Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. SB 2056
                        Barcode 350712
                            CHAMBER ACTION
              Senate                               House
                                   .                    
                                   .                    
 1                  WD             .                    
       04/04/2005 06:52 PM         .                    
 2                                 .                    
                                   .                    
 3                                 .                    
                                   .                    
 4  ______________________________________________________________
 5  
 6  
 7  
 8  
 9  
10  ______________________________________________________________
11  The Committee on Criminal Justice (Haridopolos) recommended
12  the following amendment:
13  
14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Subsection (5) of section 775.13, Florida
19  Statutes, is amended to read:
20         775.13  Registration of convicted felons, exemptions;
21  penalties.--
22         (5)  This section does not apply to an offender:
23         (a)  Who has had his or her civil rights restored;
24         (b)  Who has received a full pardon for the offense for
25  which convicted;
26         (c)  Who has been lawfully released from incarceration
27  or other sentence or supervision for a felony conviction for
28  more than 5 years prior to such time for registration, unless
29  the offender is a fugitive from justice on a felony charge or
30  has been convicted of any offense since release from such
31  incarceration or other sentence or supervision;
                                  1
    9:25 AM   03/30/05                             s2056d-cj26-c2r

Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2056 Barcode 350712 1 (d) Who is a parolee or probationer under the 2 supervision of the United States Parole Commission if the 3 commission knows of and consents to the presence of the 4 offender in Florida or is a probationer under the supervision 5 of any federal probation officer in the state or who has been 6 lawfully discharged from such parole or probation; 7 (e) Who is a sexual predator and has registered as 8 required under s. 775.21; 9 (f) Who is a sexual offender and has registered as 10 required in s. 943.0435 or s. 944.607; or 11 (g) Who is a career offender who has registered as 12 required in s. 775.261 or s. 944.609; or. 13 (h) Who is a murderer who has registered as required 14 under s. 775.261. 15 Section 2. Section 775.26, Florida Statutes, is 16 amended to read: 17 775.26 Registration of career offenders and murderers; 18 and public notification; legislative findings and intent.--The 19 Legislature finds that certain career offenders and murderers, 20 by virtue of their histories of offenses, present a threat to 21 the public and to communities. The Legislature finds that 22 requiring these career offenders and murderers to register for 23 the purpose of tracking them these career offenders and that 24 providing for notification of notifying the public and a 25 community of the presence of a career offender or murderer are 26 important aids to law enforcement agencies, the public, and 27 communities if a career offender or murderer engages again in 28 criminal conduct. Registration is intended to aid law 29 enforcement agencies in timely apprehending a career offender 30 or murderer. Registration is not a punishment, but merely a 31 status. Notification to the public and communities of the 2 9:25 AM 03/30/05 s2056d-cj26-c2r
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2056 Barcode 350712 1 presence of a career offender or murderer aids the public and 2 communities in avoiding victimization being victimized by a 3 career offender or murderer. The Legislature intends to 4 require the registration of career offenders and murderers and 5 to authorize law enforcement agencies to notify the public and 6 communities of the presence of a career offender or murderer. 7 Section 3. Section 775.261, Florida Statutes, is 8 amended to read: 9 775.261 The Florida Career Offender and Murderer 10 Registration Act.-- 11 (1) SHORT TITLE.--This section may be cited as "The 12 Florida Career Offender and Murderer Registration Act." 13 (2) DEFINITIONS.--As used in this section, the term: 14 (a) "Career offender" means any person who is 15 designated as a habitual violent felony offender, a violent 16 career criminal, or a three-time violent felony offender under 17 s. 775.084 or as a prison releasee reoffender under s. 18 775.082(9). 19 (b) "Chief of police" means the chief law enforcement 20 officer of a municipality. 21 (c) "Community" means any county where the career 22 offender or murderer lives or otherwise establishes or 23 maintains a temporary or permanent residence. 24 (d) "Conviction" or "convicted" means a determination 25 of guilt which is the result of a trial or the entry of a plea 26 of guilty or nolo contendere, regardless of whether 27 adjudication is withheld. A conviction for a similar offense 28 includes, but is not limited to, a conviction by a federal or 29 military tribunal, including a court-martial conducted by the 30 Armed Forces of the United States, and includes a conviction 31 or entry of a plea of guilty or nolo contendere resulting in a 3 9:25 AM 03/30/05 s2056d-cj26-c2r
