Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. SB 2056
                        Barcode 580530
                            CHAMBER ACTION
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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;
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Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2056 Barcode 580530 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 7:18 PM 04/04/05 s2056d-cj26-s04
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2056 Barcode 580530 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 7:18 PM 04/04/05 s2056d-cj26-s04
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2056 Barcode 580530 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 7:18 PM 04/04/05 s2056d-cj26-s04
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2056 Barcode 580530 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 7:18 PM 04/04/05 s2056d-cj26-s04
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2056 Barcode 580530 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 for a violation 16 under s. 782.04 or a comparable law in this state or any other 17 jurisdiction, must register as required under subsection (5) 18 and is subject to community and public notification as 19 provided under subsection (6). For purposes of this section, a 20 sanction imposed in this state includes, but is not limited 21 to, a fine, probation, community control, parole, conditional 22 release, control release, or incarceration in a state prison, 23 private correctional facility, or local detention facility, 24 and: 25 1. The murderer has not been granted a pardon for the 26 murder which is the precondition for the application of this 27 paragraph; or 28 2. A conviction of the murder that is the precondition 29 for the application of this paragraph has not been set aside 30 in any postconviction proceeding. 31 (b) This subsection does not apply to a person who has 6 7:18 PM 04/04/05 s2056d-cj26-s04
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2056 Barcode 580530 1 been designated as as sexual predator and is required to 2 register under s. 775.21 or who is required to register as a 3 sexual offender under s. 943.0435 or s. 944.607. However, if 4 a person is no longer required to register as a sexual 5 predator under s. 775.21 or as a sexual offender under s. 6 943.0435 or s. 944.607, the person must register as a murderer 7 under this subsection if the person is otherwise designated as 8 a murderer as provided in this section. 9 (c) A person subject to registration as a murderer is 10 not subject to registration as a career offender under 11 subsection (3). However, if the person is no longer required 12 to register as a murderer under subsection (5) and meets the 13 criteria for registration as a career offender the person must 14 register as a career offender. 15 (d) A person subject to registration as a murderer is 16 not subject to registration as a convicted felon under s. 17 775.13. However, if the person is no longer required to 18 register as a murderer under subsection (5), the person must 19 register under s. 775.13 if required to do so under that 20 section. 21 (e) If a murderer is not sentenced to a term of 22 imprisonment, the clerk of court shall ensure that the 23 murderer's fingerprints are taken and forwarded to the 24 department within 48 hours after the court renders its finding 25 that an offender is a murderer. The fingerprint card shall be 26 clearly marked "Murderer Registration Card." 27 (5)(4) REGISTRATION.-- 28 (a) A career offender or murderer must register with 29 the department by providing the following information to the 30 department, or to the sheriff's office in the county in which 31 the career offender or murderer establishes or maintains a 7 7:18 PM 04/04/05 s2056d-cj26-s04
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2056 Barcode 580530 1 permanent or temporary residence, within 2 working days after 2 establishing permanent or temporary residence in this state or 3 within 2 working days after being released from the custody, 4 control, or supervision of the Department of Corrections, or 5 from the custody of a private correctional facility, or from 6 the custody of any other jurisdiction: 7 1. Name, social security number, age, race, gender, 8 date of birth, height, weight, hair and eye color, photograph, 9 address of legal residence and address of any current 10 temporary residence within the state or out of state, 11 including a rural route address or a post office box, date and 12 place of any employment, date and place of each conviction, 13 fingerprints, and a brief description of the crime or crimes 14 committed by the career offender or murderer. A career 15 offender or murderer may not provide a post office box in lieu 16 of a physical residential address. If the career offender's or 17 murderer's place of residence is a motor vehicle, trailer, 18 mobile home, or manufactured home, as defined in chapter 320, 19 the career offender or murderer shall also provide to the 20 department written notice of the vehicle identification 21 number; the license tag number; the registration number; and a 22 description, including color scheme, of the motor vehicle, 23 trailer, mobile home, or manufactured home. If a career 24 offender's or murderer's place of residence is a vessel, 25 live-aboard vessel, or houseboat, as defined in chapter 327, 26 the career offender or murderer shall also provide to the 27 department written notice of the hull identification number; 28 the manufacturer's serial number; the name of the vessel, 29 live-aboard vessel, or houseboat; the registration number; and 30 a description, including color scheme, of the vessel, 31 live-aboard vessel, or houseboat. 8 7:18 PM 04/04/05 s2056d-cj26-s04
