1 | A bill to be entitled |
2 | An act relating to career offender and murderer |
3 | registration; amending s. 775.13, F.S.; exempting a |
4 | murderer who has registered under another provision of law |
5 | from certain registration requirements; amending s. |
6 | 775.26, F.S.; providing legislative intent relating to |
7 | registration of murderers and public notification; |
8 | amending s. 775.261, F.S.; providing a short title; |
9 | revising and providing definitions; providing criteria for |
10 | the registration of persons convicted of murder; providing |
11 | exemptions; requiring the clerk of court to secure and |
12 | distribute fingerprints of a convicted murderer who is not |
13 | sentenced to prison; requiring a person convicted of |
14 | murder to register and provide certain information; |
15 | requiring the sheriff to secure and distribute a photo and |
16 | fingerprints of a registered murderer; requiring the |
17 | Department of Highway Safety and Motor Vehicles to forward |
18 | to the Department of Law Enforcement and the Department of |
19 | Corrections certain of the information provided by a |
20 | registered murderer; providing for notice to law |
21 | enforcement officials of the residence of a registered |
22 | murderer; providing criminal penalties for a murderer who |
23 | fails to provide certain information regarding residence; |
24 | providing for the adoption of guidelines governing |
25 | registration as a murderer and dissemination of |
26 | information regarding a murderer; providing for removal of |
27 | a person from classification as a murderer; authorizing a |
28 | law enforcement agency to notify the community that a |
29 | person convicted of murder is present in the community; |
30 | requiring development of a system to verify the address of |
31 | persons convicted of murder; providing that a person |
32 | convicted of murder commits a felony of the third degree |
33 | if he or she fails to register or otherwise violates the |
34 | act; specifying the locations in which a person convicted |
35 | of murder may be prosecuted for violations of the act; |
36 | amending s. 944.608, F.S.; defining the term "murderer"; |
37 | requiring the clerk of court to collect and distribute to |
38 | the Department of Corrections the fingerprints of a |
39 | murderer who is not sentenced to prison; providing for |
40 | registration of a murderer who is not incarcerated; |
41 | requiring a registered murderer to provide certain |
42 | information; directing the department to compile |
43 | information relating to registered murderers; providing |
44 | for distribution of information compiled by the department |
45 | to the Department of Law Enforcement; providing that a |
46 | murderer who violates the section commits a felony of the |
47 | third degree; amending s. 944.609, F.S.; defining the term |
48 | "murderer"; providing legislative intent; directing the |
49 | Department of Corrections to provide information regarding |
50 | a murderer who is being released from incarceration to |
51 | certain law enforcement officials and other persons; |
52 | authorizing a law enforcement agency to notify the |
53 | community that a murderer is present in the community; |
54 | providing an effective date. |
55 |
|
56 | Be It Enacted by the Legislature of the State of Florida: |
57 |
|
58 | Section 1. Paragraphs (f) and (g) of subsection (5) of |
59 | section 775.13, Florida Statutes, are amended, and paragraph (h) |
60 | is 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 |
63 | required in s. 943.0435 or s. 944.607; or |
64 | (g) Who is a career offender who has registered as |
65 | required in s. 775.261 or s. 944.609; or. |
66 | (h) Who is a murderer who has registered as required in s. |
67 | 775.261. |
68 | Section 2. Section 775.26, Florida Statutes, is amended to |
69 | read: |
70 | 775.26 Registration of career offenders and murderers; |
71 | public notification; legislative findings and intent.--The |
72 | Legislature finds that certain career offenders and murderers, |
73 | by virtue of their histories of offenses, present a threat to |
74 | the public and to communities. The Legislature finds that |
75 | requiring these career offenders and murderers to register for |
76 | the purpose of tracking them these career offenders and that |
77 | providing for notification of notifying the public and a |
78 | community of the presence of a career offender or murderer are |
79 | important aids to law enforcement agencies, the public, and |
80 | communities if a career offender or murderer engages again in |
81 | criminal conduct. Registration is intended to aid law |
82 | enforcement agencies in timely apprehending a career offender or |
83 | murderer. Registration is not a punishment, but merely a status. |
84 | Notification to the public and communities of the presence of a |
85 | career offender or murderer aids the public and communities in |
86 | avoiding victimization being victimized by a career offender or |
87 | murderer. The Legislature intends to require the registration of |
88 | career offenders and murderers and to authorize law enforcement |
89 | agencies to notify the public and communities of the presence of |
90 | a career offender or murderer. |
91 | Section 3. Section 775.261, Florida Statutes, is amended |
92 | to read: |
93 | 775.261 The Florida Career Offender and Murderer |
94 | Registration Act.-- |
95 | (1) SHORT TITLE.--This section may be cited as "The |
96 | Florida 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 |
99 | as a habitual violent felony offender, a violent career |
100 | criminal, or a three-time violent felony offender under s. |
101 | 775.084 or as a prison releasee reoffender under s. 775.082(9). |
102 | (b) "Chief of police" means the chief law enforcement |
103 | officer of a municipality. |
104 | (c) "Community" means any county where the career offender |
105 | or murderer lives or otherwise establishes or maintains a |
106 | temporary or permanent residence. |