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2056 Barcode 350712 1 sanction in any state of the United States or other 2 jurisdiction. 3 (e)(d) "Department" means the Department of Law 4 Enforcement. 5 (f)(e) "Entering the county" includes being discharged 6 from a correctional facility, jail, or secure treatment 7 facility within the county or being under supervision within 8 the county with a career-offender designation as specified in 9 paragraph (a). 10 (g) "Murder" means the unlawful killing of a human 11 being as described in s. 782.04 or in any comparable law of 12 any other jurisdiction. 13 (h) "Murderer" means any person who has been convicted 14 of murder as described in s. 782.04 or in any comparable law 15 of any other jurisdiction. 16 (i)(f) "Permanent residence" means a place where the 17 career offender or murderer abides, lodges, or resides for 14 18 or more consecutive days. 19 (j)(g) "Temporary residence" means: 20 1. A place where the career offender or murderer 21 abides, lodges, or resides for a period of 14 or more days in 22 the aggregate during any calendar year and which is not his or 23 her the career offender's permanent address; 24 2. For a career offender or murderer whose permanent 25 residence is not in this state, a place where he or she the 26 career offender is employed, practices a vocation, or is 27 enrolled as a student for any period of time in this state; or 28 3. A place where the career offender or murderer 29 routinely abides, lodges, or resides for a period of 4 or more 30 consecutive or nonconsecutive days in any month and which is 31 not his or her the career offender's permanent residence, 4 9:25 AM 03/30/05 s2056d-cj26-c2r
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2056 Barcode 350712 1 including any out-of-state address. 2 (3) CRITERIA FOR REGISTRATION AS A CAREER OFFENDER.-- 3 (a) A career offender released on or after January 1, 4 2003, from a sanction imposed in this state for a designation 5 as a habitual violent felony offender, a violent career 6 criminal, or a three-time violent felony offender under s. 7 775.084 or as a prison releasee reoffender under s. 775.082(9) 8 must register as required under subsection (5) (4) and is 9 subject to community and public notification as provided under 10 subsection (6) (5). For purposes of this section, a sanction 11 imposed in this state includes, but is not limited to, a fine, 12 probation, community control, parole, conditional release, 13 control release, or incarceration in a state prison, private 14 correctional facility, or local detention facility, and: 15 1. The career offender has not received a pardon for 16 any felony or other qualified offense that is necessary for 17 the operation of this paragraph; or 18 2. A conviction of a felony or other qualified offense 19 necessary to the operation of this paragraph has not been set 20 aside in any postconviction proceeding. 21 (b) This subsection section does not apply to any 22 person who has been designated as a sexual predator and 23 required to register under s. 775.21 or who is required to 24 register as a sexual offender under s. 943.0435 or s. 944.607. 25 However, if a person is no longer required to register as a 26 sexual predator under s. 775.21 or as a sexual offender under 27 s. 943.0435 or s. 944.607, the person must register as a 28 career offender under this subsection section if the person is 29 otherwise designated as a career offender as provided in this 30 section. 31 (c) A person subject to registration as a career 5 9:25 AM 03/30/05 s2056d-cj26-c2r
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2056 Barcode 350712 1 offender is not subject to registration as a convicted felon 2 under s. 775.13. However, if the person is no longer required 3 to register as a career offender under subsection (5) this 4 section, the person must register under s. 775.13 if required 5 to do so under that section. 6 (d) If a career offender is not sentenced to a term of 7 imprisonment, the clerk of the court shall ensure that the 8 career offender's fingerprints are taken and forwarded to the 9 department within 48 hours after the court renders its finding 10 that an offender is a career offender. The fingerprint card 11 shall be clearly marked, "Career Offender Registration Card." 12 (4) CRITERIA FOR REGISTRATION AS A CONVICTED 13 MURDERER.-- 14 (a) A convicted murderer released on or after January 15 1, 2006, from a sanction imposed in this state or in any other 16 jurisdiction must register as required under subsection (5) 17 and is subject to community and public notification as 18 provided under subsection (6). For purposes of this section, a 19 sanction imposed in this state includes, but is not limited 20 to, a fine, probation, community control, parole, conditional 21 release, control release, or incarceration in a state prison, 22 private correctional facility, or local detention facility, 23 and: 24 1. The murderer has not been granted a pardon for the 25 murder which is the precondition for the application of this 26 paragraph; or 27 2. A conviction of the murder that is the precondition 28 for the application of this paragraph has not been set aside 29 in any postconviction proceeding. 30 (b) This subsection does not apply to a person who has 31 been designated as as sexual predator and is required to 6 9:25 AM 03/30/05 s2056d-cj26-c2r
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2056 Barcode 350712 1 register under s. 775.21 or who is required to register as a 2 sexual offender under s. 943.0435 or s. 944.607. However, if 3 a person is no longer required to register as a sexual 4 predator under s. 775.21 or as a sexual offender under s. 5 943.607, the person must register as a murderer under this 6 subsection if the person is otherwise designated as a murderer 7 as provided in this section. 8 (c) A person subject to registration as a murderer is 9 not subject to registration as a career offender under 10 subsection (3). However, if the person is no longer required 11 to register as a murderer under subsection (5) and meets the 12 criteria for registration as a career offender the person must 13 register as a career offender. 14 (d) A person subject to registration as a murderer is 15 not subject to registration as a convicted felon under s. 16 775.13. However, if the person is no longer required to 17 register as a murderer under subsection (5), the person must 18 register under s. 775.13 if required to do so under that 19 section. 20 (e) If a murderer is not sentenced to a term of 21 imprisonment, the clerk of court shall ensure that the 22 murderer's fingerprints are taken and forwarded to the 23 department within 48 hours after the court renders its finding 24 that an offender is a murderer. The fingerprint card shall be 25 clearly marked "Murderer Registration Card." 26 (5)(4) REGISTRATION.-- 27 (a) A career offender or murderer must register with 28 the department by providing the following information to the 29 department, or to the sheriff's office in the county in which 30 the career offender or murderer establishes or maintains a 31 permanent or temporary residence, within 2 working days after 7 9:25 AM 03/30/05 s2056d-cj26-c2r
