HB 1387

1
A bill to be entitled
2An act relating to career offender and murderer
3registration; amending s. 775.13, F.S.; exempting a
4murderer who has registered under another provision of law
5from certain registration requirements; amending s.
6775.26, F.S.; providing legislative intent relating to
7registration of murderers and public notification;
8amending s. 775.261, F.S.; providing a short title;
9revising and providing definitions; providing criteria for
10the registration of persons convicted of murder; providing
11exemptions; requiring the clerk of court to secure and
12distribute fingerprints of a convicted murderer who is not
13sentenced to prison; requiring a person convicted of
14murder to register and provide certain information;
15requiring the sheriff to secure and distribute a photo and
16fingerprints of a registered murderer; requiring the
17Department of Highway Safety and Motor Vehicles to forward
18to the Department of Law Enforcement and the Department of
19Corrections certain of the information provided by a
20registered murderer; providing for notice to law
21enforcement officials of the residence of a registered
22murderer; providing criminal penalties for a murderer who
23fails to provide certain information regarding residence;
24providing for the adoption of guidelines governing
25registration as a murderer and dissemination of
26information regarding a murderer; providing for removal of
27a person from classification as a murderer; authorizing a
28law enforcement agency to notify the community that a
29person convicted of murder is present in the community;
30requiring development of a system to verify the address of
31persons convicted of murder; providing that a person
32convicted of murder commits a felony of the third degree
33if he or she fails to register or otherwise violates the
34act; specifying the locations in which a person convicted
35of murder may be prosecuted for violations of the act;
36amending s. 944.608, F.S.; defining the term "murderer";
37requiring the clerk of court to collect and distribute to
38the Department of Corrections the fingerprints of a
39murderer who is not sentenced to prison; providing for
40registration of a murderer who is not incarcerated;
41requiring a registered murderer to provide certain
42information; directing the department to compile
43information relating to registered murderers; providing
44for distribution of information compiled by the department
45to the Department of Law Enforcement; providing that a
46murderer who violates the section commits a felony of the
47third degree; amending s. 944.609, F.S.; defining the term
48"murderer"; providing legislative intent; directing the
49Department of Corrections to provide information regarding
50a murderer who is being released from incarceration to
51certain law enforcement officials and other persons;
52authorizing a law enforcement agency to notify the
53community that a murderer is present in the community;
54providing an effective date.
55
56Be It Enacted by the Legislature of the State of Florida:
57
58     Section 1.  Paragraphs (f) and (g) of subsection (5) of
59section 775.13, Florida Statutes, are amended, and paragraph (h)
60is added to said subsection, to read:
61     (5)  This section does not apply to an offender:
62     (f)  Who is a sexual offender and has registered as
63required in s. 943.0435 or s. 944.607; or
64     (g)  Who is a career offender who has registered as
65required in s. 775.261 or s. 944.609; or.
66     (h)  Who is a murderer who has registered as required in s.
67775.261.
68     Section 2.  Section 775.26, Florida Statutes, is amended to
69read:
70     775.26  Registration of career offenders and murderers;
71public notification; legislative findings and intent.--The
72Legislature finds that certain career offenders and murderers,
73by virtue of their histories of offenses, present a threat to
74the public and to communities. The Legislature finds that
75requiring these career offenders and murderers to register for
76the purpose of tracking them these career offenders and that
77providing for notification of notifying the public and a
78community of the presence of a career offender or murderer are
79important aids to law enforcement agencies, the public, and
80communities if a career offender or murderer engages again in
81criminal conduct. Registration is intended to aid law
82enforcement agencies in timely apprehending a career offender or
83murderer. Registration is not a punishment, but merely a status.
84Notification to the public and communities of the presence of a
85career offender or murderer aids the public and communities in
86avoiding victimization being victimized by a career offender or
87murderer. The Legislature intends to require the registration of
88career offenders and murderers and to authorize law enforcement
89agencies to notify the public and communities of the presence of
90a career offender or murderer.
91     Section 3.  Section 775.261, Florida Statutes, is amended
92to read:
93     775.261  The Florida Career Offender and Murderer
94Registration Act.--
95     (1)  SHORT TITLE.--This section may be cited as "The
96Florida Career Offender and Murderer Registration Act."
97     (2)  DEFINITIONS.--As used in this section, the term:
98     (a)  "Career offender" means any person who is designated
99as a habitual violent felony offender, a violent career
100criminal, or a three-time violent felony offender under s.
