Senate Bill sb2056c1
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By the Committee on Criminal Justice; and Senator Baker
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1 A bill to be entitled
2 An act relating to career offender and murderer
3 registration; amending s. 775.13, F.S.;
4 exempting a murderer who has registered under
5 another provision of law from certain
6 registration requirements; amending s. 775.26,
7 F.S.; providing legislative intent relating to
8 registration of murderers and public
9 notification; amending s. 775.261, F.S.;
10 providing a short title; defining the terms
11 "murder" and "murderer" for purposes of the
12 registration of persons convicted of murder;
13 providing criteria for the registration of
14 persons convicted of murder; providing
15 exemptions; requiring the clerk of court to
16 secure and distribute fingerprints of a
17 convicted murderer who is not sentenced to
18 prison; requiring a person convicted of murder
19 to register with the Department of Corrections;
20 requiring the person to provide certain
21 information; requiring the sheriff to secure
22 and distribute a photo and fingerprints of a
23 registered murderer; requiring the Department
24 of Highway Safety and Motor Vehicles to forward
25 certain of the information provided by a
26 registered murderer to the Department of
27 Corrections; providing for notice, to law
28 enforcement officials, of the residence of a
29 registered murderer by the Department of
30 Corrections; providing criminal penalties for a
31 murderer who fails to provide certain
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1 information regarding residence; providing for
2 the Department of Corrections to adopt
3 guidelines governing registration as a murderer
4 and dissemination of information regarding a
5 murderer; providing for removal of a person
6 from classification as a murderer; authorizing
7 a law enforcement agency to notify the
8 community that a person convicted of murder is
9 present in the community; requiring the
10 department to develop a system to verify the
11 address of persons convicted of murder;
12 providing that a person convicted of murder
13 commits a felony of the third degree if he or
14 she fails to register or otherwise violates the
15 act; specifying the locations in which a person
16 convicted of murder may be prosecuted for
17 violations of the act; amending s. 944.608,
18 F.S.; defining the term "murderer"; requiring
19 the clerk of court to collect, and distribute
20 to the Department of Corrections, the
21 fingerprints of a murderer who is not sentenced
22 to prison; providing for registration of a
23 murderer who is not incarcerated; requiring a
24 registered murderer to provide certain
25 information; directing the department to
26 compile information relating to registered
27 murderers; providing for distribution of
28 information compiled by the department to the
29 Department of Law Enforcement; providing that a
30 murderer who violates the section commits a
31 felony of the third degree; amending s.
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1 944.609, F.S.; defining the term "murderer";
2 providing legislative intent; directing the
3 Department of Corrections to provide
4 information regarding a murderer who is being
5 released from incarceration to certain law
6 enforcement officials and other persons;
7 authorizing a law enforcement agency to notify
8 the community that a murderer is present in the
9 community; providing an effective date.
10
11 Be It Enacted by the Legislature of the State of Florida:
12
13 Section 1. Subsection (5) of section 775.13, Florida
14 Statutes, is amended to read:
15 775.13 Registration of convicted felons, exemptions;
16 penalties.--
17 (5) This section does not apply to an offender:
18 (a) Who has had his or her civil rights restored;
19 (b) Who has received a full pardon for the offense for
20 which convicted;
21 (c) Who has been lawfully released from incarceration
22 or other sentence or supervision for a felony conviction for
23 more than 5 years prior to such time for registration, unless
24 the offender is a fugitive from justice on a felony charge or
25 has been convicted of any offense since release from such
26 incarceration or other sentence or supervision;
27 (d) Who is a parolee or probationer under the
28 supervision of the United States Parole Commission if the
29 commission knows of and consents to the presence of the
30 offender in Florida or is a probationer under the supervision
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1 of any federal probation officer in the state or who has been
2 lawfully discharged from such parole or probation;
3 (e) Who is a sexual predator and has registered as
4 required under s. 775.21;
5 (f) Who is a sexual offender and has registered as
6 required in s. 943.0435 or s. 944.607; or
7 (g) Who is a career offender who has registered as
8 required in s. 775.261 or s. 944.609; or.