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2056 Barcode 580530 1 2. Any other information determined necessary by the 2 department, including criminal and corrections records; 3 nonprivileged personnel and treatment records; and evidentiary 4 genetic markers when available. 5 (b) If a career offender or murderer registers with 6 the sheriff's office, the sheriff shall take a photograph and 7 a set of fingerprints of the career offender or murderer and 8 forward the photographs and fingerprints to the department, 9 along with the information that the career offender or 10 murderer is required to provide under pursuant to this 11 section. 12 (c) Within 2 working days after the registration 13 required under paragraph (a), a career offender or murderer 14 who is not incarcerated and who resides in the community, 15 including a career offender or murderer under the supervision 16 of the Department of Corrections under pursuant to s. 944.608, 17 shall register in person at a driver's license office of the 18 Department of Highway Safety and Motor Vehicles and shall 19 present proof of registration. At the driver's license office, 20 the career offender or murderer shall: 21 1. If otherwise qualified, secure a Florida driver's 22 license, renew a Florida driver's license, or secure an 23 identification card. The career offender or murderer shall 24 identify himself or herself as a career offender or murderer 25 who is required to comply with this section, provide his or 26 her place of permanent or temporary residence, including a 27 rural route address or a post office box, and submit to the 28 taking of a photograph for use in issuing a driver's license, 29 renewed license, or identification card, and for use by the 30 department in maintaining current records of career offenders. 31 The career offender or murderer may not provide a post office 9 7:18 PM 04/04/05 s2056d-cj26-s04
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2056 Barcode 580530 1 box in lieu of a physical residential address. If the career 2 offender's or murderer's place of residence is a motor 3 vehicle, trailer, mobile home, or manufactured home, as 4 defined in chapter 320, the career offender or murderer shall 5 also provide to the Department of Highway Safety and Motor 6 Vehicles the vehicle identification number; the license tag 7 number; the motor vehicle registration number; and a 8 description, including color scheme, of the motor vehicle, 9 trailer, mobile home, or manufactured home. If a career 10 offender's or murderer's place of residence is a vessel, 11 live-aboard vessel, or houseboat, as defined in chapter 327, 12 the career offender or murderer shall also provide to the 13 Department of Highway Safety and Motor Vehicles the hull 14 identification number; the manufacturer's serial number; the 15 name of the vessel, live-aboard vessel, or houseboat; the 16 registration number; and a description, including color 17 scheme, of the vessel, live-aboard vessel, or houseboat. 18 2. Pay the costs assessed by the Department of Highway 19 Safety and Motor Vehicles for issuing or renewing a driver's 20 license or identification card as required by this section. 21 3. Provide, upon request, any additional information 22 necessary to confirm the identity of the career offender or 23 murderer, including a set of fingerprints. 24 (d) Each time a career offender's or murderer's 25 driver's license or identification card is subject to renewal, 26 and within 2 working days after any change of the career 27 offender's or murderer's residence or change in the career 28 offender's or murderer's name by reason of marriage or other 29 legal process, the career offender or murderer must report in 30 person to a driver's license office, and shall be subject to 31 the requirements specified in paragraph (c). The Department of 10 7:18 PM 04/04/05 s2056d-cj26-s04
