| 1 | A bill to be entitled |
| 2 | An act relating to domestic violence; amending s. 775.261, |
| 3 | F.S.; revising the definition of the term "career |
| 4 | offender" for purposes of the Florida Career Offender |
| 5 | Registration Act to include severe domestic violence |
| 6 | offenders; defining the term "severe domestic violence |
| 7 | offender"; subjecting such offenders to the registration |
| 8 | provisions of the act; providing penalties for violations; |
| 9 | providing an effective date. |
| 10 |
|
| 11 | Be It Enacted by the Legislature of the State of Florida: |
| 12 |
|
| 13 | Section 1. Section 775.261, Florida Statutes, is amended |
| 14 | to read: |
| 15 | 775.261 The Florida Career Offender Registration Act.- |
| 16 | (1) SHORT TITLE.-This section may be cited as "The Florida |
| 17 | Career Offender Registration Act." |
| 18 | (2) DEFINITIONS.-As used in this section, the term: |
| 19 | (a) "Career offender" means any person who is designated |
| 20 | as a severe domestic violence offender, a habitual violent |
| 21 | felony offender, a violent career criminal, or a three-time |
| 22 | violent felony offender under s. 775.084 or as a prison releasee |
| 23 | reoffender under s. 775.082(9). |
| 24 | (b) "Chief of police" means the chief law enforcement |
| 25 | officer of a municipality. |
| 26 | (c) "Community" means any county where the career offender |
| 27 | lives or otherwise establishes or maintains a temporary or |
| 28 | permanent residence. |
| 29 | (d) "Department" means the Department of Law Enforcement. |
| 30 | (e) "Entering the county" includes being discharged from a |
| 31 | correctional facility, jail, or secure treatment facility within |
| 32 | the county or being under supervision within the county with a |
| 33 | career-offender designation as specified in paragraph (a). |
| 34 | (f) "Permanent residence" means a place where the career |
| 35 | offender abides, lodges, or resides for 14 or more consecutive |
| 36 | days. |
| 37 | (g) "Severe domestic violence offender" means a person |
| 38 | convicted of an offense of domestic violence, as defined in s. |
| 39 | 741.28, and the offense is classified as a felony of the second |
| 40 | degree or higher. |
| 41 | (h)(g) "Temporary residence" means: |
| 42 | 1. A place where the career offender abides, lodges, or |
| 43 | resides for a period of 14 or more days in the aggregate during |
| 44 | any calendar year and which is not the career offender's |
| 45 | permanent address; |
| 46 | 2. For a career offender whose permanent residence is not |
| 47 | in this state, a place where the career offender is employed, |
| 48 | practices a vocation, or is enrolled as a student for any period |
| 49 | of time in this state; or |
| 50 | 3. A place where the career offender routinely abides, |
| 51 | lodges, or resides for a period of 4 or more consecutive or |
| 52 | nonconsecutive days in any month and which is not the career |
| 53 | offender's permanent residence, including any out-of-state |
| 54 | address. |
| 55 | (3) CRITERIA FOR REGISTRATION AS A CAREER OFFENDER.- |
| 56 | (a) A career offender released on or after July 1, 2002, |
| 57 | from a sanction imposed in this state must register as required |
| 58 | under subsection (4) and is subject to community and public |
| 59 | notification as provided under subsection (5). For purposes of |
| 60 | this section, a sanction imposed in this state includes, but is |
| 61 | not limited to, a fine, probation, community control, parole, |
| 62 | conditional release, control release, or incarceration in a |
| 63 | state prison, private correctional facility, or local detention |
| 64 | facility, and: |
| 65 | 1. The career offender has not received a pardon for any |
| 66 | felony or other qualified offense that is necessary for the |
| 67 | operation of this paragraph; or |
| 68 | 2. A conviction of a felony or other qualified offense |
| 69 | necessary to the operation of this paragraph has not been set |
| 70 | aside in any postconviction proceeding. |
| 71 | (b) This section does not apply to any person who has been |
| 72 | designated as a sexual predator and required to register under |
| 73 | s. 775.21 or who is required to register as a sexual offender |
| 74 | under s. 943.0435 or s. 944.607. However, if a person is no |
| 75 | longer required to register as a sexual predator under s. 775.21 |
| 76 | or as a sexual offender under s. 943.0435 or s. 944.607, the |
| 77 | person must register as a career offender under this section if |
| 78 | the person is otherwise designated as a career offender as |
| 79 | provided in this section. |
| 80 | (c) A person subject to registration as a career offender |
| 81 | is not subject to registration as a convicted felon under s. |
| 82 | 775.13. However, if the person is no longer required to register |
| 83 | as a career offender under this section, the person must |
| 84 | register under s. 775.13 if required to do so under that |
| 85 | section. |
| 86 | (d) If a career offender is not sentenced to a term of |
| 87 | imprisonment, the clerk of the court shall ensure that the |
| 88 | career offender's fingerprints are taken and forwarded to the |
| 89 | department within 48 hours after the court renders its finding |
| 90 | that an offender is a career offender. The fingerprint card |
| 91 | shall be clearly marked, "Career Offender Registration Card." |
| 92 | (4) REGISTRATION.- |
| 93 | (a) A career offender must register with the department by |
| 94 | providing the following information to the department, or to the |
| 95 | sheriff's office in the county in which the career offender |
| 96 | establishes or maintains a permanent or temporary residence, |
| 97 | within 2 working days after establishing permanent or temporary |
| 98 | residence in this state or within 2 working days after being |
| 99 | released from the custody, control, or supervision of the |
| 100 | Department of Corrections or from the custody of a private |
| 101 | correctional facility: |
| 102 | 1. Name, social security number, age, race, gender, date |
| 103 | of birth, height, weight, hair and eye color, photograph, |
| 104 | address of legal residence and address of any current temporary |