107 | (d) "Conviction" or "convicted" means a determination of |
108 | guilt that is the result of a trial or the entry of a plea of |
109 | guilty or nolo contendere, regardless of whether adjudication is |
110 | withheld. A conviction for a similar offense includes, but is |
111 | not limited to, a conviction by a federal or military tribunal, |
112 | including a court-martial conducted by the Armed Forces of the |
113 | United States, and includes a conviction or entry of a plea of |
114 | guilty or nolo contendere resulting in a sanction in any state |
115 | of the United States or other jurisdiction. |
116 | (e)(d) "Department" means the Department of Law |
117 | Enforcement. |
118 | (f)(e) "Entering the county" includes being discharged |
119 | from a correctional facility, jail, or secure treatment facility |
120 | within the county or being under supervision within the county |
121 | with a career-offender designation as specified in paragraph |
122 | (a). |
123 | (g) "Murder" means the unlawful killing of a human being |
124 | as described in s. 782.04 or in any comparable law of any other |
125 | jurisdiction. |
126 | (h) "Murderer" means any person who has been convicted of |
127 | murder as described in s. 782.04 or under any comparable law of |
128 | any other jurisdiction. |
129 | (i)(f) "Permanent residence" means a place where the |
130 | career offender or murderer abides, lodges, or resides for 14 or |
131 | more consecutive days. |
132 | (j)(g) "Temporary residence" means: |
133 | 1. A place where the career offender or murderer abides, |
134 | lodges, or resides for a period of 14 or more days in the |
135 | aggregate during any calendar year and which is not his or her |
136 | the career offender's permanent address; |
137 | 2. For a career offender or murderer whose permanent |
138 | residence is not in this state, a place where he or she the |
139 | career offender is employed, practices a vocation, or is |
140 | enrolled as a student for any period of time in this state; or |
141 | 3. A place where the career offender or murderer routinely |
142 | abides, lodges, or resides for a period of 4 or more consecutive |
143 | or nonconsecutive days in any month and which is not his or her |
144 | the career offender's permanent residence, including any out-of- |
145 | state address. |
146 | (3) CRITERIA FOR REGISTRATION AS A CAREER OFFENDER.-- |
147 | (a) A career offender released on or after January 1, |
148 | 2003, from a sanction imposed in this state for a designation as |
149 | a habitual violent felony offender, a violent career criminal, |
150 | or a three-time violent felony offender under s. 775.084 or as a |
151 | prison releasee reoffender under s. 775.082(9) must register as |
152 | required under subsection (5)(4) and is subject to community and |
153 | public notification as provided under subsection (6)(5). For |
154 | purposes of this section, a sanction imposed in this state |
155 | includes, but is not limited to, a fine, probation, community |
156 | control, parole, conditional release, control release, or |
157 | incarceration in a state prison, private correctional facility, |
158 | or local detention facility, and: |
159 | 1. The career offender has not received a pardon for any |
160 | felony or other qualified offense that is necessary for the |
161 | operation of this paragraph; or |
162 | 2. A conviction of a felony or other qualified offense |
163 | necessary to the operation of this paragraph has not been set |
164 | aside in any postconviction proceeding. |
165 | (b) This subsection section does not apply to any person |
166 | who has been designated as a sexual predator and required to |
167 | register under s. 775.21 or who is required to register as a |
168 | sexual offender under s. 943.0435 or s. 944.607. However, if a |
169 | person is no longer required to register as a sexual predator |
170 | under s. 775.21 or as a sexual offender under s. 943.0435 or s. |
171 | 944.607, the person must register as a career offender under |
172 | this subsection section if the person is otherwise designated as |
173 | a career offender as provided in this section. |
174 | (c) A person subject to registration as a career offender |
175 | is not subject to registration as a convicted felon under s. |
176 | 775.13. However, if the person is no longer required to register |
177 | as a career offender under subsection (5) this section, the |
178 | person must register under s. 775.13 if required to do so under |
179 | that section. |
180 | (d) If a career offender is not sentenced to a term of |
181 | imprisonment, the clerk of the court shall ensure that the |
182 | career offender's fingerprints are taken and forwarded to the |
183 | department within 48 hours after the court renders its finding |
184 | that an offender is a career offender. The fingerprint card |
185 | shall 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, |
188 | 2006, from a sanction imposed in this state or in any other |
189 | jurisdiction for murder must register as required under |
190 | subsection (5) and is subject to community and public |
191 | notification as provided under subsection (6). For purposes of |
192 | this section, a sanction imposed in this state includes, but is |
193 | not limited to, a fine, probation, community control, parole, |
194 | conditional release, control release, or incarceration in a |
195 | state prison, private correctional facility, or local detention |
196 | facility, and: |
197 | 1. The murderer has not been granted a pardon for a murder |
198 | that is the precondition for the application of this paragraph; |
199 | or |
200 | 2. A conviction of the murder that is the precondition for |
201 | the application of this paragraph has not been set aside in any |
202 | postconviction proceeding. |
203 | (b) This subsection does not apply to a person who has |
204 | been designated as a sexual predator and is required to register |
205 | under s. 775.21 or who is required to register as a sexual |