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2056 Barcode 580530 1 Highway Safety and Motor Vehicles shall forward to the 2 department and to the Department of Corrections all 3 photographs and information provided by career offenders or 4 murderers. Notwithstanding the restrictions set forth in s. 5 322.142, the Department of Highway Safety and Motor Vehicles 6 may release a reproduction of a color-photograph or 7 digital-image license to the department for purposes of public 8 notification of career offenders or murderers as provided in 9 this section. 10 (e) If the career offender or murderer registers at an 11 office of the department, the department must notify the 12 sheriff and, if applicable, the police chief of the 13 municipality, where the career offender or murderer maintains 14 a residence within 48 hours after he or she the career 15 offender registers with the department. 16 (f) A career offender or murderer who intends to 17 establish residence in another state or jurisdiction other 18 than the State of Florida shall report in person to the 19 sheriff of the county of current residence or the department 20 within 2 working days before the date he or she intends to 21 leave this state to establish residence in another state or 22 jurisdiction other than the State of Florida. If the career 23 offender or murderer is under the supervision of the 24 Department of Corrections, the career offender or murderer 25 shall notify the supervising probation officer of his or her 26 intent to transfer supervision, satisfy all transfer 27 requirements under pursuant to the Interstate Compact for 28 Supervision of Adult Offenders, as provided in s. 949.07, and 29 abide by the decision of the receiving jurisdiction to accept 30 or deny transfer. The career offender or murderer must provide 31 to the sheriff or department the address, municipality, 11 7:18 PM 04/04/05 s2056d-cj26-s04
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2056 Barcode 580530 1 county, and state of intended residence. The sheriff shall 2 promptly provide to the department the information received 3 from the career offender or murderer. The failure of a career 4 offender or murderer to provide his or her intended place of 5 residence is punishable as provided in subsection (9) (8). 6 (g) A career offender or murderer who indicates his or 7 her intent to reside in a state or jurisdiction other than the 8 State of Florida and later decides to remain in this state 9 shall, within 2 working days after the date upon which the 10 career offender or murderer indicated he or she would leave 11 this state, report in person to the sheriff or the department, 12 whichever agency is the agency to which the career offender or 13 murderer reported the intended change of residence, of his or 14 her intent to remain in this state. If the sheriff is notified 15 by the career offender or murderer that he or she intends to 16 remain in this state, the sheriff shall promptly report this 17 information to the department. A career offender or murderer 18 who reports his or her intent to reside in a state or 19 jurisdiction other than the State of Florida, but who remains 20 in this state without reporting to the sheriff or the 21 department in the manner required by this paragraph, commits a 22 felony of the second degree, punishable as provided in s. 23 775.082 or, s. 775.083, or s. 775.084. 24 (h)1. The department shall maintain on-line computer 25 access to the current information regarding each registered 26 career offender and murderer. The department must maintain 27 hotline access so that state, local, and federal law 28 enforcement agencies may obtain instantaneous locator file and 29 criminal characteristics information on release and 30 registration of career offenders and murderers for purposes of 31 monitoring, tracking, and prosecution. The photograph and 12 7:18 PM 04/04/05 s2056d-cj26-s04
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2056 Barcode 580530 1 fingerprints need not be stored in a computerized format. 2 2. The department's career offender and murderer 3 registration lists list, containing the information described 4 in subparagraph (a)1., are subject to chapter 119 is a public 5 record. The department may disseminate this public information 6 by any means deemed appropriate, including operating a 7 toll-free telephone number for this purpose. When the 8 department provides information regarding a career offender or 9 murderer to the public, department personnel must advise the 10 person making the inquiry that positive identification of a 11 person believed to be a career offender or murderer cannot be 12 established unless a fingerprint comparison is made, and that 13 it is illegal to use public information regarding a career 14 offender or murderer to facilitate the commission of a crime. 15 3. The department shall adopt guidelines as necessary 16 regarding the registration of a career offender or murderer 17 and the dissemination of information regarding a career 18 offender or murderer as required by this section. 19 (i) A career offender or murderer must maintain 20 registration with the department for the duration of his or 21 her life, unless the career offender or murderer has received 22 a full pardon or has had a conviction set aside in a 23 postconviction proceeding for any offense that meets the 24 criteria for classifying the person as a career offender or 25 murderer for purposes of registration. However, a registered 26 career offender who has been lawfully released from 27 confinement, supervision, or sanction, whichever is later, for 28 at least 20 years and has not been arrested for any felony or 29 misdemeanor offense since release may petition the criminal 30 division of the circuit court of the circuit in which the 31 registered career offender resides for the purpose of removing 13 7:18 PM 04/04/05 s2056d-cj26-s04