101775.084 or as a prison releasee reoffender under s. 775.082(9).
102     (b)  "Chief of police" means the chief law enforcement
103officer of a municipality.
104     (c)  "Community" means any county where the career offender
105or murderer lives or otherwise establishes or maintains a
106temporary or permanent residence.
107     (d)  "Conviction" or "convicted" means a determination of
108guilt that is the result of a trial or the entry of a plea of
109guilty or nolo contendere, regardless of whether adjudication is
110withheld. A conviction for a similar offense includes, but is
111not limited to, a conviction by a federal or military tribunal,
112including a court-martial conducted by the Armed Forces of the
113United States, and includes a conviction or entry of a plea of
114guilty or nolo contendere resulting in a sanction in any state
115of the United States or other jurisdiction.
116     (e)(d)  "Department" means the Department of Law
117Enforcement.
118     (f)(e)  "Entering the county" includes being discharged
119from a correctional facility, jail, or secure treatment facility
120within the county or being under supervision within the county
121with a career-offender designation as specified in paragraph
122(a).
123     (g)  "Murder" means the unlawful killing of a human being
124as described in s. 782.04 or in any comparable law of any other
125jurisdiction.
126     (h)  "Murderer" means any person who has been convicted of
127murder as described in s. 782.04 or under any comparable law of
128any other jurisdiction.
129     (i)(f)  "Permanent residence" means a place where the
130career offender or murderer abides, lodges, or resides for 14 or
131more consecutive days.
132     (j)(g)  "Temporary residence" means:
133     1.  A place where the career offender or murderer abides,
134lodges, or resides for a period of 14 or more days in the
135aggregate during any calendar year and which is not his or her
136the career offender's permanent address;
137     2.  For a career offender or murderer whose permanent
138residence is not in this state, a place where he or she the
139career offender is employed, practices a vocation, or is
140enrolled as a student for any period of time in this state; or
141     3.  A place where the career offender or murderer routinely
142abides, lodges, or resides for a period of 4 or more consecutive
143or nonconsecutive days in any month and which is not his or her
144the career offender's permanent residence, including any out-of-
145state address.
146     (3)  CRITERIA FOR REGISTRATION AS A CAREER OFFENDER.--
147     (a)  A career offender released on or after January 1,
1482003, from a sanction imposed in this state for a designation as
149a habitual violent felony offender, a violent career criminal,
150or a three-time violent felony offender under s. 775.084 or as a
151prison releasee reoffender under s. 775.082(9) must register as
152required under subsection (5)(4) and is subject to community and
153public notification as provided under subsection (6)(5). For
154purposes of this section, a sanction imposed in this state
155includes, but is not limited to, a fine, probation, community
156control, parole, conditional release, control release, or
157incarceration in a state prison, private correctional facility,
158or local detention facility, and:
159     1.  The career offender has not received a pardon for any
160felony or other qualified offense that is necessary for the
161operation of this paragraph; or
162     2.  A conviction of a felony or other qualified offense
163necessary to the operation of this paragraph has not been set
164aside in any postconviction proceeding.
165     (b)  This subsection section does not apply to any person
166who has been designated as a sexual predator and required to
167register under s. 775.21 or who is required to register as a
168sexual offender under s. 943.0435 or s. 944.607. However, if a
169person is no longer required to register as a sexual predator
170under s. 775.21 or as a sexual offender under s. 943.0435 or s.
171944.607, the person must register as a career offender under
172this subsection section if the person is otherwise designated as
173a career offender as provided in this section.
174     (c)  A person subject to registration as a career offender
175is not subject to registration as a convicted felon under s.
176775.13. However, if the person is no longer required to register
177as a career offender under subsection (5) this section, the
178person must register under s. 775.13 if required to do so under
179that section.
180     (d)  If a career offender is not sentenced to a term of
181imprisonment, the clerk of the court shall ensure that the
182career offender's fingerprints are taken and forwarded to the
183department within 48 hours after the court renders its finding
184that an offender is a career offender. The fingerprint card
185shall be clearly marked, "Career Offender Registration Card."