206 | offender under s. 943.0435 or s. 944.607. However, if a person |
207 | is no longer required to register as a sexual predator under s. |
208 | 775.21 or as a sexual offender under s. 943.607, the person must |
209 | register as a murderer under this subsection if the person is |
210 | otherwise designated as a murderer as provided in this section. |
211 | (c) A person subject to registration as a murderer is not |
212 | subject to registration as a career offender under subsection |
213 | (3). However, if the person is no longer required to register as |
214 | a murderer under subsection (5) and meets the criteria for |
215 | registration as a career offender, the person must register as a |
216 | career offender. |
217 | (d) A person subject to registration as a murderer is not |
218 | subject to registration as a convicted felon under s. 775.13. |
219 | However, if the person is no longer required to register as a |
220 | murderer under subsection (5), the person must register under s. |
221 | 775.13 if required to do so under that section. |
222 | (e) If a murderer is not sentenced to a term of |
223 | imprisonment, the clerk of court shall ensure that the |
224 | murderer's fingerprints are taken and forwarded to the |
225 | department within 48 hours after the court renders its finding |
226 | that an offender is a murderer. The fingerprint card shall be |
227 | clearly marked "Murderer Registration Card." |
228 | (5)(4) REGISTRATION.-- |
229 | (a) A career offender or murderer must register with the |
230 | department by providing the following information to the |
231 | department, or to the sheriff's office in the county in which |
232 | the career offender or murderer establishes or maintains a |
233 | permanent or temporary residence, within 2 working days after |
234 | establishing permanent or temporary residence in this state or |
235 | within 2 working days after being released from the custody, |
236 | control, or supervision of the Department of Corrections, or |
237 | from the custody of a private correctional facility, or from the |
238 | custody of any other jurisdiction: |
239 | 1. Name, social security number, age, race, gender, date |
240 | of birth, height, weight, hair and eye color, photograph, |
241 | address of legal residence and address of any current temporary |
242 | residence within the state or out of state, including a rural |
243 | route address or a post office box, date and place of any |
244 | employment, date and place of each conviction, fingerprints, and |
245 | a brief description of the crime or crimes committed by the |
246 | career offender or murderer. A career offender or murderer may |
247 | not provide a post office box in lieu of a physical residential |
248 | address. If the career offender's or murderer's place of |
249 | residence is a motor vehicle, trailer, mobile home, or |
250 | manufactured home, as defined in chapter 320, the career |
251 | offender or murderer shall also provide to the department |
252 | written notice of the vehicle identification number; the license |
253 | tag number; the registration number; and a description, |
254 | including color scheme, of the motor vehicle, trailer, mobile |
255 | home, or manufactured home. If a career offender's or murderer's |
256 | place of residence is a vessel, live-aboard vessel, or |
257 | houseboat, as defined in chapter 327, the career offender or |
258 | murderer shall also provide to the department written notice of |
259 | the hull identification number; the manufacturer's serial |
260 | number; the name of the vessel, live-aboard vessel, or |
261 | houseboat; the registration number; and a description, including |
262 | color scheme, of the vessel, live-aboard vessel, or houseboat. |
263 | 2. Any other information determined necessary by the |
264 | department, including criminal and corrections records; |
265 | nonprivileged personnel and treatment records; and evidentiary |
266 | genetic markers when available. |
267 |
|
268 | A career offender or murderer must notify the department or the |
269 | sheriff within 2 working days after any change in information |
270 | required by this paragraph, including any change of name by |
271 | reason of marriage or legal proceeding. |
272 | (b) If a career offender or murderer registers with the |
273 | sheriff's office, the sheriff shall take a photograph and a set |
274 | of fingerprints of the career offender or murderer and forward |
275 | the photographs and fingerprints to the department, along with |
276 | the information that the career offender or murderer is required |
277 | to provide under pursuant to this section. |
278 | (c) Within 2 working days after the registration required |
279 | under paragraph (a), a career offender or murderer who is not |
280 | incarcerated and who resides in the community, including a |
281 | career offender or murderer under the supervision of the |
282 | Department of Corrections under pursuant to s. 944.608, shall |
283 | register in person at a driver's license office of the |
284 | Department of Highway Safety and Motor Vehicles and shall |
285 | present proof of registration. At the driver's license office, |
286 | the career offender or murderer shall: |
287 | 1. If otherwise qualified, secure a Florida driver's |
288 | license, renew a Florida driver's license, or secure an |
289 | identification card. The career offender or murderer shall |
290 | identify himself or herself as a career offender or murderer who |
291 | is required to comply with this section, provide his or her |
292 | place of permanent or temporary residence, including a rural |
293 | route address or a post office box, and submit to the taking of |
294 | a photograph for use in issuing a driver's license, renewed |
295 | license, or identification card, and for use by the department |
296 | in maintaining current records of career offenders and |
297 | murderers. The career offender or murderer may not provide a |