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2056 Barcode 580530 1 the requirement for registration as a career offender. The 2 court may grant or deny such relief if the registered career 3 offender demonstrates to the court that he or she has not been 4 arrested for any crime since release and the court is 5 otherwise satisfied that the registered career offender is not 6 a current or potential threat to public safety. The state 7 attorney in the circuit in which the petition is filed must be 8 given notice of the petition at least 3 weeks before the 9 hearing on the matter. The state attorney may present evidence 10 in opposition to the requested relief or may otherwise 11 demonstrate the reasons why the petition should be denied. If 12 the court denies the petition, the court may set a future date 13 at which the registered career offender may again petition the 14 court for relief, subject to the standards for relief provided 15 in this paragraph. The department shall remove a person from 16 classification as a career offender or murderer for purposes 17 of registration if the person provides to the department a 18 certified copy of the court's written findings or order that 19 indicates that the person is no longer required to comply with 20 the requirements for registration as a career offender or 21 murderer. 22 (6)(5) COMMUNITY AND PUBLIC NOTIFICATION.-- 23 (a) Law enforcement agencies may inform the community 24 and the public of the presence of a career offender or 25 murderer in the community. Upon notification of the presence 26 of a career offender or murderer, the sheriff of the county or 27 the chief of police of the municipality where the career 28 offender or murderer establishes or maintains a permanent or 29 temporary residence may notify the community and the public of 30 the presence of the career offender or murderer in a manner 31 deemed appropriate by the sheriff or the chief of police. 14 7:18 PM 04/04/05 s2056d-cj26-s04
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2056 Barcode 580530 1 (b) The sheriff or the police chief may coordinate the 2 community and public notification efforts with the department. 3 Statewide notification to the public is authorized, as deemed 4 appropriate by local law enforcement personnel and the 5 department. 6 (7)(6) VERIFICATION.--The department and the 7 Department of Corrections shall implement a system for 8 verifying the addresses of career offenders and murderers. The 9 sheriff of each county shall annually verify the addresses of 10 career offenders and murderers who are not under the care, 11 custody, control, or supervision of the Department of 12 Corrections. The sheriff shall promptly provide the address 13 verification information to the department in an electronic 14 format. The address verification information must include the 15 verifying person's name, agency, and phone number, the date of 16 verification, and the method of verification, and must specify 17 whether the address information was verified as correct, 18 incorrect, or unconfirmed. 19 (8)(7) IMMUNITY.--The department, the Department of 20 Highway Safety and Motor Vehicles, the Department of 21 Corrections, any law enforcement agency in this state, and the 22 personnel of those departments; an elected or appointed 23 official, public employee, or school administrator; or an 24 employee, agency, or any individual or entity acting at the 25 request or upon the direction of any law enforcement agency is 26 immune from civil liability for damages for good faith 27 compliance with the requirements of this section or for the 28 release of information under this section and shall be 29 presumed to have acted in good faith in compiling, recording, 30 reporting, or releasing the information. The presumption of 31 good faith is not overcome if a technical or clerical error is 15 7:18 PM 04/04/05 s2056d-cj26-s04
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2056 Barcode 580530 1 made by the department, the Department of Highway Safety and 2 Motor Vehicles, the Department of Corrections, the personnel 3 of those departments, or any individual or entity acting at 4 the request or upon the direction of any of those departments 5 in compiling or providing information, or if information is 6 incomplete or incorrect because a career offender or murderer 7 fails to report or falsely reports his or her current place of 8 permanent or temporary residence. 9 (9)(8) PENALTIES.-- 10 (a) Except as otherwise specifically provided, a 11 career offender or murderer who fails to register; who fails, 12 after registration, to maintain, acquire, or renew a driver's 13 license or identification card; who fails to provide required 14 location information or change-of-name information; or who 15 otherwise fails, by act or omission, to comply with the 16 requirements of this section, commits a felony of the third 17 degree, punishable as provided in s. 775.082 or, s. 775.083, 18 or s. 775.084. 