9 (h) Who is a murderer who has registered as required
10 under s. 775.261.
11 Section 2. Section 775.26, Florida Statutes, is
12 amended to read:
13 775.26 Registration of career offenders and murderers;
14 and public notification; legislative findings and intent.--The
15 Legislature finds that certain career offenders and murderers,
16 by virtue of their histories of offenses, present a threat to
17 the public and to communities. The Legislature finds that
18 requiring these career offenders and murderers to register for
19 the purpose of tracking them these career offenders and that
20 providing for notification of notifying the public and a
21 community of the presence of a career offender or murderer are
22 important aids to law enforcement agencies, the public, and
23 communities if a career offender or murderer engages again in
24 criminal conduct. Registration is intended to aid law
25 enforcement agencies in timely apprehending a career offender
26 or murderer. Registration is not a punishment, but merely a
27 status. Notification to the public and communities of the
28 presence of a career offender or murderer aids the public and
29 communities in avoiding victimization being victimized by a
30 career offender or murderer. The Legislature intends to
31 require the registration of career offenders and murderers and
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1 to authorize law enforcement agencies to notify the public and
2 communities of the presence of a career offender or murderer.
3 Section 3. Section 775.261, Florida Statutes, is
4 amended to read:
5 775.261 The Florida Career Offender and Murderer
6 Registration Act.--
7 (1) SHORT TITLE.--This section may be cited as "The
8 Florida Career Offender and Murderer Registration Act."
9 (2) DEFINITIONS.--As used in this section, the term:
10 (a) "Career offender" means any person who is
11 designated as a habitual violent felony offender, a violent
12 career criminal, or a three-time violent felony offender under
13 s. 775.084 or as a prison releasee reoffender under s.
14 775.082(9).
15 (b) "Chief of police" means the chief law enforcement
16 officer of a municipality.
17 (c) "Community" means any county where the career
18 offender or murderer lives or otherwise establishes or
19 maintains a temporary or permanent residence.
20 (d) "Conviction" or "convicted" means a determination
21 of guilt which is the result of a trial or the entry of a plea
22 of guilty or nolo contendere, regardless of whether
23 adjudication is withheld. A conviction for a similar offense
24 includes, but is not limited to, a conviction by a federal or
25 military tribunal, including a court-martial conducted by the
26 Armed Forces of the United States, and includes a conviction
27 or entry of a plea of guilty or nolo contendere resulting in a
28 sanction in any state of the United States or other
29 jurisdiction.
30 (e)(d) "Department" means the Department of Law
31 Enforcement.
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1 (f)(e) "Entering the county" includes being discharged
2 from a correctional facility, jail, or secure treatment
3 facility within the county or being under supervision within
4 the county with a career-offender designation as specified in
5 paragraph (a).
6 (g) "Murder" means the unlawful killing of a human
7 being as described in s. 782.04 or in any comparable law of
8 any other jurisdiction.
9 (h) "Murderer" means any person who has been convicted
10 of murder as described in s. 782.04 or in any comparable law
11 of any other jurisdiction.
12 (i)(f) "Permanent residence" means a place where the
13 career offender or murderer abides, lodges, or resides for 14
14 or more consecutive days.
15 (j)(g) "Temporary residence" means:
16 1. A place where the career offender or murderer
17 abides, lodges, or resides for a period of 14 or more days in
18 the aggregate during any calendar year and which is not his or
19 her the career offender's permanent address;
20 2. For a career offender or murderer whose permanent
21 residence is not in this state, a place where he or she the
22 career offender is employed, practices a vocation, or is
23 enrolled as a student for any period of time in this state; or
24 3. A place where the career offender or murderer
25 routinely abides, lodges, or resides for a period of 4 or more
26 consecutive or nonconsecutive days in any month and which is
27 not his or her the career offender's permanent residence,
28 including any out-of-state address.