298 | post office box in lieu of a physical residential address. If |
299 | the career offender's or murderer's place of residence is a |
300 | motor vehicle, trailer, mobile home, or manufactured home, as |
301 | defined in chapter 320, the career offender or murderer shall |
302 | also provide to the Department of Highway Safety and Motor |
303 | Vehicles the vehicle identification number; the license tag |
304 | number; the motor vehicle registration number; and a |
305 | description, including color scheme, of the motor vehicle, |
306 | trailer, mobile home, or manufactured home. If a career |
307 | offender's or murderer's place of residence is a vessel, live- |
308 | aboard vessel, or houseboat, as defined in chapter 327, the |
309 | career offender or murderer shall also provide to the Department |
310 | of Highway Safety and Motor Vehicles the hull identification |
311 | number; the manufacturer's serial number; the name of the |
312 | vessel, live-aboard vessel, or houseboat; the registration |
313 | number; and a description, including color scheme, of the |
314 | vessel, live-aboard vessel, or houseboat. |
315 | 2. Pay the costs assessed by the Department of Highway |
316 | Safety and Motor Vehicles for issuing or renewing a driver's |
317 | license or identification card as required by this section. |
318 | 3. Provide, upon request, any additional information |
319 | necessary to confirm the identity of the career offender or |
320 | murderer, including a set of fingerprints. |
321 | (d) Each time a career offender's or murderer's driver's |
322 | license or identification card is subject to renewal, and within |
323 | 2 working days after any change of the career offender's or |
324 | murderer's residence or change in the career offender's or |
325 | murderer's name by reason of marriage or other legal process, |
326 | the career offender or murderer must report in person to a |
327 | driver's license office, and shall be subject to the |
328 | requirements specified in paragraph (c). The Department of |
329 | Highway Safety and Motor Vehicles shall forward to the |
330 | department and to the Department of Corrections all photographs |
331 | and information provided by career offenders or murderers. |
332 | Notwithstanding the restrictions set forth in s. 322.142, the |
333 | Department of Highway Safety and Motor Vehicles may release a |
334 | reproduction of a color-photograph or digital-image license to |
335 | the department for purposes of public notification of career |
336 | offenders or murderers as provided in this section. |
337 | (e) If the career offender or murderer registers at an |
338 | office of the department, the department must notify the sheriff |
339 | and, if applicable, the police chief of the municipality, where |
340 | the career offender or murderer maintains a residence within 48 |
341 | hours after he or she the career offender registers with the |
342 | department. |
343 | (f) A career offender or murderer who intends to establish |
344 | residence in another state or jurisdiction other than the State |
345 | of Florida shall report in person to the sheriff of the county |
346 | of current residence or the department within 2 working days |
347 | before the date he or she intends to leave this state to |
348 | establish residence in another state or jurisdiction other than |
349 | the State of Florida. If the career offender or murderer is |
350 | under the supervision of the Department of Corrections, the |
351 | career offender or murderer shall notify the supervising |
352 | probation officer of his or her intent to transfer supervision, |
353 | satisfy all transfer requirements under pursuant to the |
354 | Interstate Compact for Supervision of Adult Offenders, as |
355 | provided in s. 949.07, and abide by the decision of the |
356 | receiving jurisdiction to accept or deny transfer. The career |
357 | offender or murderer must provide to the sheriff or department |
358 | the address, municipality, county, and state of intended |
359 | residence. The sheriff shall promptly provide to the department |
360 | the information received from the career offender or murderer. |
361 | The failure of a career offender or murderer to provide his or |
362 | her intended place of residence is punishable as provided in |
363 | subsection (9)(8). |
364 | (g) A career offender or murderer who indicates his or her |
365 | intent to reside in a state or jurisdiction other than the State |
366 | of Florida and later decides to remain in this state shall, |
367 | within 2 working days after the date upon which the career |
368 | offender or murderer indicated he or she would leave this state, |
369 | report in person to the sheriff or the department, whichever |
370 | agency is the agency to which the career offender or murderer |
371 | reported the intended change of residence, of his or her intent |
372 | to remain in this state. If the sheriff is notified by the |
373 | career offender or murderer that he or she intends to remain in |
374 | this state, the sheriff shall promptly report this information |
375 | to the department. A career offender or murderer who reports his |
376 | or her intent to reside in a state or jurisdiction other than |
377 | the State of Florida, but who remains in this state without |
378 | reporting to the sheriff or the department in the manner |
379 | required by this paragraph, commits a felony of the second |
380 | degree, punishable as provided in s. 775.082 or, s. 775.083, or |
381 | s. 775.084. |
382 | (h)1. The department shall maintain on-line computer |
383 | access to the current information regarding each registered |
384 | career offender and murderer. The department must maintain |
385 | hotline access so that state, local, and federal law enforcement |
386 | agencies may obtain instantaneous locator file and criminal |
387 | characteristics information on release and registration of |
388 | career offenders and murderers for purposes of monitoring, |