19 (b) Any person who misuses public records information 20 concerning a career offender or murderer, as defined in this 21 section, or a career offender or murderer, as defined in s. 22 944.608 or s. 944.609, to secure a payment from a such career 23 offender or murderer; who knowingly distributes or publishes 24 false information concerning such a career offender or 25 murderer which the person misrepresents as being public 26 records information; or who materially alters public records 27 information with the intent to misrepresent the information, 28 including documents, summaries of public records information 29 provided by law enforcement agencies, or public records 30 information displayed by law enforcement agencies on websites 31 or provided through other means of communication, commits a 16 7:18 PM 04/04/05 s2056d-cj26-s04
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2056 Barcode 580530 1 misdemeanor of the first degree, punishable as provided in s. 2 775.082 or s. 775.083. 3 (10)(9) PROSECUTIONS FOR ACTS OR OMISSIONS.--A career 4 offender or murderer who commits any act or omission in 5 violation of this section, s. 944.608, or s. 944.609 may be 6 prosecuted for the act or omission in the county in which the 7 act or omission was committed, the county of the last 8 registered address of the career offender, the county in which 9 the conviction occurred for the offense or offenses that meet 10 the criteria for designating a person as a career offender or 11 murderer, or in the county in which he or she was designated a 12 career offender or murderer. 13 Section 4. Section 944.608, Florida Statutes, is 14 amended to read: 15 944.608 Notification to Department of Law Enforcement 16 of information on career offenders and murderers.-- 17 (1) As used in this section, the term: 18 (a) "Career offender" means a person who is in the 19 custody or control of, or under the supervision of, the 20 department or is in the custody or control of, or under the 21 supervision of, a private correctional facility, and who is 22 designated as a habitual violent felony offender, a violent 23 career criminal, or a three-time violent felony offender under 24 s. 775.084 or as a prison releasee reoffender under s. 25 775.082(9). 26 (b) "Murderer" means any person who has been convicted 27 of murder as described in s. 782.04 or in any comparable law 28 of any other jurisdiction. 29 (2) If a career offender or murderer is not sentenced 30 to a term of imprisonment, the clerk of the court shall ensure 31 that the career offender's fingerprints of the career offender 17 7:18 PM 04/04/05 s2056d-cj26-s04
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2056 Barcode 580530 1 or murderer are taken and forwarded to the Department of Law 2 Enforcement within 48 hours after the court sentences the 3 career offender or murderer. The fingerprint card shall be 4 clearly marked "Career Offender Registration Card" or 5 "Murderer Registration Card." 6 (3) A career offender or murderer who is under the 7 supervision of the department but is not incarcerated must 8 register with the department and provide his or her name; date 9 of birth; social security number; race; gender; height; 10 weight; hair and eye color; tattoos or other identifying 11 marks; and permanent or legal residence and address of 12 temporary residence within the state or out of state while the 13 career offender or murderer is under supervision in this 14 state, including any rural route address or post office box. 15 The department shall verify the address of each career 16 offender or murderer. 17 (4) In addition to notification and transmittal 18 requirements imposed by any other provision of law, the 19 department shall compile information on any career offender or 20 murderer and provide the information to the Department of Law 21 Enforcement. The information shall be made available 22 electronically to the Department of Law Enforcement as soon as 23 this information is in the department's database and must be 24 in a format that is compatible with the requirements of the 25 Florida Crime Information Center. 26 (5) The information provided to the Department of Law 27 Enforcement must include: 28 (a) The information obtained from the career offender 29 or murderer under subsection (3); 30 (b) The career offender's or murderer's most current 31 address and place of permanent and temporary residence within 18 7:18 PM 04/04/05 s2056d-cj26-s04
