serial
264number; the name of the vessel, live-aboard vessel, or
265houseboat; the registration number; and a description, including
266color scheme, of the vessel, live-aboard vessel, or houseboat.
267     2.  Any other information determined necessary by the
268department, including criminal and corrections records;
269nonprivileged personnel and treatment records; and evidentiary
270genetic markers when available.
271
272A career offender or murderer must notify the department or the
273sheriff within 2 working days after any change in information
274required by this paragraph, including any change of name by
275reason of marriage or legal proceeding.
276     (b)  If a career offender or murderer registers with the
277sheriff's office, the sheriff shall take a photograph and a set
278of fingerprints of the career offender or murderer and forward
279the photographs and fingerprints to the department, along with
280the information that the career offender or murderer is required
281to provide under pursuant to this section.
282     (c)  Within 2 working days after the registration required
283under paragraph (a), a career offender or murderer who is not
284incarcerated and who resides in the community, including a
285career offender or murderer under the supervision of the
286Department of Corrections under pursuant to s. 944.608, shall
287register in person at a driver's license office of the
288Department of Highway Safety and Motor Vehicles and shall
289present proof of registration. At the driver's license office,
290the career offender or murderer shall:
291     1.  If otherwise qualified, secure a Florida driver's
292license, renew a Florida driver's license, or secure an
293identification card. The career offender or murderer shall
294identify himself or herself as a career offender or murderer who
295is required to comply with this section, provide his or her
296place of permanent or temporary residence, including a rural
297route address or a post office box, and submit to the taking of
298a photograph for use in issuing a driver's license, renewed
299license, or identification card, and for use by the department
300in maintaining current records of career offenders and
301murderers. The career offender or murderer may not provide a
302post office box in lieu of a physical residential address. If
303the career offender's or murderer's place of residence is a
304motor vehicle, trailer, mobile home, or manufactured home, as
305defined in chapter 320, the career offender or murderer shall
306also provide to the Department of Highway Safety and Motor
307Vehicles the vehicle identification number; the license tag
308number; the motor vehicle registration number; and a
309description, including color scheme, of the motor vehicle,
310trailer, mobile home, or manufactured home. If a career
311offender's or murderer's place of residence is a vessel, live-
312aboard vessel, or houseboat, as defined in chapter 327, the
313career offender or murderer shall also provide to the Department
314of Highway Safety and Motor Vehicles the hull identification
315number; the manufacturer's serial number; the name of the
316vessel, live-aboard vessel, or houseboat; the registration
317number; and a description, including color scheme, of the
318vessel, live-aboard vessel, or houseboat.
319     2.  Pay the costs assessed by the Department of Highway
320Safety and Motor Vehicles for issuing or renewing a driver's
321license or identification card as required by this section.
322     3.  Provide, upon request, any additional information
323necessary to confirm the identity of the career offender or
324murderer, including a set of fingerprints.
325     (d)  Each time a career offender's or murderer's driver's
326license or identification card is subject to renewal, and within
3272 working days after any change of the career offender's or
328murderer's residence or change in the career offender's or
329murderer's name by reason of marriage or other legal process,
330the career offender or murderer must report in person to a
331driver's license office, and shall be subject to the
332requirements specified in paragraph (c). The Department of
333Highway Safety and Motor Vehicles shall forward to the
334department and to the Department of Corrections all photographs
335and information provided by career offenders or murderers.
336Notwithstanding the restrictions set forth in s. 322.142, the
337Department of Highway Safety and Motor Vehicles may release a
338reproduction of a color-photograph or digital-image license to
339the department for purposes of public notification of career
340offenders or murderers as provided in this section.
341     (e)  If the career offender or murderer registers at an
342office of the department, the department must notify the sheriff
343and, if applicable, the police chief of the municipality, where
344the career offender or murderer maintains a residence within 48
345hours after he or she the career offender registers with the
346department.
347     (f)  A career offender or murderer who intends to establish
348residence in another state or jurisdiction other than the State
349of Florida shall report in person to the sheriff of the county
350of current residence or the department within 2 working days
351before the date he or she intends to leave this state to
352establish residence in another state or jurisdiction other than
353the State of Florida. If the career offender or murderer is
354under the supervision of the Department of Corrections, the
355career offender or murderer shall notify the supervising
356probation officer of his or her intent to transfer supervision,
357satisfy all transfer requirements under pursuant to the
358Interstate Compact for Supervision of Adult Offenders, as
359provided in s. 949.07, and abide by the decision of the
360receiving jurisdiction to accept or deny transfer. The career
361offender or murderer must provide to the sheriff or department
362the address, municipality, county, and state of intended
363residence. The sheriff shall promptly provide to the department
364the information received from the career offender or murderer.