389 | tracking, and prosecution. The photograph and fingerprints need |
390 | not be stored in a computerized format. |
391 | 2. The department's career offender and murderer |
392 | registration lists list, containing the information described in |
393 | subparagraph (a)1., are subject to chapter 119 is a public |
394 | record. The department may disseminate this public information |
395 | by any means deemed appropriate, including operating a toll-free |
396 | telephone number for this purpose. When the department provides |
397 | information regarding a career offender or murderer to the |
398 | public, department personnel must advise the person making the |
399 | inquiry that positive identification of a person believed to be |
400 | a career offender or murderer cannot be established unless a |
401 | fingerprint comparison is made, and that it is illegal to use |
402 | public information regarding a career offender or murderer to |
403 | facilitate the commission of a crime. |
404 | 3. The department shall adopt guidelines as necessary |
405 | regarding the registration of a career offender or murderer and |
406 | the dissemination of information regarding a career offender or |
407 | murderer as required by this section. |
408 | (i) A career offender or murderer must maintain |
409 | registration with the department for the duration of his or her |
410 | life, unless the career offender or murderer has received a full |
411 | pardon or has had a conviction set aside in a postconviction |
412 | proceeding for any offense that meets the criteria for |
413 | classifying the person as a career offender or murderer for |
414 | purposes of registration. However, a registered career offender |
415 | who has been lawfully released from confinement, supervision, or |
416 | sanction, whichever is later, for at least 20 years and has not |
417 | been arrested for any felony or misdemeanor offense since |
418 | release may petition the criminal division of the circuit court |
419 | of the circuit in which the registered career offender resides |
420 | for the purpose of removing the requirement for registration as |
421 | a career offender. The court may grant or deny such relief if |
422 | the registered career offender demonstrates to the court that he |
423 | or she has not been arrested for any crime since release and the |
424 | court is otherwise satisfied that the registered career offender |
425 | is not a current or potential threat to public safety. The state |
426 | attorney in the circuit in which the petition is filed must be |
427 | given notice of the petition at least 3 weeks before the hearing |
428 | on the matter. The state attorney may present evidence in |
429 | opposition to the requested relief or may otherwise demonstrate |
430 | the reasons why the petition should be denied. If the court |
431 | denies the petition, the court may set a future date at which |
432 | the registered career offender may again petition the court for |
433 | relief, subject to the standards for relief provided in this |
434 | paragraph. The department shall remove a person from |
435 | classification as a career offender or murderer for purposes of |
436 | registration if the person provides to the department a |
437 | certified copy of the court's written findings or order that |
438 | indicates that the person is no longer required to comply with |
439 | the requirements for registration as a career offender or |
440 | murderer. |
441 | (6)(5) COMMUNITY AND PUBLIC NOTIFICATION.-- |
442 | (a) Law enforcement agencies may inform the community and |
443 | the public of the presence of a career offender or murderer in |
444 | the community. Upon notification of the presence of a career |
445 | offender or murderer, the sheriff of the county or the chief of |
446 | police of the municipality where the career offender or murderer |
447 | establishes or maintains a permanent or temporary residence may |
448 | notify the community and the public of the presence of the |
449 | career offender or murderer in a manner deemed appropriate by |
450 | the sheriff or the chief of police. |
451 | (b) The sheriff or the police chief may coordinate the |
452 | community and public notification efforts with the department. |
453 | Statewide notification to the public is authorized, as deemed |
454 | appropriate by local law enforcement personnel and the |
455 | department. |
456 | (7)(6) VERIFICATION.--The department and the Department of |
457 | Corrections shall implement a system for verifying the addresses |
458 | of career offenders and murderers. The sheriff of each county |
459 | shall annually verify the addresses of career offenders and |
460 | murderers who are not under the care, custody, control, or |
461 | supervision of the Department of Corrections. The sheriff shall |
462 | promptly provide the address verification information to the |
463 | department in an electronic format. The address verification |
464 | information must include the verifying person's name, agency, |
465 | and phone number, the date of verification, and the method of |
466 | verification, and must specify whether the address information |
467 | was verified as correct, incorrect, or unconfirmed. |
468 | (8)(7) IMMUNITY.--The department, the Department of |
469 | Highway Safety and Motor Vehicles, the Department of |
470 | Corrections, any law enforcement agency in this state, and the |
471 | personnel of those departments; an elected or appointed |
472 | official, public employee, or school administrator; or an |
473 | employee, agency, or any individual or entity acting at the |
474 | request or upon the direction of any law enforcement agency is |
475 | immune from civil liability for damages for good faith |
476 | compliance with the requirements of this section or for the |
477 | release of information under this section and shall be presumed |
478 | to have acted in good faith in compiling, recording, reporting, |
479 | or releasing the information. The presumption of good faith is |