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2056 Barcode 350712 1 establishing permanent or temporary residence in this state or 2 within 2 working days after being released from the custody, 3 control, or supervision of the Department of Corrections, or 4 from the custody of a private correctional facility, or from 5 the custody of any other jurisdiction: 6 1. Name, social security number, age, race, gender, 7 date of birth, height, weight, hair and eye color, photograph, 8 address of legal residence and address of any current 9 temporary residence within the state or out of state, 10 including a rural route address or a post office box, date and 11 place of any employment, date and place of each conviction, 12 fingerprints, and a brief description of the crime or crimes 13 committed by the career offender or murderer. A career 14 offender or murderer may not provide a post office box in lieu 15 of a physical residential address. If the career offender's or 16 murderer's place of residence is a motor vehicle, trailer, 17 mobile home, or manufactured home, as defined in chapter 320, 18 the career offender or murderer shall also provide to the 19 department written notice of the vehicle identification 20 number; the license tag number; the registration number; and a 21 description, including color scheme, of the motor vehicle, 22 trailer, mobile home, or manufactured home. If a career 23 offender's or murderer's place of residence is a vessel, 24 live-aboard vessel, or houseboat, as defined in chapter 327, 25 the career offender or murderer shall also provide to the 26 department written notice of the hull identification number; 27 the manufacturer's serial number; the name of the vessel, 28 live-aboard vessel, or houseboat; the registration number; and 29 a description, including color scheme, of the vessel, 30 live-aboard vessel, or houseboat. 31 2. Any other information determined necessary by the 8 9:25 AM 03/30/05 s2056d-cj26-c2r
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2056 Barcode 350712 1 department, including criminal and corrections records; 2 nonprivileged personnel and treatment records; and evidentiary 3 genetic markers when available. 4 5 A career offender or murderer must notify the department or 6 the sheriff within 2 working days after any change in 7 information required by this paragraph, including any change 8 of name by reason of marriage or legal proceeding. 9 (b) If a career offender or murderer registers with 10 the sheriff's office, the sheriff shall take a photograph and 11 a set of fingerprints of the career offender or murderer and 12 forward the photographs and fingerprints to the department, 13 along with the information that the career offender or 14 murderer is required to provide under pursuant to this 15 section. 16 (c) Within 2 working days after the registration 17 required under paragraph (a), a career offender or murderer 18 who is not incarcerated and who resides in the community, 19 including a career offender or murderer under the supervision 20 of the Department of Corrections under pursuant to s. 944.608, 21 shall register in person at a driver's license office of the 22 Department of Highway Safety and Motor Vehicles and shall 23 present proof of registration. At the driver's license office, 24 the career offender or murderer shall: 25 1. If otherwise qualified, secure a Florida driver's 26 license, renew a Florida driver's license, or secure an 27 identification card. The career offender or murderer shall 28 identify himself or herself as a career offender or murderer 29 who is required to comply with this section, provide his or 30 her place of permanent or temporary residence, including a 31 rural route address or a post office box, and submit to the 9 9:25 AM 03/30/05 s2056d-cj26-c2r
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2056 Barcode 350712 1 taking of a photograph for use in issuing a driver's license, 2 renewed license, or identification card, and for use by the 3 department in maintaining current records of career offenders. 4 The career offender or murderer may not provide a post office 5 box in lieu of a physical residential address. If the career 6 offender's or murderer's place of residence is a motor 7 vehicle, trailer, mobile home, or manufactured home, as 8 defined in chapter 320, the career offender or murderer shall 9 also provide to the Department of Highway Safety and Motor 10 Vehicles the vehicle identification number; the license tag 11 number; the motor vehicle registration number; and a 12 description, including color scheme, of the motor vehicle, 13 trailer, mobile home, or manufactured home. If a career 14 offender's or murderer's place of residence is a vessel, 15 live-aboard vessel, or houseboat, as defined in chapter 327, 16 the career offender or murderer shall also provide to the 17 Department of Highway Safety and Motor Vehicles the hull 18 identification number; the manufacturer's serial number; the 19 name of the vessel, live-aboard vessel, or houseboat; the 20 registration number; and a description, including color 21 scheme, of the vessel, live-aboard vessel, or houseboat. 22 2. Pay the costs assessed by the Department of Highway 23 Safety and Motor Vehicles for issuing or renewing a driver's 24 license or identification card as required by this section. 25 3. Provide, upon request, any additional information 26 necessary to confirm the identity of the career offender or 27 murderer, including a set of fingerprints. 28 (d) Each time a career offender's or murderer's 29 driver's license or identification card is subject to renewal, 30 and within 2 working days after any change of the career 31 offender's or murderer's residence or change in the career 10 9:25 AM 03/30/05 s2056d-cj26-c2r