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2056 Barcode 580530 1 the state or out of state while the career offender or 2 murderer is under supervision in this state, including the 3 name of the county or municipality in which the career 4 offender or murderer permanently or temporarily resides and, 5 if known, the intended place of permanent or temporary 6 residence upon satisfaction of all sanctions; 7 (c) The legal status of the career offender or 8 murderer and the scheduled termination date of that legal 9 status; 10 (d) The location of, and local telephone number for, 11 any Department of Corrections' office that is responsible for 12 supervising the career offender or murderer; and 13 (e) A digitized photograph of the career offender or 14 murderer, which must have been taken within 60 days before the 15 career offender or murderer is released from the custody of 16 the department or a private correctional facility or within 60 17 days after the onset of the department's supervision of any 18 career offender or murderer who is on probation, community 19 control, conditional release, parole, provisional release, or 20 control release. If the career offender or murderer is in the 21 custody or control of, or under the supervision of, a private 22 correctional facility, the facility shall take a digitized 23 photograph of the career offender or murderer within the time 24 period provided in this paragraph and shall provide the 25 photograph to the department. 26 (6)(a) The department shall notify the Department of 27 Law Enforcement if the career offender or murderer escapes, 28 absconds, or dies while in the custody or control of, or under 29 the supervision of, the department. 30 (b) If any information provided by the department 31 changes during the time the career offender or murderer is 19 7:18 PM 04/04/05 s2056d-cj26-s04
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2056 Barcode 580530 1 under the department's custody, control, or supervision, 2 including any change in the career offender's or murderer's 3 name by reason of marriage or other legal process, the 4 department shall, in a timely manner, update the information 5 and provide it to the Department of Law Enforcement in the 6 manner prescribed in subsection (4). 7 (7) A career offender or murderer who is under the 8 supervision of the department but who is not incarcerated 9 shall, in addition to the registration requirements provided 10 in subsection (3), register in the manner provided in s. 11 775.261(5)(c) s. 775.261(4)(c), unless the career offender or 12 murderer is a sexual predator, in which case he or she shall 13 register as required under s. 775.21, or is a sexual offender, 14 in which case he or she shall register as required in s. 15 944.607, or is a murderer, in which case he or she shall 16 register as required in s. 775.261. A career offender or 17 murderer who fails to comply with the requirements of s. 18 775.261 s. 775.261(4) is subject to the penalties provided in 19 s. 775.261 s. 775.261(8). 20 (8) The failure of a career offender or murderer to 21 submit to the taking of a digitized photograph, or to 22 otherwise comply with the requirements of this section, is a 23 felony of the third degree, punishable as provided in s. 24 775.082 or, s. 775.083, or s. 775.084. 25 (9) The department, the Department of Highway Safety 26 and Motor Vehicles, the Department of Law Enforcement, 27 personnel of those departments, and any individual or entity 28 acting at the request or upon the direction of those 29 departments are immune from civil liability for damages for 30 good faith compliance with this section, and shall be presumed 31 to have acted in good faith in compiling, recording, 20 7:18 PM 04/04/05 s2056d-cj26-s04
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2056 Barcode 580530 1 reporting, or providing information. The presumption of good 2 faith is not overcome if technical or clerical errors are made 3 by the department, the Department of Highway Safety and Motor 4 Vehicles, the Department of Law Enforcement, personnel of 5 those departments, or any individual or entity acting at the 6 request or upon the direction of those departments in 7 compiling, recording, reporting, or providing information, or, 8 if the information is incomplete or incorrect because the 9 information has not been provided by a person or agency 10 required to provide the information, or because the 11 information was not reported or was falsely reported. 12 Section 5. Section 944.609, Florida Statutes, is 13 amended to read: 14 944.609 Career offenders and murderers; notification 15 upon release.-- 16 (1) As used in this section, the term: 17 (a) "Career offender" means a person who is in the 18 custody or control of, or under the supervision of, the 19 department or is in the custody or control of, or under the 20 supervision of a private correctional facility, who is 21 designated as a habitual violent felony offender, a violent 22 career criminal, or a three-time violent felony offender under 23 s. 775.084 or as a prison releasee reoffender under s. 24 775.082(9). 25 (b) "Murderer" means any person who has been convicted 26 of murder as described in s. 782.04 or any comparable law of 27 any other jurisdiction. 28 (2) The Legislature finds that certain career 29 offenders and murderers, by virtue of their histories of 30 offenses, present a threat to the public and to communities. 31 The Legislature finds that requiring these career offenders 21 7:18 PM 04/04/05 s2056d-cj26-s04