186     (4)  CRITERIA FOR REGISTRATION AS A CONVICTED MURDERER.--
187     (a)  A convicted murderer released on or after January 1,
1882006, from a sanction imposed in this state or in any other
189jurisdiction for murder must register as required under
190subsection (5) and is subject to community and public
191notification as provided under subsection (6). For purposes of
192this section, a sanction imposed in this state includes, but is
193not limited to, a fine, probation, community control, parole,
194conditional release, control release, or incarceration in a
195state prison, private correctional facility, or local detention
196facility, and:
197     1.  The murderer has not been granted a pardon for a murder
198that is the precondition for the application of this paragraph;
199or
200     2.  A conviction of the murder that is the precondition for
201the application of this paragraph has not been set aside in any
202postconviction proceeding.
203     (b)  This subsection does not apply to a person who has
204been designated as a sexual predator and is required to register
205under s. 775.21 or who is required to register as a sexual
206offender under s. 943.0435 or s. 944.607. However, if a person
207is no longer required to register as a sexual predator under s.
208775.21 or as a sexual offender under s. 943.607, the person must
209register as a murderer under this subsection if the person is
210otherwise designated as a murderer as provided in this section.
211     (c)  A person subject to registration as a murderer is not
212subject to registration as a career offender under subsection
213(3). However, if the person is no longer required to register as
214a murderer under subsection (5) and meets the criteria for
215registration as a career offender, the person must register as a
216career offender.
217     (d)  A person subject to registration as a murderer is not
218subject to registration as a convicted felon under s. 775.13.
219However, if the person is no longer required to register as a
220murderer under subsection (5), the person must register under s.
221775.13 if required to do so under that section.
222     (e)  If a murderer is not sentenced to a term of
223imprisonment, the clerk of court shall ensure that the
224murderer's fingerprints are taken and forwarded to the
225department within 48 hours after the court renders its finding
226that an offender is a murderer. The fingerprint card shall be
227clearly marked "Murderer Registration Card."
228     (5)(4)  REGISTRATION.--
229     (a)  A career offender or murderer must register with the
230department by providing the following information to the
231department, or to the sheriff's office in the county in which
232the career offender or murderer establishes or maintains a
233permanent or temporary residence, within 2 working days after
234establishing permanent or temporary residence in this state or
235within 2 working days after being released from the custody,
236control, or supervision of the Department of Corrections, or
237from the custody of a private correctional facility, or from the
238custody of any other jurisdiction:
239     1.  Name, social security number, age, race, gender, date
240of birth, height, weight, hair and eye color, photograph,
241address of legal residence and address of any current temporary
242residence within the state or out of state, including a rural
243route address or a post office box, date and place of any
244employment, date and place of each conviction, fingerprints, and
245a brief description of the crime or crimes committed by the
246career offender or murderer. A career offender or murderer may
247not provide a post office box in lieu of a physical residential
248address. If the career offender's or murderer's place of
249residence is a motor vehicle, trailer, mobile home, or
250manufactured home, as defined in chapter 320, the career
251offender or murderer shall also provide to the department
252written notice of the vehicle identification number; the license
253tag number; the registration number; and a description,
254including color scheme, of the motor vehicle, trailer, mobile
255home, or manufactured home. If a career offender's or murderer's
256place of residence is a vessel, live-aboard vessel, or
257houseboat, as defined in chapter 327, the career offender or
258murderer shall also provide to the department written notice of
259the hull identification number; the manufacturer's serial
260number; the name of the vessel, live-aboard vessel, or
261houseboat; the registration number; and a description, including
262color scheme, of the vessel, live-aboard vessel, or houseboat.
263     2.  Any other information determined necessary by the
264department, including criminal and corrections records;
265nonprivileged personnel and treatment records; and evidentiary
266genetic markers when available.
267
268A career offender or murderer must notify the department or the
269sheriff within 2 working days after any change in information
270required by this paragraph, including any change of name by
271reason of marriage or legal proceeding.
272     (b)  If a career offender or murderer registers with the
273sheriff's office, the sheriff shall take a photograph and a set
274of fingerprints of the career offender or murderer and forward
275the photographs and fingerprints to the department, along with
276the information that the career offender or murderer is required
277to provide under pursuant to this section.