29 (3) CRITERIA FOR REGISTRATION AS A CAREER OFFENDER.--
30 (a) A career offender released on or after January 1,
31 2003, from a sanction imposed in this state for a designation
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1 as a habitual violent felony offender, a violent career
2 criminal, or a three-time violent felony offender under s.
3 775.084 or as a prison releasee reoffender under s. 775.082(9)
4 must register as required under subsection (5) (4) and is
5 subject to community and public notification as provided under
6 subsection (6) (5). For purposes of this section, a sanction
7 imposed in this state includes, but is not limited to, a fine,
8 probation, community control, parole, conditional release,
9 control release, or incarceration in a state prison, private
10 correctional facility, or local detention facility, and:
11 1. The career offender has not received a pardon for
12 any felony or other qualified offense that is necessary for
13 the operation of this paragraph; or
14 2. A conviction of a felony or other qualified offense
15 necessary to the operation of this paragraph has not been set
16 aside in any postconviction proceeding.
17 (b) This subsection section does not apply to any
18 person who has been designated as a sexual predator and
19 required to register under s. 775.21 or who is required to
20 register as a sexual offender under s. 943.0435 or s. 944.607.
21 However, if a person is no longer required to register as a
22 sexual predator under s. 775.21 or as a sexual offender under
23 s. 943.0435 or s. 944.607, the person must register as a
24 career offender under this subsection section if the person is
25 otherwise designated as a career offender as provided in this
26 section.
27 (c) A person subject to registration as a career
28 offender is not subject to registration as a convicted felon
29 under s. 775.13. However, if the person is no longer required
30 to register as a career offender under subsection (5) this
31
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1 section, the person must register under s. 775.13 if required
2 to do so under that section.
3 (d) If a career offender is not sentenced to a term of
4 imprisonment, the clerk of the court shall ensure that the
5 career offender's fingerprints are taken and forwarded to the
6 department within 48 hours after the court renders its finding
7 that an offender is a career offender. The fingerprint card
8 shall be clearly marked, "Career Offender Registration Card."
9 (4) CRITERIA FOR REGISTRATION AS A CONVICTED
10 MURDERER.--
11 (a) A convicted murderer released on or after January
12 1, 2006, from a sanction imposed in this state for a violation
13 under s. 782.04 or a comparable law in this state or any other
14 jurisdiction, must register as required under subsection (5)
15 and is subject to community and public notification as
16 provided under subsection (6). For purposes of this section, a
17 sanction imposed in this state includes, but is not limited
18 to, a fine, probation, community control, parole, conditional
19 release, control release, or incarceration in a state prison,
20 private correctional facility, or local detention facility,
21 and:
22 1. The murderer has not been granted a pardon for the
23 murder which is the precondition for the application of this
24 paragraph; or
25 2. A conviction of the murder that is the precondition
26 for the application of this paragraph has not been set aside
27 in any postconviction proceeding.
28 (b) This subsection does not apply to a person who has
29 been designated as sexual predator and is required to register
30 under s. 775.21 or who is required to register as a sexual
31 offender under s. 943.0435 or s. 944.607. However, if a
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1 person is no longer required to register as a sexual predator
2 under s. 775.21 or as a sexual offender under s. 943.0435 or
3 s. 944.607, the person must register as a murderer under this
4 subsection if the person is otherwise designated as a murderer
5 as provided in this section.
6 (c) A person subject to registration as a murderer is
7 not subject to registration as a career offender under
8 subsection (3). However, if the person is no longer required
9 to register as a murderer under subsection (5) and meets the
10 criteria for registration as a career offender the person must
11 register as a career offender.
12 (d) A person subject to registration as a murderer is
13 not subject to registration as a convicted felon under s.
14 775.13. However, if the person is no longer required to
15 register as a murderer under subsection (5), the person must
16 register under s. 775.13 if required to do so under that
17 section.
18 (e) If a murderer is not sentenced to a term of
19 imprisonment, the clerk of court shall ensure that the
20 murderer's fingerprints are taken and forwarded to the
21 department within 48 hours after the court renders its finding
22 that an offender is a murderer. The fingerprint card shall be
23 clearly marked "Murderer Registration Card."