365The failure of a career offender or murderer to provide his or
366her intended place of residence is punishable as provided in
367subsection (9)(8).
368     (g)  A career offender or murderer who indicates his or her
369intent to reside in a state or jurisdiction other than the State
370of Florida and later decides to remain in this state shall,
371within 2 working days after the date upon which the career
372offender or murderer indicated he or she would leave this state,
373report in person to the sheriff or the department, whichever
374agency is the agency to which the career offender or murderer
375reported the intended change of residence, of his or her intent
376to remain in this state. If the sheriff is notified by the
377career offender or murderer that he or she intends to remain in
378this state, the sheriff shall promptly report this information
379to the department. A career offender or murderer who reports his
380or her intent to reside in a state or jurisdiction other than
381the State of Florida, but who remains in this state without
382reporting to the sheriff or the department in the manner
383required by this paragraph, commits a felony of the second
384degree, punishable as provided in s. 775.082 or, s. 775.083, or
385s. 775.084.
386     (h)1.  The department shall maintain on-line computer
387access to the current information regarding each registered
388career offender and murderer. The department must maintain
389hotline access so that state, local, and federal law enforcement
390agencies may obtain instantaneous locator file and criminal
391characteristics information on release and registration of
392career offenders and murderers for purposes of monitoring,
393tracking, and prosecution. The photograph and fingerprints need
394not be stored in a computerized format.
395     2.  The department's career offender and murderer
396registration lists list, containing the information described in
397subparagraph (a)1., are subject to chapter 119 is a public
398record. The department may disseminate this public information
399by any means deemed appropriate, including operating a toll-free
400telephone number for this purpose. When the department provides
401information regarding a career offender or murderer to the
402public, department personnel must advise the person making the
403inquiry that positive identification of a person believed to be
404a career offender or murderer cannot be established unless a
405fingerprint comparison is made, and that it is illegal to use
406public information regarding a career offender or murderer to
407facilitate the commission of a crime.
408     3.  The department shall adopt guidelines as necessary
409regarding the registration of a career offender or murderer and
410the dissemination of information regarding a career offender or
411murderer as required by this section.
412     (i)  A career offender or murderer must maintain
413registration with the department for the duration of his or her
414life, unless the career offender or murderer has received a full
415pardon or has had a conviction set aside in a postconviction
416proceeding for any offense that meets the criteria for
417classifying the person as a career offender or murderer for
418purposes of registration. However, a registered career offender
419who has been lawfully released from confinement, supervision, or
420sanction, whichever is later, for at least 20 years and has not
421been arrested for any felony or misdemeanor offense since
422release may petition the criminal division of the circuit court
423of the circuit in which the registered career offender resides
424for the purpose of removing the requirement for registration as
425a career offender. The court may grant or deny such relief if
426the registered career offender demonstrates to the court that he
427or she has not been arrested for any crime since release and the
428court is otherwise satisfied that the registered career offender
429is not a current or potential threat to public safety. The state
430attorney in the circuit in which the petition is filed must be
431given notice of the petition at least 3 weeks before the hearing
432on the matter. The state attorney may present evidence in
433opposition to the requested relief or may otherwise demonstrate
434the reasons why the petition should be denied. If the court
435denies the petition, the court may set a future date at which
436the registered career offender may again petition the court for
437relief, subject to the standards for relief provided in this
438paragraph. The department shall remove a person from
439classification as a career offender or murderer for purposes of
440registration if the person provides to the department a
441certified copy of the court's written findings or order that
442indicates that the person is no longer required to comply with
443the requirements for registration as a career offender or
444murderer.
445     (6)(5)  COMMUNITY AND PUBLIC NOTIFICATION.--
446     (a)  Law enforcement agencies may inform the community and
447the public of the presence of a career offender or murderer in
448the community. Upon notification of the presence of a career
449offender or murderer, the sheriff of the county or the chief of
450police of the municipality where the career offender or murderer
451establishes or maintains a permanent or temporary residence may
452notify the community and the public of the presence of the
453career offender or murderer in a manner deemed appropriate by
454the sheriff or the chief of police.
455     (b)  The sheriff or the police chief may coordinate the
456community and public notification efforts with the department.
457Statewide notification to the public is authorized, as deemed
458appropriate by local law enforcement personnel and the
459department.