278     (c)  Within 2 working days after the registration required
279under paragraph (a), a career offender or murderer who is not
280incarcerated and who resides in the community, including a
281career offender or murderer under the supervision of the
282Department of Corrections under pursuant to s. 944.608, shall
283register in person at a driver's license office of the
284Department of Highway Safety and Motor Vehicles and shall
285present proof of registration. At the driver's license office,
286the career offender or murderer shall:
287     1.  If otherwise qualified, secure a Florida driver's
288license, renew a Florida driver's license, or secure an
289identification card. The career offender or murderer shall
290identify himself or herself as a career offender or murderer who
291is required to comply with this section, provide his or her
292place of permanent or temporary residence, including a rural
293route address or a post office box, and submit to the taking of
294a photograph for use in issuing a driver's license, renewed
295license, or identification card, and for use by the department
296in maintaining current records of career offenders and
297murderers. The career offender or murderer may not provide a
298post office box in lieu of a physical residential address. If
299the career offender's or murderer's place of residence is a
300motor vehicle, trailer, mobile home, or manufactured home, as
301defined in chapter 320, the career offender or murderer shall
302also provide to the Department of Highway Safety and Motor
303Vehicles the vehicle identification number; the license tag
304number; the motor vehicle registration number; and a
305description, including color scheme, of the motor vehicle,
306trailer, mobile home, or manufactured home. If a career
307offender's or murderer's place of residence is a vessel, live-
308aboard vessel, or houseboat, as defined in chapter 327, the
309career offender or murderer shall also provide to the Department
310of Highway Safety and Motor Vehicles the hull identification
311number; the manufacturer's serial number; the name of the
312vessel, live-aboard vessel, or houseboat; the registration
313number; and a description, including color scheme, of the
314vessel, live-aboard vessel, or houseboat.
315     2.  Pay the costs assessed by the Department of Highway
316Safety and Motor Vehicles for issuing or renewing a driver's
317license or identification card as required by this section.
318     3.  Provide, upon request, any additional information
319necessary to confirm the identity of the career offender or
320murderer, including a set of fingerprints.
321     (d)  Each time a career offender's or murderer's driver's
322license or identification card is subject to renewal, and within
3232 working days after any change of the career offender's or
324murderer's residence or change in the career offender's or
325murderer's name by reason of marriage or other legal process,
326the career offender or murderer must report in person to a
327driver's license office, and shall be subject to the
328requirements specified in paragraph (c). The Department of
329Highway Safety and Motor Vehicles shall forward to the
330department and to the Department of Corrections all photographs
331and information provided by career offenders or murderers.
332Notwithstanding the restrictions set forth in s. 322.142, the
333Department of Highway Safety and Motor Vehicles may release a
334reproduction of a color-photograph or digital-image license to
335the department for purposes of public notification of career
336offenders or murderers as provided in this section.
337     (e)  If the career offender or murderer registers at an
338office of the department, the department must notify the sheriff
339and, if applicable, the police chief of the municipality, where
340the career offender or murderer maintains a residence within 48
341hours after he or she the career offender registers with the
342department.
343     (f)  A career offender or murderer who intends to establish
344residence in another state or jurisdiction other than the State
345of Florida shall report in person to the sheriff of the county
346of current residence or the department within 2 working days
347before the date he or she intends to leave this state to
348establish residence in another state or jurisdiction other than
349the State of Florida. If the career offender or murderer is
350under the supervision of the Department of Corrections, the
351career offender or murderer shall notify the supervising
352probation officer of his or her intent to transfer supervision,
353satisfy all transfer requirements under pursuant to the
354Interstate Compact for Supervision of Adult Offenders, as
355provided in s. 949.07, and abide by the decision of the
356receiving jurisdiction to accept or deny transfer. The career
357offender or murderer must provide to the sheriff or department
358the address, municipality, county, and state of intended
359residence. The sheriff shall promptly provide to the department
360the information received from the career offender or murderer.
361The failure of a career offender or murderer to provide his or
362her intended place of residence is punishable as provided in
363subsection (9)(8).
364     (g)  A career offender or murderer who indicates his or her
365intent to reside in a state or jurisdiction other than the State
366of Florida and later decides to remain in this state shall,
367within 2 working days after the date upon which the career
368offender or murderer indicated he or she would leave this state,
369report in person to the sheriff or the department, whichever
370agency is the agency to which the career offender or murderer
371reported the intended change of residence, of his or her intent
372to remain in this state. If the sheriff is notified by the
373career offender or murderer that he or she intends to remain in
374this state, the sheriff shall promptly report this information
375to the department. A career offender or murderer who reports his
376or her intent to reside in a state or jurisdiction other than
377the State of Florida, but who remains in this state without
378reporting to the sheriff or the department in the manner
379required by this paragraph, commits a felony of the second
380degree, punishable as provided in s. 775.082 or, s. 775.083, or
381s. 775.084.