24 (5)(4) REGISTRATION.--
25 (a) A career offender or murderer must register with
26 the department by providing the following information to the
27 department, or to the sheriff's office in the county in which
28 the career offender or murderer establishes or maintains a
29 permanent or temporary residence, within 2 working days after
30 establishing permanent or temporary residence in this state or
31 within 2 working days after being released from the custody,
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1 control, or supervision of the Department of Corrections, or
2 from the custody of a private correctional facility, or from
3 the custody of any other jurisdiction:
4 1. Name, social security number, age, race, gender,
5 date of birth, height, weight, hair and eye color, photograph,
6 address of legal residence and address of any current
7 temporary residence within the state or out of state,
8 including a rural route address or a post office box, date and
9 place of any employment, date and place of each conviction,
10 fingerprints, and a brief description of the crime or crimes
11 committed by the career offender or murderer. A career
12 offender or murderer may not provide a post office box in lieu
13 of a physical residential address. If the career offender's or
14 murderer's place of residence is a motor vehicle, trailer,
15 mobile home, or manufactured home, as defined in chapter 320,
16 the career offender or murderer shall also provide to the
17 department written notice of the vehicle identification
18 number; the license tag number; the registration number; and a
19 description, including color scheme, of the motor vehicle,
20 trailer, mobile home, or manufactured home. If a career
21 offender's or murderer's place of residence is a vessel,
22 live-aboard vessel, or houseboat, as defined in chapter 327,
23 the career offender or murderer shall also provide to the
24 department written notice of the hull identification number;
25 the manufacturer's serial number; the name of the vessel,
26 live-aboard vessel, or houseboat; the registration number; and
27 a description, including color scheme, of the vessel,
28 live-aboard vessel, or houseboat.
29 2. Any other information determined necessary by the
30 department, including criminal and corrections records;
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1 nonprivileged personnel and treatment records; and evidentiary
2 genetic markers when available.
3 (b) If a career offender or murderer registers with
4 the sheriff's office, the sheriff shall take a photograph and
5 a set of fingerprints of the career offender or murderer and
6 forward the photographs and fingerprints to the department,
7 along with the information that the career offender or
8 murderer is required to provide under pursuant to this
9 section.
10 (c) Within 2 working days after the registration
11 required under paragraph (a), a career offender or murderer
12 who is not incarcerated and who resides in the community,
13 including a career offender or murderer under the supervision
14 of the Department of Corrections under pursuant to s. 944.608,
15 shall register in person at a driver's license office of the
16 Department of Highway Safety and Motor Vehicles and shall
17 present proof of registration. At the driver's license office,
18 the career offender or murderer shall:
19 1. If otherwise qualified, secure a Florida driver's
20 license, renew a Florida driver's license, or secure an
21 identification card. The career offender or murderer shall
22 identify himself or herself as a career offender or murderer
23 who is required to comply with this section, provide his or
24 her place of permanent or temporary residence, including a
25 rural route address or a post office box, and submit to the
26 taking of a photograph for use in issuing a driver's license,
27 renewed license, or identification card, and for use by the
28 department in maintaining current records of career offenders.
29 The career offender or murderer may not provide a post office
30 box in lieu of a physical residential address. If the career
31 offender's or murderer's place of residence is a motor
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1 vehicle, trailer, mobile home, or manufactured home, as
2 defined in chapter 320, the career offender or murderer shall
3 also provide to the Department of Highway Safety and Motor
4 Vehicles the vehicle identification number; the license tag
5 number; the motor vehicle registration number; and a
6 description, including color scheme, of the motor vehicle,
7 trailer, mobile home, or manufactured home. If a career
8 offender's or murderer's place of residence is a vessel,
9 live-aboard vessel, or houseboat, as defined in chapter 327,
10 the career offender or murderer shall also provide to the
11 Department of Highway Safety and Motor Vehicles the hull
12 identification number; the manufacturer's serial number; the
13 name of the vessel, live-aboard vessel, or houseboat; the
14 registration number; and a description, including color
15 scheme, of the vessel, live-aboard vessel, or houseboat.