460     (7)(6)  VERIFICATION.--The department and the Department of
461Corrections shall implement a system for verifying the addresses
462of career offenders and murderers. The sheriff of each county
463shall annually verify the addresses of career offenders and
464murderers who are not under the care, custody, control, or
465supervision of the Department of Corrections. The sheriff shall
466promptly provide the address verification information to the
467department in an electronic format. The address verification
468information must include the verifying person's name, agency,
469and phone number, the date of verification, and the method of
470verification, and must specify whether the address information
471was verified as correct, incorrect, or unconfirmed.
472     (8)(7)  IMMUNITY.--The department, the Department of
473Highway Safety and Motor Vehicles, the Department of
474Corrections, any law enforcement agency in this state, and the
475personnel of those departments; an elected or appointed
476official, public employee, or school administrator; or an
477employee, agency, or any individual or entity acting at the
478request or upon the direction of any law enforcement agency is
479immune from civil liability for damages for good faith
480compliance with the requirements of this section or for the
481release of information under this section and shall be presumed
482to have acted in good faith in compiling, recording, reporting,
483or releasing the information. The presumption of good faith is
484not overcome if a technical or clerical error is made by the
485department, the Department of Highway Safety and Motor Vehicles,
486the Department of Corrections, the personnel of those
487departments, or any individual or entity acting at the request
488or upon the direction of any of those departments in compiling
489or providing information, or if information is incomplete or
490incorrect because a career offender or murderer fails to report
491or falsely reports his or her current place of permanent or
492temporary residence.
493     (9)(8)  PENALTIES.--
494     (a)  Except as otherwise specifically provided, a career
495offender or murderer who fails to register; who fails, after
496registration, to maintain, acquire, or renew a driver's license
497or identification card; who fails to provide required location
498information or change-of-name information; or who otherwise
499fails, by act or omission, to comply with the requirements of
500this section, commits a felony of the third degree, punishable
501as provided in s. 775.082 or, s. 775.083, or s. 775.084.
502     (b)  Any person who misuses public records information
503concerning a career offender or murderer, as defined in this
504section, or a career offender or murderer, as defined in s.
505944.608 or s. 944.609, to secure a payment from a such career
506offender or murderer; who knowingly distributes or publishes
507false information concerning such a career offender or murderer
508that which the person misrepresents as being public records
509information; or who materially alters public records information
510with the intent to misrepresent the information, including
511documents, summaries of public records information provided by
512law enforcement agencies, or public records information
513displayed by law enforcement agencies on websites or provided
514through other means of communication, commits a misdemeanor of
515the first degree, punishable as provided in s. 775.082 or s.
516775.083.
517     (10)(9)  PROSECUTIONS FOR ACTS OR OMISSIONS.--A career
518offender or murderer who commits any act or omission in
519violation of this section, s. 944.608, or s. 944.609 may be
520prosecuted for the act or omission in the county in which the
521act or omission was committed, the county of the last registered
522address of the career offender or murderer, the county in which
523the conviction occurred for the offense or offenses that meet
524the criteria for designating a person as a career offender or
525murderer, or in the county in which he or she was designated a
526career offender or murderer.
527     Section 4.  Section 944.608, Florida Statutes, is amended
528to read:
529     944.608  Notification to Department of Law Enforcement of
530information on career offenders and murderers.--
531     (1)  As used in this section, the term:
532     (a)  "Career offender" means a person who is in the custody
533or control of, or under the supervision of, the department or is
534in the custody or control of, or under the supervision of, a
535private correctional facility, and who is designated as a
536habitual violent felony offender, a violent career criminal, or
537a three-time violent felony offender under s. 775.084 or as a
538prison releasee reoffender under s. 775.082(9).
539     (b)  "Murderer" means any person who has been convicted of
540murder as described in s. 782.04 or in any comparable law of any
541other jurisdiction.
542     (2)  If a career offender or murderer is not sentenced to a
543term of imprisonment, the clerk of the court shall ensure that
544the career offender's fingerprints of the career offender or
545murderer are taken and forwarded to the Department of Law
546Enforcement within 48 hours after the court sentences the career
547offender or murderer. The fingerprint card shall be clearly
548marked "Career Offender Registration Card." or "Murderer
549Registration Card."
550     (3)  A career offender or murderer who is under the
551supervision of the department but is not incarcerated must
552register with the department and provide his or her name; date
553of birth; social security number; race; gender; height; weight;
554hair and eye color; tattoos or other identifying marks; and
555permanent or legal residence and address of temporary residence
556within the state or out of state while the career offender or
557murderer is under supervision in this state, including any rural
558route address or post office box. The department shall verify
559the address of each career offender or murderer.