480 | not overcome if a technical or clerical error is made by the |
481 | department, the Department of Highway Safety and Motor Vehicles, |
482 | the Department of Corrections, the personnel of those |
483 | departments, or any individual or entity acting at the request |
484 | or upon the direction of any of those departments in compiling |
485 | or providing information, or if information is incomplete or |
486 | incorrect because a career offender or murderer fails to report |
487 | or falsely reports his or her current place of permanent or |
488 | temporary residence. |
489 | (9)(8) PENALTIES.-- |
490 | (a) Except as otherwise specifically provided, a career |
491 | offender or murderer who fails to register; who fails, after |
492 | registration, to maintain, acquire, or renew a driver's license |
493 | or identification card; who fails to provide required location |
494 | information or change-of-name information; or who otherwise |
495 | fails, by act or omission, to comply with the requirements of |
496 | this section, commits a felony of the third degree, punishable |
497 | as provided in s. 775.082 or, s. 775.083, or s. 775.084. |
498 | (b) Any person who misuses public records information |
499 | concerning a career offender or murderer, as defined in this |
500 | section, or a career offender or murderer, as defined in s. |
501 | 944.608 or s. 944.609, to secure a payment from a such career |
502 | offender or murderer; who knowingly distributes or publishes |
503 | false information concerning such a career offender or murderer |
504 | that which the person misrepresents as being public records |
505 | information; or who materially alters public records information |
506 | with the intent to misrepresent the information, including |
507 | documents, summaries of public records information provided by |
508 | law enforcement agencies, or public records information |
509 | displayed by law enforcement agencies on websites or provided |
510 | through other means of communication, commits a misdemeanor of |
511 | the first degree, punishable as provided in s. 775.082 or s. |
512 | 775.083. |
513 | (10)(9) PROSECUTIONS FOR ACTS OR OMISSIONS.--A career |
514 | offender or murderer who commits any act or omission in |
515 | violation of this section, s. 944.608, or s. 944.609 may be |
516 | prosecuted for the act or omission in the county in which the |
517 | act or omission was committed, the county of the last registered |
518 | address of the career offender or murderer, the county in which |
519 | the conviction occurred for the offense or offenses that meet |
520 | the criteria for designating a person as a career offender or |
521 | murderer, or in the county in which he or she was designated a |
522 | career offender or murderer. |
523 | Section 4. Section 944.608, Florida Statutes, is amended |
524 | to read: |
525 | 944.608 Notification to Department of Law Enforcement of |
526 | information 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 |
529 | or control of, or under the supervision of, the department or is |
530 | in the custody or control of, or under the supervision of, a |
531 | private correctional facility, and who is designated as a |
532 | habitual violent felony offender, a violent career criminal, or |
533 | a three-time violent felony offender under s. 775.084 or as a |
534 | prison releasee reoffender under s. 775.082(9). |
535 | (b) "Murderer" means any person who has been convicted of |
536 | murder as described in s. 782.04 or in any comparable law of any |
537 | other jurisdiction. |
538 | (2) If a career offender or murderer is not sentenced to a |
539 | term of imprisonment, the clerk of the court shall ensure that |
540 | the career offender's fingerprints of the career offender or |
541 | murderer are taken and forwarded to the Department of Law |
542 | Enforcement within 48 hours after the court sentences the career |
543 | offender or murderer. The fingerprint card shall be clearly |
544 | marked "Career Offender Registration Card." or "Murderer |
545 | Registration Card." |
546 | (3) A career offender or murderer who is under the |
547 | supervision of the department but is not incarcerated must |
548 | register with the department and provide his or her name; date |
549 | of birth; social security number; race; gender; height; weight; |
550 | hair and eye color; tattoos or other identifying marks; and |
551 | permanent or legal residence and address of temporary residence |
552 | within the state or out of state while the career offender or |
553 | murderer is under supervision in this state, including any rural |
554 | route address or post office box. The department shall verify |
555 | the address of each career offender or murderer. |
556 | (4) In addition to notification and transmittal |
557 | requirements imposed by any other provision of law, the |
558 | department shall compile information on any career offender or |
559 | murderer and provide the information to the Department of Law |
560 | Enforcement. The information shall be made available |
561 | electronically to the Department of Law Enforcement as soon as |
562 | this information is in the department's database and must be in |
563 | a format that is compatible with the requirements of the Florida |
564 | Crime Information Center. |
565 | (5) The information provided to the Department of Law |
566 | Enforcement must include: |
567 | (a) The information obtained from the career offender or |
568 | murderer under subsection (3).; |
569 | (b) The career offender's or murderer's most current |
570 | address and place of permanent and temporary residence within |
571 | the state or out of state while the career offender or murderer |
572 | is under supervision in this state, including the name of the |
573 | county or municipality in which the career offender or murderer |
574 | permanently or temporarily resides and, if known, the intended |
575 | place of permanent or temporary residence upon satisfaction of |