16 2. Pay the costs assessed by the Department of Highway
17 Safety and Motor Vehicles for issuing or renewing a driver's
18 license or identification card as required by this section.
19 3. Provide, upon request, any additional information
20 necessary to confirm the identity of the career offender or
21 murderer, including a set of fingerprints.
22 (d) Each time a career offender's or murderer's
23 driver's license or identification card is subject to renewal,
24 and within 2 working days after any change of the career
25 offender's or murderer's residence or change in the career
26 offender's or murderer's name by reason of marriage or other
27 legal process, the career offender or murderer must report in
28 person to a driver's license office, and shall be subject to
29 the requirements specified in paragraph (c). The Department of
30 Highway Safety and Motor Vehicles shall forward to the
31 department and to the Department of Corrections all
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1 photographs and information provided by career offenders or
2 murderers. Notwithstanding the restrictions set forth in s.
3 322.142, the Department of Highway Safety and Motor Vehicles
4 may release a reproduction of a color-photograph or
5 digital-image license to the department for purposes of public
6 notification of career offenders or murderers as provided in
7 this section.
8 (e) If the career offender or murderer registers at an
9 office of the department, the department must notify the
10 sheriff and, if applicable, the police chief of the
11 municipality, where the career offender or murderer maintains
12 a residence within 48 hours after he or she the career
13 offender registers with the department.
14 (f) A career offender or murderer who intends to
15 establish residence in another state or jurisdiction other
16 than the State of Florida shall report in person to the
17 sheriff of the county of current residence or the department
18 within 2 working days before the date he or she intends to
19 leave this state to establish residence in another state or
20 jurisdiction other than the State of Florida. If the career
21 offender or murderer is under the supervision of the
22 Department of Corrections, the career offender or murderer
23 shall notify the supervising probation officer of his or her
24 intent to transfer supervision, satisfy all transfer
25 requirements under pursuant to the Interstate Compact for
26 Supervision of Adult Offenders, as provided in s. 949.07, and
27 abide by the decision of the receiving jurisdiction to accept
28 or deny transfer. The career offender or murderer must provide
29 to the sheriff or department the address, municipality,
30 county, and state of intended residence. The sheriff shall
31 promptly provide to the department the information received
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1 from the career offender or murderer. The failure of a career
2 offender or murderer to provide his or her intended place of
3 residence is punishable as provided in subsection (9) (8).
4 (g) A career offender or murderer who indicates his or
5 her intent to reside in a state or jurisdiction other than the
6 State of Florida and later decides to remain in this state
7 shall, within 2 working days after the date upon which the
8 career offender or murderer indicated he or she would leave
9 this state, report in person to the sheriff or the department,
10 whichever agency is the agency to which the career offender or
11 murderer reported the intended change of residence, of his or
12 her intent to remain in this state. If the sheriff is notified
13 by the career offender or murderer that he or she intends to
14 remain in this state, the sheriff shall promptly report this
15 information to the department. A career offender or murderer
16 who reports his or her intent to reside in a state or
17 jurisdiction other than the State of Florida, but who remains
18 in this state without reporting to the sheriff or the
19 department in the manner required by this paragraph, commits a
20 felony of the second degree, punishable as provided in s.
21 775.082, s. 775.083, or s. 775.084.
22 (h)1. The department shall maintain on-line computer
23 access to the current information regarding each registered
24 career offender and murderer. The department must maintain
25 hotline access so that state, local, and federal law
26 enforcement agencies may obtain instantaneous locator file and
27 criminal characteristics information on release and
28 registration of career offenders and murderers for purposes of
29 monitoring, tracking, and prosecution. The photograph and
30 fingerprints need not be stored in a computerized format.