560     (4)  In addition to notification and transmittal
561requirements imposed by any other provision of law, the
562department shall compile information on any career offender or
563murderer and provide the information to the Department of Law
564Enforcement. The information shall be made available
565electronically to the Department of Law Enforcement as soon as
566this information is in the department's database and must be in
567a format that is compatible with the requirements of the Florida
568Crime Information Center.
569     (5)  The information provided to the Department of Law
570Enforcement must include:
571     (a)  The information obtained from the career offender or
572murderer under subsection (3).;
573     (b)  The career offender's or murderer's most current
574address and place of permanent and temporary residence within
575the state or out of state while the career offender or murderer
576is under supervision in this state, including the name of the
577county or municipality in which the career offender or murderer
578permanently or temporarily resides and, if known, the intended
579place of permanent or temporary residence upon satisfaction of
580all sanctions.;
581     (c)  The legal status of the career offender or murderer
582and the scheduled termination date of that legal status.;
583     (d)  The location of, and local telephone number for, any
584Department of Corrections' office that is responsible for
585supervising the career offender or murderer.; and
586     (e)  A digitized photograph of the career offender or
587murderer, which must have been taken within 60 days before the
588career offender or murderer is released from the custody of the
589department or a private correctional facility or within 60 days
590after the onset of the department's supervision of any career
591offender or murderer who is on probation, community control,
592conditional release, parole, provisional release, or control
593release. If the career offender or murderer is in the custody or
594control of, or under the supervision of, a private correctional
595facility, the facility shall take a digitized photograph of the
596career offender or murderer within the time period provided in
597this paragraph and shall provide the photograph to the
598department.
599     (6)(a)  The department shall notify the Department of Law
600Enforcement if the career offender or murderer escapes,
601absconds, or dies while in the custody or control of, or under
602the supervision of, the department.
603     (b)  If any information provided by the department changes
604during the time the career offender or murderer is under the
605department's custody, control, or supervision, including any
606change in the career offender's or murderer's name by reason of
607marriage or other legal process, the department shall, in a
608timely manner, update the information and provide it to the
609Department of Law Enforcement in the manner prescribed in
610subsection (4).
611     (7)  A career offender or murderer who is under the
612supervision of the department but who is not incarcerated shall,
613in addition to the registration requirements provided in
614subsection (3), register in the manner provided in s.
615775.261(5)(4)(c), unless the career offender or murderer is a
616sexual predator, in which case he or she shall register as
617required under s. 775.21;, or is a sexual offender, in which
618case he or she shall register as required in s. 944.607; or is a
619murderer, in which case he or she shall register as required in
620s. 775.261. A career offender who fails to comply with the
621requirements of s. 775.261(4) is subject to the penalties
622provided in that section s. 775.261(8).
623     (8)  The failure of a career offender or murderer to submit
624to the taking of a digitized photograph, or to otherwise comply
625with the requirements of this section, is a felony of the third
626degree, punishable as provided in s. 775.082 or, s. 775.083, or
627s. 775.084.
628     (9)  The department, the Department of Highway Safety and
629Motor Vehicles, the Department of Law Enforcement, personnel of
630those departments, and any individual or entity acting at the
631request or upon the direction of those departments are immune
632from civil liability for damages for good faith compliance with
633this section, and shall be presumed to have acted in good faith
634in compiling, recording, reporting, or providing information.
635The presumption of good faith is not overcome if technical or
636clerical errors are made by the department, the Department of
637Highway Safety and Motor Vehicles, the Department of Law
638Enforcement, personnel of those departments, or any individual
639or entity acting at the request or upon the direction of those
640departments in compiling, recording, reporting, or providing
641information, or, if the information is incomplete or incorrect
642because the information has not been provided by a person or
643agency required to provide the information, or because the
644information was not reported or was falsely reported.
645     Section 5.  Section 944.609, Florida Statutes, is amended
646to read:
647     944.609  Career offenders and murderers; notification upon
648release.--
649     (1)  As used in this section, the term:
650     (a)  "Career offender" means a person who is in the custody
651or control of, or under the supervision of, the department or is
652in the custody or control of, or under the supervision of a
653private correctional facility, who is designated as a habitual
654violent felony offender, a violent career criminal, or a three-
655time violent felony offender under s. 775.084 or as a prison
656releasee reoffender under s. 775.082(9).
657     (b)  "Murderer" means any person who has been convicted of
658murder as described in s. 782.04 or any comparable law of any
659other jurisdiction.
660     (2)  The Legislature finds that certain career offenders
661and murderers, by virtue of their histories of offenses, present
662a threat to the public and to communities. The Legislature finds
663that requiring these career offenders and murderers to register
664for the purpose of tracking the career offenders and murderers
665and providing for notifying the public and a community of the
666presence of a career offender or murderer are important aids to
667law enforcement agencies, the public, and communities if the
668career offender or murderer engages again in criminal conduct.