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2056 Barcode 350712 1 offender's or murderer's name by reason of marriage or other 2 legal process, the career offender or murderer must report in 3 person to a driver's license office, and shall be subject to 4 the requirements specified in paragraph (c). The Department of 5 Highway Safety and Motor Vehicles shall forward to the 6 department and to the Department of Corrections all 7 photographs and information provided by career offenders or 8 murderers. Notwithstanding the restrictions set forth in s. 9 322.142, the Department of Highway Safety and Motor Vehicles 10 may release a reproduction of a color-photograph or 11 digital-image license to the department for purposes of public 12 notification of career offenders or murderers as provided in 13 this section. 14 (e) If the career offender or murderer registers at an 15 office of the department, the department must notify the 16 sheriff and, if applicable, the police chief of the 17 municipality, where the career offender or murderer maintains 18 a residence within 48 hours after he or she the career 19 offender registers with the department. 20 (f) A career offender or murderer who intends to 21 establish residence in another state or jurisdiction other 22 than the State of Florida shall report in person to the 23 sheriff of the county of current residence or the department 24 within 2 working days before the date he or she intends to 25 leave this state to establish residence in another state or 26 jurisdiction other than the State of Florida. If the career 27 offender or murderer is under the supervision of the 28 Department of Corrections, the career offender or murderer 29 shall notify the supervising probation officer of his or her 30 intent to transfer supervision, satisfy all transfer 31 requirements under pursuant to the Interstate Compact for 11 9:25 AM 03/30/05 s2056d-cj26-c2r
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2056 Barcode 350712 1 Supervision of Adult Offenders, as provided in s. 949.07, and 2 abide by the decision of the receiving jurisdiction to accept 3 or deny transfer. The career offender or murderer must provide 4 to the sheriff or department the address, municipality, 5 county, and state of intended residence. The sheriff shall 6 promptly provide to the department the information received 7 from the career offender or murderer. The failure of a career 8 offender or murderer to provide his or her intended place of 9 residence is punishable as provided in subsection (9) (8). 10 (g) A career offender or murderer who indicates his or 11 her intent to reside in a state or jurisdiction other than the 12 State of Florida and later decides to remain in this state 13 shall, within 2 working days after the date upon which the 14 career offender or murderer indicated he or she would leave 15 this state, report in person to the sheriff or the department, 16 whichever agency is the agency to which the career offender or 17 murderer reported the intended change of residence, of his or 18 her intent to remain in this state. If the sheriff is notified 19 by the career offender or murderer that he or she intends to 20 remain in this state, the sheriff shall promptly report this 21 information to the department. A career offender or murderer 22 who reports his or her intent to reside in a state or 23 jurisdiction other than the State of Florida, but who remains 24 in this state without reporting to the sheriff or the 25 department in the manner required by this paragraph, commits a 26 felony of the second degree, punishable as provided in s. 27 775.082 or, s. 775.083, or s. 775.084. 28 (h)1. The department shall maintain on-line computer 29 access to the current information regarding each registered 30 career offender and murderer. The department must maintain 31 hotline access so that state, local, and federal law 12 9:25 AM 03/30/05 s2056d-cj26-c2r
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2056 Barcode 350712 1 enforcement agencies may obtain instantaneous locator file and 2 criminal characteristics information on release and 3 registration of career offenders and murderers for purposes of 4 monitoring, tracking, and prosecution. The photograph and 5 fingerprints need not be stored in a computerized format. 6 2. The department's career offender and murderer 7 registration lists list, containing the information described 8 in subparagraph (a)1., are subject to chapter 119 is a public 9 record. The department may disseminate this public information 10 by any means deemed appropriate, including operating a 11 toll-free telephone number for this purpose. When the 12 department provides information regarding a career offender or 13 murderer to the public, department personnel must advise the 14 person making the inquiry that positive identification of a 15 person believed to be a career offender or murderer cannot be 16 established unless a fingerprint comparison is made, and that 17 it is illegal to use public information regarding a career 18 offender or murderer to facilitate the commission of a crime. 19 3. The department shall adopt guidelines as necessary 20 regarding the registration of a career offender or murderer 21 and the dissemination of information regarding a career 22 offender or murderer as required by this section. 23 (i) A career offender or murderer must maintain 24 registration with the department for the duration of his or 25 her life, unless the career offender or murderer has received 26 a full pardon or has had a conviction set aside in a 27 postconviction proceeding for any offense that meets the 28 criteria for classifying the person as a career offender or 29 murderer for purposes of registration. However, a registered 30 career offender who has been lawfully released from 31 confinement, supervision, or sanction, whichever is later, for 13 9:25 AM 03/30/05 s2056d-cj26-c2r