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1 2. The department's career offender and murderer
2 registration lists list, containing the information described
3 in subparagraph (a)1., are subject to chapter 119 is a public
4 record. The department may disseminate this public information
5 by any means deemed appropriate, including operating a
6 toll-free telephone number for this purpose. When the
7 department provides information regarding a career offender or
8 murderer to the public, department personnel must advise the
9 person making the inquiry that positive identification of a
10 person believed to be a career offender or murderer cannot be
11 established unless a fingerprint comparison is made, and that
12 it is illegal to use public information regarding a career
13 offender or murderer to facilitate the commission of a crime.
14 3. The department shall adopt guidelines as necessary
15 regarding the registration of a career offender or murderer
16 and the dissemination of information regarding a career
17 offender or murderer as required by this section.
18 (i) A career offender or murderer must maintain
19 registration with the department for the duration of his or
20 her life, unless the career offender or murderer has received
21 a full pardon or has had a conviction set aside in a
22 postconviction proceeding for any offense that meets the
23 criteria for classifying the person as a career offender or
24 murderer for purposes of registration. However, a registered
25 career offender who has been lawfully released from
26 confinement, supervision, or sanction, whichever is later, for
27 at least 20 years and has not been arrested for any felony or
28 misdemeanor offense since release may petition the criminal
29 division of the circuit court of the circuit in which the
30 registered career offender resides for the purpose of removing
31 the requirement for registration as a career offender. The
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1 court may grant or deny such relief if the registered career
2 offender demonstrates to the court that he or she has not been
3 arrested for any crime since release and the court is
4 otherwise satisfied that the registered career offender is not
5 a current or potential threat to public safety. The state
6 attorney in the circuit in which the petition is filed must be
7 given notice of the petition at least 3 weeks before the
8 hearing on the matter. The state attorney may present evidence
9 in opposition to the requested relief or may otherwise
10 demonstrate the reasons why the petition should be denied. If
11 the court denies the petition, the court may set a future date
12 at which the registered career offender may again petition the
13 court for relief, subject to the standards for relief provided
14 in this paragraph. The department shall remove a person from
15 classification as a career offender or murderer for purposes
16 of registration if the person provides to the department a
17 certified copy of the court's written findings or order that
18 indicates that the person is no longer required to comply with
19 the requirements for registration as a career offender or
20 murderer.
21 (6)(5) COMMUNITY AND PUBLIC NOTIFICATION.--
22 (a) Law enforcement agencies may inform the community
23 and the public of the presence of a career offender or
24 murderer in the community. Upon notification of the presence
25 of a career offender or murderer, the sheriff of the county or
26 the chief of police of the municipality where the career
27 offender or murderer establishes or maintains a permanent or
28 temporary residence may notify the community and the public of
29 the presence of the career offender or murderer in a manner
30 deemed appropriate by the sheriff or the chief of police.
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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
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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, s. 775.083, or
18 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
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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
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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
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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
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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, 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,
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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
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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
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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
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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,
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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.
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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.
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1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 2056
3
4 - Section 775.13, F.S., pertaining to the registration of
convicted felons, is added to the committee substitute
5 and amended to provide that a murderer who registers
under the Career Offender statute, s. 775.261, F.S., is
6 exempt from registering under s. 775.13, F.S.
7 - Section 775.26, F.S., pertaining to the registration of
career offenders, is also added to the committee
8 substitute and murderers are required to register as
career offenders.
9
- Language is added to s. 775.261(4), F.S., to track the
10 language for career offenders earlier in that section. It
establishes that a person who is required to register as
11 a sexual predator or a sexual offender does not need to
register as a murderer unless otherwise required to do
12 so. However, if a person is no longer required to
register as a murderer he or she might still be required
13 to register as a career offender or convicted felon under
special circumstances.
14
- Larger portions of s. 944.608, F.S., which address the
15 responsibilities of career offenders to notify FDLE, are
included in the bill and amended to define and include
16 murderers in those reporting provisions.
17 - Section 944.609, F.S., is added to the committee
substitute to provide that the public has a right to know
18 when murderers, like career offenders, are present in
their communities. The section requires the Department of
19 Corrections to notify and provide information to FDLE,
sheriffs, and police chiefs, when appropriate, and other
20 interested people, when the murderer intends to reside in
that community.
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