382     (h)1.  The department shall maintain on-line computer
383access to the current information regarding each registered
384career offender and murderer. The department must maintain
385hotline access so that state, local, and federal law enforcement
386agencies may obtain instantaneous locator file and criminal
387characteristics information on release and registration of
388career offenders and murderers for purposes of monitoring,
389tracking, and prosecution. The photograph and fingerprints need
390not be stored in a computerized format.
391     2.  The department's career offender and murderer
392registration lists list, containing the information described in
393subparagraph (a)1., are subject to chapter 119 is a public
394record. The department may disseminate this public information
395by any means deemed appropriate, including operating a toll-free
396telephone number for this purpose. When the department provides
397information regarding a career offender or murderer to the
398public, department personnel must advise the person making the
399inquiry that positive identification of a person believed to be
400a career offender or murderer cannot be established unless a
401fingerprint comparison is made, and that it is illegal to use
402public information regarding a career offender or murderer to
403facilitate the commission of a crime.
404     3.  The department shall adopt guidelines as necessary
405regarding the registration of a career offender or murderer and
406the dissemination of information regarding a career offender or
407murderer as required by this section.
408     (i)  A career offender or murderer must maintain
409registration with the department for the duration of his or her
410life, unless the career offender or murderer has received a full
411pardon or has had a conviction set aside in a postconviction
412proceeding for any offense that meets the criteria for
413classifying the person as a career offender or murderer for
414purposes of registration. However, a registered career offender
415who has been lawfully released from confinement, supervision, or
416sanction, whichever is later, for at least 20 years and has not
417been arrested for any felony or misdemeanor offense since
418release may petition the criminal division of the circuit court
419of the circuit in which the registered career offender resides
420for the purpose of removing the requirement for registration as
421a career offender. The court may grant or deny such relief if
422the registered career offender demonstrates to the court that he
423or she has not been arrested for any crime since release and the
424court is otherwise satisfied that the registered career offender
425is not a current or potential threat to public safety. The state
426attorney in the circuit in which the petition is filed must be
427given notice of the petition at least 3 weeks before the hearing
428on the matter. The state attorney may present evidence in
429opposition to the requested relief or may otherwise demonstrate
430the reasons why the petition should be denied. If the court
431denies the petition, the court may set a future date at which
432the registered career offender may again petition the court for
433relief, subject to the standards for relief provided in this
434paragraph. The department shall remove a person from
435classification as a career offender or murderer for purposes of
436registration if the person provides to the department a
437certified copy of the court's written findings or order that
438indicates that the person is no longer required to comply with
439the requirements for registration as a career offender or
440murderer.
441     (6)(5)  COMMUNITY AND PUBLIC NOTIFICATION.--
442     (a)  Law enforcement agencies may inform the community and
443the public of the presence of a career offender or murderer in
444the community. Upon notification of the presence of a career
445offender or murderer, the sheriff of the county or the chief of
446police of the municipality where the career offender or murderer
447establishes or maintains a permanent or temporary residence may
448notify the community and the public of the presence of the
449career offender or murderer in a manner deemed appropriate by
450the sheriff or the chief of police.
451     (b)  The sheriff or the police chief may coordinate the
452community and public notification efforts with the department.
453Statewide notification to the public is authorized, as deemed
454appropriate by local law enforcement personnel and the
455department.
456     (7)(6)  VERIFICATION.--The department and the Department of
457Corrections shall implement a system for verifying the addresses
458of career offenders and murderers. The sheriff of each county
459shall annually verify the addresses of career offenders and
460murderers who are not under the care, custody, control, or
461supervision of the Department of Corrections. The sheriff shall
462promptly provide the address verification information to the
463department in an electronic format. The address verification
464information must include the verifying person's name, agency,
465and phone number, the date of verification, and the method of
466verification, and must specify whether the address information
467was verified as correct, incorrect, or unconfirmed.