576 | all sanctions.; |
577 | (c) The legal status of the career offender or murderer |
578 | and the scheduled termination date of that legal status.; |
579 | (d) The location of, and local telephone number for, any |
580 | Department of Corrections' office that is responsible for |
581 | supervising the career offender or murderer.; and |
582 | (e) A digitized photograph of the career offender or |
583 | murderer, which must have been taken within 60 days before the |
584 | career offender or murderer is released from the custody of the |
585 | department or a private correctional facility or within 60 days |
586 | after the onset of the department's supervision of any career |
587 | offender or murderer who is on probation, community control, |
588 | conditional release, parole, provisional release, or control |
589 | release. If the career offender or murderer is in the custody or |
590 | control of, or under the supervision of, a private correctional |
591 | facility, the facility shall take a digitized photograph of the |
592 | career offender or murderer within the time period provided in |
593 | this paragraph and shall provide the photograph to the |
594 | department. |
595 | (6)(a) The department shall notify the Department of Law |
596 | Enforcement if the career offender or murderer escapes, |
597 | absconds, or dies while in the custody or control of, or under |
598 | the supervision of, the department. |
599 | (b) If any information provided by the department changes |
600 | during the time the career offender or murderer is under the |
601 | department's custody, control, or supervision, including any |
602 | change in the career offender's or murderer's name by reason of |
603 | marriage or other legal process, the department shall, in a |
604 | timely manner, update the information and provide it to the |
605 | Department of Law Enforcement in the manner prescribed in |
606 | subsection (4). |
607 | (7) A career offender or murderer who is under the |
608 | supervision of the department but who is not incarcerated shall, |
609 | in addition to the registration requirements provided in |
610 | subsection (3), register in the manner provided in s. |
611 | 775.261(5)(4)(c), unless the career offender or murderer is a |
612 | sexual predator, in which case he or she shall register as |
613 | required under s. 775.21;, or is a sexual offender, in which |
614 | case he or she shall register as required in s. 944.607; or is a |
615 | murderer, in which case he or she shall register as required in |
616 | s. 775.261. A career offender who fails to comply with the |
617 | requirements of s. 775.261(4) is subject to the penalties |
618 | provided in that section s. 775.261(8). |
619 | (8) The failure of a career offender or murderer to submit |
620 | to the taking of a digitized photograph, or to otherwise comply |
621 | with the requirements of this section, is a felony of the third |
622 | degree, punishable as provided in s. 775.082 or, s. 775.083, or |
623 | s. 775.084. |
624 | (9) The department, the Department of Highway Safety and |
625 | Motor Vehicles, the Department of Law Enforcement, personnel of |
626 | those departments, and any individual or entity acting at the |
627 | request or upon the direction of those departments are immune |
628 | from civil liability for damages for good faith compliance with |
629 | this section, and shall be presumed to have acted in good faith |
630 | in compiling, recording, reporting, or providing information. |
631 | The presumption of good faith is not overcome if technical or |
632 | clerical errors are made by the department, the Department of |
633 | Highway Safety and Motor Vehicles, the Department of Law |
634 | Enforcement, personnel of those departments, or any individual |
635 | or entity acting at the request or upon the direction of those |
636 | departments in compiling, recording, reporting, or providing |
637 | information, or, if the information is incomplete or incorrect |
638 | because the information has not been provided by a person or |
639 | agency required to provide the information, or because the |
640 | information was not reported or was falsely reported. |
641 | Section 5. Section 944.609, Florida Statutes, is amended |
642 | to read: |
643 | 944.609 Career offenders and murderers; notification upon |
644 | release.-- |
645 | (1) As used in this section, the term: |
646 | (a) "Career offender" means a person who is in the custody |
647 | or control of, or under the supervision of, the department or is |
648 | in the custody or control of, or under the supervision of a |
649 | private correctional facility, who is designated as a habitual |
650 | violent felony offender, a violent career criminal, or a three- |
651 | time violent felony offender under s. 775.084 or as a prison |
652 | releasee reoffender under s. 775.082(9). |
653 | (b) "Murderer" means any person who has been convicted of |
654 | murder as described in s. 782.04 or any comparable law of any |
655 | other jurisdiction. |
656 | (2) The Legislature finds that certain career offenders |
657 | and murderers, by virtue of their histories of offenses, present |
658 | a threat to the public and to communities. The Legislature finds |
659 | that requiring these career offenders and murderers to register |
660 | for the purpose of tracking the career offenders and murderers |
661 | and providing for notifying the public and a community of the |
662 | presence of a career offender or murderer are important aids to |
663 | law enforcement agencies, the public, and communities if the |
664 | career offender or murderer engages again in criminal conduct. |
665 | Registration is intended to aid law enforcement agencies in |
666 | timely apprehending a career offender or murderer. Registration |
667 | is not a punishment, but merely a status. Notification to the |
668 | public and communities of the presence of a career offender or |
669 | murderer aids the public and communities in avoiding being |