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2056 Barcode 580530 1 and murderers to register for the purpose of tracking the 2 career offenders and murderers and providing for notifying the 3 public and a community of the presence of a career offender or 4 murderer are important aids to law enforcement agencies, the 5 public, and communities if the career offender or murderer 6 engages again in criminal conduct. Registration is intended to 7 aid law enforcement agencies in timely apprehending a career 8 offender or murderer. Registration is not a punishment, but 9 merely a status. Notification to the public and communities of 10 the presence of a career offender or murderer aids the public 11 and communities in avoiding being victimized by the career 12 offender or murderer. The Legislature intends to require the 13 registration of career offenders and murderers and to 14 authorize law enforcement agencies to notify the public and 15 communities of the presence of a career offender or murderer. 16 (3)(a) The department must provide information 17 regarding any career offender or murderer who is being 18 released after serving a period of incarceration for any 19 offense, as follows: 20 1. The department must provide the career offender's 21 or murderer's name, any change in the career offender's or 22 murderer's name by reason of marriage or other legal process, 23 and any alias, if known; the correctional facility from which 24 the career offender or murderer is released; the career 25 offender's or murderer's social security number, race, gender, 26 date of birth, height, weight, and hair and eye color; date 27 and county of sentence and each crime for which the career 28 offender or murderer was sentenced; a copy of the career 29 offender's or murderer's fingerprints and a digitized 30 photograph taken within 60 days before release; the date of 31 release of the career offender or murderer; and the career 22 7:18 PM 04/04/05 s2056d-cj26-s04
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2056 Barcode 580530 1 offender's or murderer's intended residence address, if known. 2 The department shall notify the Department of Law Enforcement 3 if the career offender or murderer escapes, absconds, or dies. 4 If the career offender or murderer is in the custody of a 5 private correctional facility, the facility shall take the 6 digitized photograph of the career offender or murderer within 7 60 days before the career offender's or murderer's release and 8 provide this photograph to the Department of Corrections and 9 also place it in the career offender's or murderer's file. If 10 the career offender or murderer is in the custody of a local 11 jail, the custodian of the local jail shall notify the 12 Department of Law Enforcement of the career offender's or 13 murderer's release and provide to the Department of Law 14 Enforcement the information specified in this paragraph and 15 any information specified in subparagraph 2. which the 16 Department of Law Enforcement requests. 17 2. The department may provide any other information 18 deemed necessary, including criminal and corrections records 19 and nonprivileged personnel and treatment records, when 20 available. 21 (b) The department must provide the information 22 described in subparagraph (a)1. to: 23 1. The sheriff of the county where the career offender 24 or murderer was sentenced; 25 2. The sheriff of the county and, if applicable, the 26 police chief of the municipality, where the career offender or 27 murderer plans to reside; 28 3. The Department of Law Enforcement; 29 4. When requested, the victim of the offense, the 30 victim's parent or legal guardian if the victim is a minor, 31 the lawful representative of the victim or of the victim's 23 7:18 PM 04/04/05 s2056d-cj26-s04
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2056 Barcode 580530 1 parent or guardian if the victim is a minor, or the next of 2 kin if the victim is a homicide victim; and 3 5. Any person who requests such information, 4 5 within 6 months prior to the anticipated release of a career 6 offender or murderer or as soon as possible if a career 7 offender or murderer is released earlier than anticipated. All 8 such information provided to the Department of Law Enforcement 9 must be available electronically as soon as the information is 10 in the agency's database and must be in a format that is 11 compatible with the requirements of the Florida Crime 12 Information Center. 13 (c) Upon request, the department must provide the 14 information described in subparagraph (a)2. to: 15 1. The sheriff of the county where the career offender 16 or murderer was sentenced; and 17 2. The sheriff of the county and, if applicable, the 18 police chief of the municipality, where the career offender or 19 murderer plans to reside, 20 21 within 6 months prior to the anticipated release of a career 22 offender or murderer or as soon as possible if a career 23 offender or murderer is released earlier than anticipated. 24 (d) Upon receiving information regarding a career 25 offender or murderer from the department, the Department of 26 Law Enforcement, the sheriff, or the chief of police shall 27 provide the information described in subparagraph (a)1. to any 28 individual who requests such information and may release the 29 information to the public in any manner deemed appropriate, 30 unless the information is confidential or exempt from s. 31 119.07(1) and s. 24(a), Art. I of the State Constitution. 24 7:18 PM 04/04/05 s2056d-cj26-s04