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2056 Barcode 350712 1 at least 20 years and has not been arrested for any felony or 2 misdemeanor offense since release may petition the criminal 3 division of the circuit court of the circuit in which the 4 registered career offender resides for the purpose of removing 5 the requirement for registration as a career offender. The 6 court may grant or deny such relief if the registered career 7 offender demonstrates to the court that he or she has not been 8 arrested for any crime since release and the court is 9 otherwise satisfied that the registered career offender is not 10 a current or potential threat to public safety. The state 11 attorney in the circuit in which the petition is filed must be 12 given notice of the petition at least 3 weeks before the 13 hearing on the matter. The state attorney may present evidence 14 in opposition to the requested relief or may otherwise 15 demonstrate the reasons why the petition should be denied. If 16 the court denies the petition, the court may set a future date 17 at which the registered career offender may again petition the 18 court for relief, subject to the standards for relief provided 19 in this paragraph. The department shall remove a person from 20 classification as a career offender or murderer for purposes 21 of registration if the person provides to the department a 22 certified copy of the court's written findings or order that 23 indicates that the person is no longer required to comply with 24 the requirements for registration as a career offender or 25 murderer. 26 (6)(5) COMMUNITY AND PUBLIC NOTIFICATION.-- 27 (a) Law enforcement agencies may inform the community 28 and the public of the presence of a career offender or 29 murderer in the community. Upon notification of the presence 30 of a career offender or murderer, the sheriff of the county or 31 the chief of police of the municipality where the career 14 9:25 AM 03/30/05 s2056d-cj26-c2r
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2056 Barcode 350712 1 offender or murderer establishes or maintains a permanent or 2 temporary residence may notify the community and the public of 3 the presence of the career offender or murderer in a manner 4 deemed appropriate by the sheriff or the chief of police. 5 (b) The sheriff or the police chief may coordinate the 6 community and public notification efforts with the department. 7 Statewide notification to the public is authorized, as deemed 8 appropriate by local law enforcement personnel and the 9 department. 10 (7)(6) VERIFICATION.--The department and the 11 Department of Corrections shall implement a system for 12 verifying the addresses of career offenders and murderers. The 13 sheriff of each county shall annually verify the addresses of 14 career offenders and murderers who are not under the care, 15 custody, control, or supervision of the Department of 16 Corrections. The sheriff shall promptly provide the address 17 verification information to the department in an electronic 18 format. The address verification information must include the 19 verifying person's name, agency, and phone number, the date of 20 verification, and the method of verification, and must specify 21 whether the address information was verified as correct, 22 incorrect, or unconfirmed. 23 (8)(7) IMMUNITY.--The department, the Department of 24 Highway Safety and Motor Vehicles, the Department of 25 Corrections, any law enforcement agency in this state, and the 26 personnel of those departments; an elected or appointed 27 official, public employee, or school administrator; or an 28 employee, agency, or any individual or entity acting at the 29 request or upon the direction of any law enforcement agency is 30 immune from civil liability for damages for good faith 31 compliance with the requirements of this section or for the 15 9:25 AM 03/30/05 s2056d-cj26-c2r
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2056 Barcode 350712 1 release of information under this section and shall be 2 presumed to have acted in good faith in compiling, recording, 3 reporting, or releasing the information. The presumption of 4 good faith is not overcome if a technical or clerical error is 5 made by the department, the Department of Highway Safety and 6 Motor Vehicles, the Department of Corrections, the personnel 7 of those departments, or any individual or entity acting at 8 the request or upon the direction of any of those departments 9 in compiling or providing information, or if information is 10 incomplete or incorrect because a career offender or murderer 11 fails to report or falsely reports his or her current place of 12 permanent or temporary residence. 13 (9)(8) PENALTIES.-- 14 (a) Except as otherwise specifically provided, a 15 career offender or murderer who fails to register; who fails, 16 after registration, to maintain, acquire, or renew a driver's 17 license or identification card; who fails to provide required 18 location information or change-of-name information; or who 19 otherwise fails, by act or omission, to comply with the 20 requirements of this section, commits a felony of the third 21 degree, punishable as provided in s. 775.082 or, s. 775.083, 22 or s. 775.084. 23 (b) Any person who misuses public records information 24 concerning a career offender or murderer, as defined in this 25 section, or a career offender or murderer, as defined in s. 26 944.608 or s. 944.609, to secure a payment from a such career 27 offender or murderer; who knowingly distributes or publishes 28 false information concerning such a career offender or 29 murderer which the person misrepresents as being public 30 records information; or who materially alters public records 31 information with the intent to misrepresent the information, 16 9:25 AM 03/30/05 s2056d-cj26-c2r
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2056 Barcode 350712 1 including documents, summaries of public records information 2 provided by law enforcement agencies, or public records 3 information displayed by law enforcement agencies on websites 4 or provided through other means of communication, commits a 5 misdemeanor of the first degree, punishable as provided in s. 6 775.082 or s. 775.083. 7 (10)(9) PROSECUTIONS FOR ACTS OR OMISSIONS.--A career 8 offender or murderer who commits any act or omission in 9 violation of this section, s. 944.608, or s. 944.609 may be 10 prosecuted for the act or omission in the county in which the 11 act or omission was committed, the county of the last 12 registered address of the career offender, the county in which 13 the conviction occurred for the offense or offenses that meet 14 the criteria for designating a person as a career offender or 15 murderer, or in the county in which he or she was designated a 16 career offender or murderer. 17 Section 4. Section 944.608, Florida Statutes, is 18 amended to read: 19 944.608 Notification to Department of Law Enforcement 20 of information on career offenders and murderers.-- 21 (1) As used in this section, the term: 22 (a) "Career offender" means a person who is in the 23 custody or control of, or under the supervision of, the 24 department or is in the custody or control of, or under the 25 supervision of, a private correctional facility, and who is 26 designated as a habitual violent felony offender, a violent 27 career criminal, or a three-time violent felony offender under 28 s. 775.084 or as a prison releasee reoffender under s. 29 775.082(9). 30 (b) "Murderer" means any person who has been convicted 31 of murder as described in s. 782.04 or in any comparable law 17 9:25 AM 03/30/05 s2056d-cj26-c2r