669Registration is intended to aid law enforcement agencies in
670timely apprehending a career offender or murderer. Registration
671is not a punishment, but merely a status. Notification to the
672public and communities of the presence of a career offender or
673murderer aids the public and communities in avoiding being
674victimized by the career offender or murderer. The Legislature
675intends to require the registration of career offenders and
676murderers and to authorize law enforcement agencies to notify
677the public and communities of the presence of a career offender
678or murderer.
679     (3)(a)  The department must provide information regarding
680any career offender or murderer who is being released after
681serving a period of incarceration for any offense, as follows:
682     1.  The department must provide the career offender's or
683murderer's name, any change in the career offender's or
684murderer's name by reason of marriage or other legal process,
685and any alias, if known; the correctional facility from which
686the career offender or murderer is released; the career
687offender's or murderer's social security number, race, gender,
688date of birth, height, weight, and hair and eye color; date and
689county of sentence and each crime for which the career offender
690or murderer was sentenced; a copy of the career offender's or
691murderer's fingerprints and a digitized photograph taken within
69260 days before release; the date of release of the career
693offender or murderer; and the career offender's or murderer's
694intended residence address, if known. The department shall
695notify the Department of Law Enforcement if the career offender
696or murderer escapes, absconds, or dies. If the career offender
697or murderer is in the custody of a private correctional
698facility, the facility shall take the digitized photograph of
699the career offender or murderer within 60 days before the career
700offender's or murderer's release and provide this photograph to
701the Department of Corrections and also place it in the career
702offender's or murderer's file. If the career offender or
703murderer is in the custody of a local jail, the custodian of the
704local jail shall notify the Department of Law Enforcement of the
705career offender's or murderer's release and provide to the
706Department of Law Enforcement the information specified in this
707paragraph and any information specified in subparagraph 2. that
708which the Department of Law Enforcement requests.
709     2.  The department may provide any other information deemed
710necessary, including criminal and corrections records and
711nonprivileged personnel and treatment records, when available.
712     (b)  The department must provide the information described
713in subparagraph (a)1. to:
714     1.  The sheriff of the county where the career offender or
715murderer was sentenced;
716     2.  The sheriff of the county and, if applicable, the
717police chief of the municipality, where the career offender or
718murderer plans to reside;
719     3.  The Department of Law Enforcement;
720     4.  When requested, the victim of the offense, the victim's
721parent or legal guardian if the victim is a minor, the lawful
722representative of the victim or of the victim's parent or
723guardian if the victim is a minor, or the next of kin if the
724victim is a homicide victim; and
725     5.  Any person who requests such information,
726
727within 6 months prior to the anticipated release of a career
728offender or murderer or as soon as possible if a career offender
729or murderer is released earlier than anticipated. All such
730information provided to the Department of Law Enforcement must
731be available electronically as soon as the information is in the
732agency's database and must be in a format that is compatible
733with the requirements of the Florida Crime Information Center.
734     (c)  Upon request, the department must provide the
735information described in subparagraph (a)2. to:
736     1.  The sheriff of the county where the career offender or
737murderer was sentenced; and
738     2.  The sheriff of the county and, if applicable, the
739police chief of the municipality, where the career offender or
740murderer plans to reside,
741
742within 6 months prior to the anticipated release of a career
743offender or murderer or as soon as possible if a career offender
744or murderer is released earlier than anticipated.
745     (d)  Upon receiving information regarding a career offender
746or murderer from the department, the Department of Law
747Enforcement, the sheriff, or the chief of police shall provide
748the information described in subparagraph (a)1. to any
749individual who requests such information and may release the
750information to the public in any manner deemed appropriate,
751unless the information is confidential or exempt from s.
752119.07(1) and s. 24(a), Art. I of the State Constitution.
753     (4)  The department or any law enforcement agency may
754notify the community and the public of the a career offender's
755presence of a career offender or murderer in the community.
756However, with respect to a career offender or murderer who has
757been found to be a sexual predator under s. 775.21, the
758Department of Law Enforcement or any other law enforcement
759agency must inform the community and the public of the career
760offender's or murderer's presence in the community, as provided
761in s. 775.21.
762     (5)  An elected or appointed official, public employee,
763school administrator or employee, or agency, or any individual
764or entity acting at the request or upon the direction of any law
765enforcement agency, is immune from civil liability for damages
766resulting from the good faith compliance with the requirements
767of this section or the release of information under this
768section.
769     Section 6.  This act shall take effect July 1, 2005.


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