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2056 Barcode 580530 1 (4) The department or any law enforcement agency may 2 notify the community and the public of the a career offender's 3 presence of a career offender or murderer in the community. 4 However, with respect to a career offender or murderer who has 5 been found to be a sexual predator under s. 775.21, the 6 Department of Law Enforcement or any other law enforcement 7 agency must inform the community and the public of the career 8 offender's or murderer's presence in the community, as 9 provided in s. 775.21. 10 (5) An elected or appointed official, public employee, 11 school administrator or employee, or agency, or any individual 12 or entity acting at the request or upon the direction of any 13 law enforcement agency, is immune from civil liability for 14 damages resulting from the good faith compliance with the 15 requirements of this section or the release of information 16 under this section. 17 Section 6. This act shall take effect July 1, 2005. 18 19 20 ================ T I T L E A M E N D M E N T =============== 21 And the title is amended as follows: 22 Delete everything before the enacting clause 23 24 and insert: 25 A bill to be entitled 26 An act relating to career offender and murderer 27 registration; amending s. 775.13, F.S.; 28 exempting a murderer who has registered under 29 another provision of law from certain 30 registration requirements; amending s. 775.26, 31 F.S.; providing legislative intent relating to 25 7:18 PM 04/04/05 s2056d-cj26-s04
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2056 Barcode 580530 1 registration of murderers and public 2 notification; amending s. 775.261, F.S.; 3 providing a short title; defining the terms 4 "murder" and "murderer" for purposes of the 5 registration of persons convicted of murder; 6 providing criteria for the registration of 7 persons convicted of murder; providing 8 exemptions; requiring the clerk of court to 9 secure and distribute fingerprints of a 10 convicted murderer who is not sentenced to 11 prison; requiring a person convicted of murder 12 to register with the Department of Corrections; 13 requiring the person to provide certain 14 information; requiring the sheriff to secure 15 and distribute a photo and fingerprints of a 16 registered murderer; requiring the Department 17 of Highway Safety and Motor Vehicles to forward 18 certain of the information provided by a 19 registered murderer to the Department of 20 Corrections; providing for notice, to law 21 enforcement officials, of the residence of a 22 registered murderer by the Department of 23 Corrections; providing criminal penalties for a 24 murderer who fails to provide certain 25 information regarding residence; providing for 26 the Department of Corrections to adopt 27 guidelines governing registration as a murderer 28 and dissemination of information regarding a 29 murderer; providing for removal of a person 30 from classification as a murderer; authorizing 31 a law enforcement agency to notify the 26 7:18 PM 04/04/05 s2056d-cj26-s04
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2056 Barcode 580530 1 community that a person convicted of murder is 2 present in the community; requiring the 3 department to develop a system to verify the 4 address of persons convicted of murder; 5 providing that a person convicted of murder 6 commits a felony of the third degree if he or 7 she fails to register or otherwise violates the 8 act; specifying the locations in which a person 9 convicted of murder may be prosecuted for 10 violations of the act; amending s. 944.608, 11 F.S.; defining the term "murderer"; requiring 12 the clerk of court to collect, and distribute 13 to the Department of Corrections, the 14 fingerprints of a murderer who is not sentenced 15 to prison; providing for registration of a 16 murderer who is not incarcerated; requiring a 17 registered murderer to provide certain 18 information; directing the department to 19 compile information relating to registered 20 murderers; providing for distribution of 21 information compiled by the department to the 22 Department of Law Enforcement; providing that a 23 murderer who violates the section commits a 24 felony of the third degree; amending s. 25 944.609, F.S.; defining the term "murderer"; 26 providing legislative intent; directing the 27 Department of Corrections to provide 28 information regarding a murderer who is being 29 released from incarceration to certain law 30 enforcement officials and other persons; 31 authorizing a law enforcement agency to notify 27 7:18 PM 04/04/05 s2056d-cj26-s04
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2056 Barcode 580530 1 the community that a murderer is present in the 2 community; providing an effective date. 3 4 5 6 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 7:18 PM 04/04/05 s2056d-cj26-s04