468     (8)(7)  IMMUNITY.--The department, the Department of
469Highway Safety and Motor Vehicles, the Department of
470Corrections, any law enforcement agency in this state, and the
471personnel of those departments; an elected or appointed
472official, public employee, or school administrator; or an
473employee, agency, or any individual or entity acting at the
474request or upon the direction of any law enforcement agency is
475immune from civil liability for damages for good faith
476compliance with the requirements of this section or for the
477release of information under this section and shall be presumed
478to have acted in good faith in compiling, recording, reporting,
479or releasing the information. The presumption of good faith is
480not overcome if a technical or clerical error is made by the
481department, the Department of Highway Safety and Motor Vehicles,
482the Department of Corrections, the personnel of those
483departments, or any individual or entity acting at the request
484or upon the direction of any of those departments in compiling
485or providing information, or if information is incomplete or
486incorrect because a career offender or murderer fails to report
487or falsely reports his or her current place of permanent or
488temporary residence.
489     (9)(8)  PENALTIES.--
490     (a)  Except as otherwise specifically provided, a career
491offender or murderer who fails to register; who fails, after
492registration, to maintain, acquire, or renew a driver's license
493or identification card; who fails to provide required location
494information or change-of-name information; or who otherwise
495fails, by act or omission, to comply with the requirements of
496this section, commits a felony of the third degree, punishable
497as provided in s. 775.082 or, s. 775.083, or s. 775.084.
498     (b)  Any person who misuses public records information
499concerning a career offender or murderer, as defined in this
500section, or a career offender or murderer, as defined in s.
501944.608 or s. 944.609, to secure a payment from a such career
502offender or murderer; who knowingly distributes or publishes
503false information concerning such a career offender or murderer
504that which the person misrepresents as being public records
505information; or who materially alters public records information
506with the intent to misrepresent the information, including
507documents, summaries of public records information provided by
508law enforcement agencies, or public records information
509displayed by law enforcement agencies on websites or provided
510through other means of communication, commits a misdemeanor of
511the first degree, punishable as provided in s. 775.082 or s.
512775.083.
513     (10)(9)  PROSECUTIONS FOR ACTS OR OMISSIONS.--A career
514offender or murderer who commits any act or omission in
515violation of this section, s. 944.608, or s. 944.609 may be
516prosecuted for the act or omission in the county in which the
517act or omission was committed, the county of the last registered
518address of the career offender or murderer, the county in which
519the conviction occurred for the offense or offenses that meet
520the criteria for designating a person as a career offender or
521murderer, or in the county in which he or she was designated a
522career offender or murderer.
523     Section 4.  Section 944.608, Florida Statutes, is amended
524to read:
525     944.608  Notification to Department of Law Enforcement of
526information on career offenders and murderers.--
527     (1)  As used in this section, the term:
528     (a)  "Career offender" means a person who is in the custody
529or control of, or under the supervision of, the department or is
530in the custody or control of, or under the supervision of, a
531private correctional facility, and who is designated as a
532habitual violent felony offender, a violent career criminal, or
533a three-time violent felony offender under s. 775.084 or as a
534prison releasee reoffender under s. 775.082(9).
535     (b)  "Murderer" means any person who has been convicted of
536murder as described in s. 782.04 or in any comparable law of any
537other jurisdiction.
538     (2)  If a career offender or murderer is not sentenced to a
539term of imprisonment, the clerk of the court shall ensure that
540the career offender's fingerprints of the career offender or
541murderer are taken and forwarded to the Department of Law
542Enforcement within 48 hours after the court sentences the career
543offender or murderer. The fingerprint card shall be clearly
544marked "Career Offender Registration Card." or "Murderer
545Registration Card."
546     (3)  A career offender or murderer who is under the
547supervision of the department but is not incarcerated must
548register with the department and provide his or her name; date
549of birth; social security number; race; gender; height; weight;
550hair and eye color; tattoos or other identifying marks; and
551permanent or legal residence and address of temporary residence
552within the state or out of state while the career offender or
553murderer is under supervision in this state, including any rural
554route address or post office box. The department shall verify
555the address of each career offender or murderer.
556     (4)  In addition to notification and transmittal
557requirements imposed by any other provision of law, the
558department shall compile information on any career offender or
559murderer and provide the information to the Department of Law
560Enforcement. The information shall be made available
561electronically to the Department of Law Enforcement as soon as
562this information is in the department's database and must be in
563a format that is compatible with the requirements of the Florida
564Crime Information Center.