670 | victimized by the career offender or murderer. The Legislature |
671 | intends to require the registration of career offenders and |
672 | murderers and to authorize law enforcement agencies to notify |
673 | the public and communities of the presence of a career offender |
674 | or murderer. |
675 | (3)(a) The department must provide information regarding |
676 | any career offender or murderer who is being released after |
677 | serving a period of incarceration for any offense, as follows: |
678 | 1. The department must provide the career offender's or |
679 | murderer's name, any change in the career offender's or |
680 | murderer's name by reason of marriage or other legal process, |
681 | and any alias, if known; the correctional facility from which |
682 | the career offender or murderer is released; the career |
683 | offender's or murderer's social security number, race, gender, |
684 | date of birth, height, weight, and hair and eye color; date and |
685 | county of sentence and each crime for which the career offender |
686 | or murderer was sentenced; a copy of the career offender's or |
687 | murderer's fingerprints and a digitized photograph taken within |
688 | 60 days before release; the date of release of the career |
689 | offender or murderer; and the career offender's or murderer's |
690 | intended residence address, if known. The department shall |
691 | notify the Department of Law Enforcement if the career offender |
692 | or murderer escapes, absconds, or dies. If the career offender |
693 | or murderer is in the custody of a private correctional |
694 | facility, the facility shall take the digitized photograph of |
695 | the career offender or murderer within 60 days before the career |
696 | offender's or murderer's release and provide this photograph to |
697 | the Department of Corrections and also place it in the career |
698 | offender's or murderer's file. If the career offender or |
699 | murderer is in the custody of a local jail, the custodian of the |
700 | local jail shall notify the Department of Law Enforcement of the |
701 | career offender's or murderer's release and provide to the |
702 | Department of Law Enforcement the information specified in this |
703 | paragraph and any information specified in subparagraph 2. that |
704 | which the Department of Law Enforcement requests. |
705 | 2. The department may provide any other information deemed |
706 | necessary, including criminal and corrections records and |
707 | nonprivileged personnel and treatment records, when available. |
708 | (b) The department must provide the information described |
709 | in subparagraph (a)1. to: |
710 | 1. The sheriff of the county where the career offender or |
711 | murderer was sentenced; |
712 | 2. The sheriff of the county and, if applicable, the |
713 | police chief of the municipality, where the career offender or |
714 | murderer plans to reside; |
715 | 3. The Department of Law Enforcement; |
716 | 4. When requested, the victim of the offense, the victim's |
717 | parent or legal guardian if the victim is a minor, the lawful |
718 | representative of the victim or of the victim's parent or |
719 | guardian if the victim is a minor, or the next of kin if the |
720 | victim is a homicide victim; and |
721 | 5. Any person who requests such information, |
722 |
|
723 | within 6 months prior to the anticipated release of a career |
724 | offender or murderer or as soon as possible if a career offender |
725 | or murderer is released earlier than anticipated. All such |
726 | information provided to the Department of Law Enforcement must |
727 | be available electronically as soon as the information is in the |
728 | agency's database and must be in a format that is compatible |
729 | with the requirements of the Florida Crime Information Center. |
730 | (c) Upon request, the department must provide the |
731 | information described in subparagraph (a)2. to: |
732 | 1. The sheriff of the county where the career offender or |
733 | murderer was sentenced; and |
734 | 2. The sheriff of the county and, if applicable, the |
735 | police chief of the municipality, where the career offender or |
736 | murderer plans to reside, |
737 |
|
738 | within 6 months prior to the anticipated release of a career |
739 | offender or murderer or as soon as possible if a career offender |
740 | or murderer is released earlier than anticipated. |
741 | (d) Upon receiving information regarding a career offender |
742 | or murderer from the department, the Department of Law |
743 | Enforcement, the sheriff, or the chief of police shall provide |
744 | the information described in subparagraph (a)1. to any |
745 | individual who requests such information and may release the |
746 | information to the public in any manner deemed appropriate, |
747 | unless the information is confidential or exempt from s. |
748 | 119.07(1) and s. 24(a), Art. I of the State Constitution. |
749 | (4) The department or any law enforcement agency may |
750 | notify the community and the public of the a career offender's |
751 | presence of a career offender or murderer in the community. |
752 | However, with respect to a career offender or murderer who has |
753 | been found to be a sexual predator under s. 775.21, the |
754 | Department of Law Enforcement or any other law enforcement |
755 | agency must inform the community and the public of the career |
756 | offender's or murderer's presence in the community, as provided |
757 | in s. 775.21. |
758 | (5) An elected or appointed official, public employee, |
759 | school administrator or employee, or agency, or any individual |
760 | or entity acting at the request or upon the direction of any law |
761 | enforcement agency, is immune from civil liability for damages |
762 | resulting from the good faith compliance with the requirements |
763 | of this section or the release of information under this |
764 | section. |
765 | Section 6. This act shall take effect July 1, 2005. |