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2056 Barcode 350712 1 of any other jurisdiction. 2 (2) If a career offender or murderer is not sentenced 3 to a term of imprisonment, the clerk of the court shall ensure 4 that the career offender's fingerprints of the career offender 5 or murderer are taken and forwarded to the Department of Law 6 Enforcement within 48 hours after the court sentences the 7 career offender or murderer. The fingerprint card shall be 8 clearly marked "Career Offender Registration Card" or 9 "Murderer Registration Card." 10 (3) A career offender or murderer who is under the 11 supervision of the department but is not incarcerated must 12 register with the department and provide his or her name; date 13 of birth; social security number; race; gender; height; 14 weight; hair and eye color; tattoos or other identifying 15 marks; and permanent or legal residence and address of 16 temporary residence within the state or out of state while the 17 career offender or murderer is under supervision in this 18 state, including any rural route address or post office box. 19 The department shall verify the address of each career 20 offender or murderer. 21 (4) In addition to notification and transmittal 22 requirements imposed by any other provision of law, the 23 department shall compile information on any career offender or 24 murderer and provide the information to the Department of Law 25 Enforcement. The information shall be made available 26 electronically to the Department of Law Enforcement as soon as 27 this information is in the department's database and must be 28 in a format that is compatible with the requirements of the 29 Florida Crime Information Center. 30 (5) The information provided to the Department of Law 31 Enforcement must include: 18 9:25 AM 03/30/05 s2056d-cj26-c2r
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2056 Barcode 350712 1 (a) The information obtained from the career offender 2 or murderer under subsection (3); 3 (b) The career offender's or murderer's most current 4 address and place of permanent and temporary residence within 5 the state or out of state while the career offender or 6 murderer is under supervision in this state, including the 7 name of the county or municipality in which the career 8 offender or murderer permanently or temporarily resides and, 9 if known, the intended place of permanent or temporary 10 residence upon satisfaction of all sanctions; 11 (c) The legal status of the career offender or 12 murderer and the scheduled termination date of that legal 13 status; 14 (d) The location of, and local telephone number for, 15 any Department of Corrections' office that is responsible for 16 supervising the career offender or murderer; and 17 (e) A digitized photograph of the career offender or 18 murderer, which must have been taken within 60 days before the 19 career offender or murderer is released from the custody of 20 the department or a private correctional facility or within 60 21 days after the onset of the department's supervision of any 22 career offender or murderer who is on probation, community 23 control, conditional release, parole, provisional release, or 24 control release. If the career offender or murderer is in the 25 custody or control of, or under the supervision of, a private 26 correctional facility, the facility shall take a digitized 27 photograph of the career offender or murderer within the time 28 period provided in this paragraph and shall provide the 29 photograph to the department. 30 (6)(a) The department shall notify the Department of 31 Law Enforcement if the career offender or murderer escapes, 19 9:25 AM 03/30/05 s2056d-cj26-c2r
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2056 Barcode 350712 1 absconds, or dies while in the custody or control of, or under 2 the supervision of, the department. 3 (b) If any information provided by the department 4 changes during the time the career offender or murderer is 5 under the department's custody, control, or supervision, 6 including any change in the career offender's or murderer's 7 name by reason of marriage or other legal process, the 8 department shall, in a timely manner, update the information 9 and provide it to the Department of Law Enforcement in the 10 manner prescribed in subsection (4). 11 (7) A career offender or murderer who is under the 12 supervision of the department but who is not incarcerated 13 shall, in addition to the registration requirements provided 14 in subsection (3), register in the manner provided in s. 15 775.261(5)(c) s. 775.261(4)(c), unless the career offender or 16 murderer is a sexual predator, in which case he or she shall 17 register as required under s. 775.21, or is a sexual offender, 18 in which case he or she shall register as required in s. 19 944.607, or is a murderer, in which case he or she shall 20 register as required in s. 775.261. A career offender or 21 murderer who fails to comply with the requirements of s. 22 775.261 s. 775.261(4) is subject to the penalties provided in 23 s. 775.261 s. 775.261(8). 24 (8) The failure of a career offender or murderer to 25 submit to the taking of a digitized photograph, or to 26 otherwise comply with the requirements of this section, is a 27 felony of the third degree, punishable as provided in s. 28 775.082 or, s. 775.083, or s. 775.084. 29 (9) The department, the Department of Highway Safety 30 and Motor Vehicles, the Department of Law Enforcement, 31 personnel of those departments, and any individual or entity 20 9:25 AM 03/30/05 s2056d-cj26-c2r