565     (5)  The information provided to the Department of Law
566Enforcement must include:
567     (a)  The information obtained from the career offender or
568murderer under subsection (3).;
569     (b)  The career offender's or murderer's most current
570address and place of permanent and temporary residence within
571the state or out of state while the career offender or murderer
572is under supervision in this state, including the name of the
573county or municipality in which the career offender or murderer
574permanently or temporarily resides and, if known, the intended
575place of permanent or temporary residence upon satisfaction of
576all sanctions.;
577     (c)  The legal status of the career offender or murderer
578and the scheduled termination date of that legal status.;
579     (d)  The location of, and local telephone number for, any
580Department of Corrections' office that is responsible for
581supervising the career offender or murderer.; and
582     (e)  A digitized photograph of the career offender or
583murderer, which must have been taken within 60 days before the
584career offender or murderer is released from the custody of the
585department or a private correctional facility or within 60 days
586after the onset of the department's supervision of any career
587offender or murderer who is on probation, community control,
588conditional release, parole, provisional release, or control
589release. If the career offender or murderer is in the custody or
590control of, or under the supervision of, a private correctional
591facility, the facility shall take a digitized photograph of the
592career offender or murderer within the time period provided in
593this paragraph and shall provide the photograph to the
594department.
595     (6)(a)  The department shall notify the Department of Law
596Enforcement if the career offender or murderer escapes,
597absconds, or dies while in the custody or control of, or under
598the supervision of, the department.
599     (b)  If any information provided by the department changes
600during the time the career offender or murderer is under the
601department's custody, control, or supervision, including any
602change in the career offender's or murderer's name by reason of
603marriage or other legal process, the department shall, in a
604timely manner, update the information and provide it to the
605Department of Law Enforcement in the manner prescribed in
606subsection (4).
607     (7)  A career offender or murderer who is under the
608supervision of the department but who is not incarcerated shall,
609in addition to the registration requirements provided in
610subsection (3), register in the manner provided in s.
611775.261(5)(4)(c), unless the career offender or murderer is a
612sexual predator, in which case he or she shall register as
613required under s. 775.21;, or is a sexual offender, in which
614case he or she shall register as required in s. 944.607; or is a
615murderer, in which case he or she shall register as required in
616s. 775.261. A career offender who fails to comply with the
617requirements of s. 775.261(4) is subject to the penalties
618provided in that section s. 775.261(8).
619     (8)  The failure of a career offender or murderer to submit
620to the taking of a digitized photograph, or to otherwise comply
621with the requirements of this section, is a felony of the third
622degree, punishable as provided in s. 775.082 or, s. 775.083, or
623s. 775.084.
624     (9)  The department, the Department of Highway Safety and
625Motor Vehicles, the Department of Law Enforcement, personnel of
626those departments, and any individual or entity acting at the
627request or upon the direction of those departments are immune
628from civil liability for damages for good faith compliance with
629this section, and shall be presumed to have acted in good faith
630in compiling, recording, reporting, or providing information.
631The presumption of good faith is not overcome if technical or
632clerical errors are made by the department, the Department of
633Highway Safety and Motor Vehicles, the Department of Law
634Enforcement, personnel of those departments, or any individual
635or entity acting at the request or upon the direction of those
636departments in compiling, recording, reporting, or providing
637information, or, if the information is incomplete or incorrect
638because the information has not been provided by a person or
639agency required to provide the information, or because the
640information was not reported or was falsely reported.
641     Section 5.  Section 944.609, Florida Statutes, is amended
642to read:
643     944.609  Career offenders and murderers; notification upon
644release.--
645     (1)  As used in this section, the term:
646     (a)  "Career offender" means a person who is in the custody
647or control of, or under the supervision of, the department or is
648in the custody or control of, or under the supervision of a
649private correctional facility, who is designated as a habitual
650violent felony offender, a violent career criminal, or a three-
651time violent felony offender under s. 775.084 or as a prison
652releasee reoffender under s. 775.082(9).
653     (b)  "Murderer" means any person who has been convicted of
654murder as described in s. 782.04 or any comparable law of any
655other jurisdiction.
656     (2)  The Legislature finds that certain career offenders
657and murderers, by virtue of their histories of offenses, present
658a threat to the public and to communities. The Legislature finds
659that requiring these career offenders and murderers to register
660for the purpose of tracking the career offenders and murderers
661and providing for notifying the public and a community of the
662presence of a career offender or murderer are important aids to
663law enforcement agencies, the public, and communities if the
664career offender or murderer engages again in criminal conduct.