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2056 Barcode 350712 1 acting at the request or upon the direction of those 2 departments are immune from civil liability for damages for 3 good faith compliance with this section, and shall be presumed 4 to have acted in good faith in compiling, recording, 5 reporting, or providing information. The presumption of good 6 faith is not overcome if technical or clerical errors are made 7 by the department, the Department of Highway Safety and Motor 8 Vehicles, the Department of Law Enforcement, personnel of 9 those departments, or any individual or entity acting at the 10 request or upon the direction of those departments in 11 compiling, recording, reporting, or providing information, or, 12 if the information is incomplete or incorrect because the 13 information has not been provided by a person or agency 14 required to provide the information, or because the 15 information was not reported or was falsely reported. 16 Section 5. Section 944.609, Florida Statutes, is 17 amended to read: 18 944.609 Career offenders and murderers; notification 19 upon release.-- 20 (1) As used in this section, the term: 21 (a) "Career offender" means a person who is in the 22 custody or control of, or under the supervision of, the 23 department or is in the custody or control of, or under the 24 supervision of a private correctional facility, who is 25 designated as a habitual violent felony offender, a violent 26 career criminal, or a three-time violent felony offender under 27 s. 775.084 or as a prison releasee reoffender under s. 28 775.082(9). 29 (b) "Murderer" means any person who has been convicted 30 of murder as described in s. 782.04 or any comparable law of 31 any other jurisdiction. 21 9:25 AM 03/30/05 s2056d-cj26-c2r
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2056 Barcode 350712 1 (2) The Legislature finds that certain career 2 offenders and murderers, by virtue of their histories of 3 offenses, present a threat to the public and to communities. 4 The Legislature finds that requiring these career offenders 5 and murderers to register for the purpose of tracking the 6 career offenders and murderers and providing for notifying the 7 public and a community of the presence of a career offender or 8 murderer are important aids to law enforcement agencies, the 9 public, and communities if the career offender or murderer 10 engages again in criminal conduct. Registration is intended to 11 aid law enforcement agencies in timely apprehending a career 12 offender or murderer. Registration is not a punishment, but 13 merely a status. Notification to the public and communities of 14 the presence of a career offender or murderer aids the public 15 and communities in avoiding being victimized by the career 16 offender or murderer. The Legislature intends to require the 17 registration of career offenders and murderers and to 18 authorize law enforcement agencies to notify the public and 19 communities of the presence of a career offender or murderer. 20 (3)(a) The department must provide information 21 regarding any career offender or murderer who is being 22 released after serving a period of incarceration for any 23 offense, as follows: 24 1. The department must provide the career offender's 25 or murderer's name, any change in the career offender's or 26 murderer's name by reason of marriage or other legal process, 27 and any alias, if known; the correctional facility from which 28 the career offender or murderer is released; the career 29 offender's or murderer's social security number, race, gender, 30 date of birth, height, weight, and hair and eye color; date 31 and county of sentence and each crime for which the career 22 9:25 AM 03/30/05 s2056d-cj26-c2r
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2056 Barcode 350712 1 offender or murderer was sentenced; a copy of the career 2 offender's or murderer's fingerprints and a digitized 3 photograph taken within 60 days before release; the date of 4 release of the career offender or murderer; and the career 5 offender's or murderer's intended residence address, if known. 6 The department shall notify the Department of Law Enforcement 7 if the career offender or murderer escapes, absconds, or dies. 8 If the career offender or murderer is in the custody of a 9 private correctional facility, the facility shall take the 10 digitized photograph of the career offender or murderer within 11 60 days before the career offender's or murderer's release and 12 provide this photograph to the Department of Corrections and 13 also place it in the career offender's or murderer's file. If 14 the career offender or murderer is in the custody of a local 15 jail, the custodian of the local jail shall notify the 16 Department of Law Enforcement of the career offender's or 17 murderer's release and provide to the Department of Law 18 Enforcement the information specified in this paragraph and 19 any information specified in subparagraph 2. which the 20 Department of Law Enforcement requests. 21 2. The department may provide any other information 22 deemed necessary, including criminal and corrections records 23 and nonprivileged personnel and treatment records, when 24 available. 25 (b) The department must provide the information 26 described in subparagraph (a)1. to: 27 1. The sheriff of the county where the career offender 28 or murderer was sentenced; 29 2. The sheriff of the county and, if applicable, the 30 police chief of the municipality, where the career offender or 31 murderer plans to reside; 23 9:25 AM 03/30/05 s2056d-cj26-c2r