665Registration is intended to aid law enforcement agencies in
666timely apprehending a career offender or murderer. Registration
667is not a punishment, but merely a status. Notification to the
668public and communities of the presence of a career offender or
669murderer aids the public and communities in avoiding being
670victimized by the career offender or murderer. The Legislature
671intends to require the registration of career offenders and
672murderers and to authorize law enforcement agencies to notify
673the public and communities of the presence of a career offender
674or murderer.
675     (3)(a)  The department must provide information regarding
676any career offender or murderer who is being released after
677serving a period of incarceration for any offense, as follows:
678     1.  The department must provide the career offender's or
679murderer's name, any change in the career offender's or
680murderer's name by reason of marriage or other legal process,
681and any alias, if known; the correctional facility from which
682the career offender or murderer is released; the career
683offender's or murderer's social security number, race, gender,
684date of birth, height, weight, and hair and eye color; date and
685county of sentence and each crime for which the career offender
686or murderer was sentenced; a copy of the career offender's or
687murderer's fingerprints and a digitized photograph taken within
68860 days before release; the date of release of the career
689offender or murderer; and the career offender's or murderer's
690intended residence address, if known. The department shall
691notify the Department of Law Enforcement if the career offender
692or murderer escapes, absconds, or dies. If the career offender
693or murderer is in the custody of a private correctional
694facility, the facility shall take the digitized photograph of
695the career offender or murderer within 60 days before the career
696offender's or murderer's release and provide this photograph to
697the Department of Corrections and also place it in the career
698offender's or murderer's file. If the career offender or
699murderer is in the custody of a local jail, the custodian of the
700local jail shall notify the Department of Law Enforcement of the
701career offender's or murderer's release and provide to the
702Department of Law Enforcement the information specified in this
703paragraph and any information specified in subparagraph 2. that
704which the Department of Law Enforcement requests.
705     2.  The department may provide any other information deemed
706necessary, including criminal and corrections records and
707nonprivileged personnel and treatment records, when available.
708     (b)  The department must provide the information described
709in subparagraph (a)1. to:
710     1.  The sheriff of the county where the career offender or
711murderer was sentenced;
712     2.  The sheriff of the county and, if applicable, the
713police chief of the municipality, where the career offender or
714murderer plans to reside;
715     3.  The Department of Law Enforcement;
716     4.  When requested, the victim of the offense, the victim's
717parent or legal guardian if the victim is a minor, the lawful
718representative of the victim or of the victim's parent or
719guardian if the victim is a minor, or the next of kin if the
720victim is a homicide victim; and
721     5.  Any person who requests such information,
722
723within 6 months prior to the anticipated release of a career
724offender or murderer or as soon as possible if a career offender
725or murderer is released earlier than anticipated. All such
726information provided to the Department of Law Enforcement must
727be available electronically as soon as the information is in the
728agency's database and must be in a format that is compatible
729with the requirements of the Florida Crime Information Center.
730     (c)  Upon request, the department must provide the
731information described in subparagraph (a)2. to:
732     1.  The sheriff of the county where the career offender or
733murderer was sentenced; and
734     2.  The sheriff of the county and, if applicable, the
735police chief of the municipality, where the career offender or
736murderer plans to reside,
737
738within 6 months prior to the anticipated release of a career
739offender or murderer or as soon as possible if a career offender
740or murderer is released earlier than anticipated.
741     (d)  Upon receiving information regarding a career offender
742or murderer from the department, the Department of Law
743Enforcement, the sheriff, or the chief of police shall provide
744the information described in subparagraph (a)1. to any
745individual who requests such information and may release the
746information to the public in any manner deemed appropriate,
747unless the information is confidential or exempt from s.
748119.07(1) and s. 24(a), Art. I of the State Constitution.
749     (4)  The department or any law enforcement agency may
750notify the community and the public of the a career offender's
751presence of a career offender or murderer in the community.
752However, with respect to a career offender or murderer who has
753been found to be a sexual predator under s. 775.21, the
754Department of Law Enforcement or any other law enforcement
755agency must inform the community and the public of the career
756offender's or murderer's presence in the community, as provided
757in s. 775.21.
758     (5)  An elected or appointed official, public employee,
759school administrator or employee, or agency, or any individual
760or entity acting at the request or upon the direction of any law
761enforcement agency, is immune from civil liability for damages
762resulting from the good faith compliance with the requirements
763of this section or the release of information under this
764section.
765     Section 6.  This act shall take effect July 1, 2005.


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