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2056 Barcode 350712 1 3. The Department of Law Enforcement; 2 4. When requested, the victim of the offense, the 3 victim's parent or legal guardian if the victim is a minor, 4 the lawful representative of the victim or of the victim's 5 parent or guardian if the victim is a minor, or the next of 6 kin if the victim is a homicide victim; and 7 5. Any person who requests such information, 8 9 within 6 months prior to the anticipated release of a career 10 offender or murderer or as soon as possible if a career 11 offender or murderer is released earlier than anticipated. All 12 such information provided to the Department of Law Enforcement 13 must be available electronically as soon as the information is 14 in the agency's database and must be in a format that is 15 compatible with the requirements of the Florida Crime 16 Information Center. 17 (c) Upon request, the department must provide the 18 information described in subparagraph (a)2. to: 19 1. The sheriff of the county where the career offender 20 or murderer was sentenced; and 21 2. The sheriff of the county and, if applicable, the 22 police chief of the municipality, where the career offender or 23 murderer plans to reside, 24 25 within 6 months prior to the anticipated release of a career 26 offender or murderer or as soon as possible if a career 27 offender or murderer is released earlier than anticipated. 28 (d) Upon receiving information regarding a career 29 offender or murderer from the department, the Department of 30 Law Enforcement, the sheriff, or the chief of police shall 31 provide the information described in subparagraph (a)1. to any 24 9:25 AM 03/30/05 s2056d-cj26-c2r
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2056 Barcode 350712 1 individual who requests such information and may release the 2 information to the public in any manner deemed appropriate, 3 unless the information is confidential or exempt from s. 4 119.07(1) and s. 24(a), Art. I of the State Constitution. 5 (4) The department or any law enforcement agency may 6 notify the community and the public of the a career offender's 7 presence of a career offender or murderer in the community. 8 However, with respect to a career offender or murderer who has 9 been found to be a sexual predator under s. 775.21, the 10 Department of Law Enforcement or any other law enforcement 11 agency must inform the community and the public of the career 12 offender's or murderer's presence in the community, as 13 provided in s. 775.21. 14 (5) An elected or appointed official, public employee, 15 school administrator or employee, or agency, or any individual 16 or entity acting at the request or upon the direction of any 17 law enforcement agency, is immune from civil liability for 18 damages resulting from the good faith compliance with the 19 requirements of this section or the release of information 20 under this section. 21 Section 6. This act shall take effect July 1, 2005. 22 23 24 ================ T I T L E A M E N D M E N T =============== 25 And the title is amended as follows: 26 Delete everything before the enacting clause 27 28 and insert: 29 A bill to be entitled 30 An act relating to career offender and murderer 31 registration; amending s. 775.13, F.S.; 25 9:25 AM 03/30/05 s2056d-cj26-c2r
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2056 Barcode 350712 1 exempting a murderer who has registered under 2 another provision of law from certain 3 registration requirements; amending s. 775.26, 4 F.S.; providing legislative intent relating to 5 registration of murderers and public 6 notification; amending s. 775.261, F.S.; 7 providing a short title; defining the terms 8 "murder" and "murderer" for purposes of the 9 registration of persons convicted of murder; 10 providing criteria for the registration of 11 persons convicted of murder; providing 12 exemptions; requiring the clerk of court to 13 secure and distribute fingerprints of a 14 convicted murderer who is not sentenced to 15 prison; requiring a person convicted of murder 16 to register with the Department of Corrections; 17 requiring the person to provide certain 18 information; requiring the sheriff to secure 19 and distribute a photo and fingerprints of a 20 registered murderer; requiring the Department 21 of Highway Safety and Motor Vehicles to forward 22 certain of the information provided by a 23 registered murderer to the Department of 24 Corrections; providing for notice, to law 25 enforcement officials, of the residence of a 26 registered murderer by the Department of 27 Corrections; providing criminal penalties for a 28 murderer who fails to provide certain 29 information regarding residence; providing for 30 the Department of Corrections to adopt 31 guidelines governing registration as a murderer 26 9:25 AM 03/30/05 s2056d-cj26-c2r
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2056 Barcode 350712 1 and dissemination of information regarding a 2 murderer; providing for removal of a person 3 from classification as a murderer; authorizing 4 a law enforcement agency to notify the 5 community that a person convicted of murder is 6 present in the community; requiring the 7 department to develop a system to verify the 8 address of persons convicted of murder; 9 providing that a person convicted of murder 10 commits a felony of the third degree if he or 11 she fails to register or otherwise violates the 12 act; specifying the locations in which a person 13 convicted of murder may be prosecuted for 14 violations of the act; amending s. 944.608, 15 F.S.; defining the term "murderer"; requiring 16 the clerk of court to collect, and distribute 17 to the Department of Corrections, the 18 fingerprints of a murderer who is not sentenced 19 to prison; providing for registration of a 20 murderer who is not incarcerated; requiring a 21 registered murderer to provide certain 22 information; directing the department to 23 compile information relating to registered 24 murderers; providing for distribution of 25 information compiled by the department to the 26 Department of Law Enforcement; providing that a 27 murderer who violates the section commits a 28 felony of the third degree; amending s. 29 944.609, F.S.; defining the term "murderer"; 30 providing legislative intent; directing the 31 Department of Corrections to provide 27 9:25 AM 03/30/05 s2056d-cj26-c2r
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2056 Barcode 350712 1 information regarding a murderer who is being 2 released from incarceration to certain law 3 enforcement officials and other persons; 4 authorizing a law enforcement agency to notify 5 the community that a murderer is present in the 6 community; providing an effective date. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 28 9:25 AM 03/30/05 s2056d-cj26-c2r