| 105 | residence within the state or out of state, including a rural |
| 106 | route address or a post office box, date and place of any |
| 107 | employment, date and place of each conviction, fingerprints, and |
| 108 | a brief description of the crime or crimes committed by the |
| 109 | career offender. A career offender may not provide a post office |
| 110 | box in lieu of a physical residential address. If the career |
| 111 | offender's place of residence is a motor vehicle, trailer, |
| 112 | mobile home, or manufactured home, as defined in chapter 320, |
| 113 | the career offender shall also provide to the department written |
| 114 | notice of the vehicle identification number; the license tag |
| 115 | number; the registration number; and a description, including |
| 116 | color scheme, of the motor vehicle, trailer, mobile home, or |
| 117 | manufactured home. If a career offender's place of residence is |
| 118 | a vessel, live-aboard vessel, or houseboat, as defined in |
| 119 | chapter 327, the career offender shall also provide to the |
| 120 | department written notice of the hull identification number; the |
| 121 | manufacturer's serial number; the name of the vessel, live- |
| 122 | aboard vessel, or houseboat; the registration number; and a |
| 123 | description, including color scheme, of the vessel, live-aboard |
| 124 | vessel, or houseboat. |
| 125 | 2. Any other information determined necessary by the |
| 126 | department, including criminal and corrections records; |
| 127 | nonprivileged personnel and treatment records; and evidentiary |
| 128 | genetic markers when available. |
| 129 | (b) If a career offender registers with the sheriff's |
| 130 | office, the sheriff shall take a photograph and a set of |
| 131 | fingerprints of the career offender and forward the photographs |
| 132 | and fingerprints to the department, along with the information |
| 133 | that the career offender is required to provide pursuant to this |
| 134 | section. |
| 135 | (c) Within 2 working days after the registration required |
| 136 | under paragraph (a), a career offender who is not incarcerated |
| 137 | and who resides in the community, including a career offender |
| 138 | under the supervision of the Department of Corrections pursuant |
| 139 | to s. 944.608, shall register in person at a driver's license |
| 140 | office of the Department of Highway Safety and Motor Vehicles |
| 141 | and shall present proof of registration. At the driver's license |
| 142 | office, the career offender shall: |
| 143 | 1. If otherwise qualified, secure a Florida driver's |
| 144 | license, renew a Florida driver's license, or secure an |
| 145 | identification card. The career offender shall identify himself |
| 146 | or herself as a career offender who is required to comply with |
| 147 | this section, provide his or her place of permanent or temporary |
| 148 | residence, including a rural route address or a post office box, |
| 149 | and submit to the taking of a photograph for use in issuing a |
| 150 | driver's license, renewed license, or identification card, and |
| 151 | for use by the department in maintaining current records of |
| 152 | career offenders. The career offender may not provide a post |
| 153 | office box in lieu of a physical residential address. If the |
| 154 | career offender's place of residence is a motor vehicle, |
| 155 | trailer, mobile home, or manufactured home, as defined in |
| 156 | chapter 320, the career offender shall also provide to the |
| 157 | Department of Highway Safety and Motor Vehicles the vehicle |
| 158 | identification number; the license tag number; the motor vehicle |
| 159 | registration number; and a description, including color scheme, |
| 160 | of the motor vehicle, trailer, mobile home, or manufactured |
| 161 | home. If a career offender's place of residence is a vessel, |
| 162 | live-aboard vessel, or houseboat, as defined in chapter 327, the |
| 163 | career offender shall also provide to the Department of Highway |
| 164 | Safety and Motor Vehicles the hull identification number; the |
| 165 | manufacturer's serial number; the name of the vessel, live- |
| 166 | aboard vessel, or houseboat; the registration number; and a |
| 167 | description, including color scheme, of the vessel, live-aboard |
| 168 | vessel, or houseboat. |
| 169 | 2. Pay the costs assessed by the Department of Highway |
| 170 | Safety and Motor Vehicles for issuing or renewing a driver's |
| 171 | license or identification card as required by this section. |
| 172 | 3. Provide, upon request, any additional information |
| 173 | necessary to confirm the identity of the career offender, |
| 174 | including a set of fingerprints. |
| 175 | (d) Each time a career offender's driver's license or |
| 176 | identification card is subject to renewal, and within 2 working |
| 177 | days after any change of the career offender's residence or |
| 178 | change in the career offender's name by reason of marriage or |
| 179 | other legal process, the career offender must report in person |
| 180 | to a driver's license office, and shall be subject to the |
| 181 | requirements specified in paragraph (c). The Department of |
| 182 | Highway Safety and Motor Vehicles shall forward to the |
| 183 | department and to the Department of Corrections all photographs |
| 184 | and information provided by career offenders. Notwithstanding |
| 185 | the restrictions set forth in s. 322.142, the Department of |
| 186 | Highway Safety and Motor Vehicles may release a reproduction of |
| 187 | a color-photograph or digital-image license to the department |
| 188 | for purposes of public notification of career offenders as |
| 189 | provided in this section. |
| 190 | (e) If the career offender registers at an office of the |
| 191 | department, the department must notify the sheriff and, if |
| 192 | applicable, the police chief of the municipality, where the |
| 193 | career offender maintains a residence within 48 hours after the |
| 194 | career offender registers with the department. |
| 195 | (f) A career offender who intends to establish residence |
| 196 | in another state or jurisdiction other than the State of Florida |
| 197 | shall report in person to the sheriff of the county of current |
| 198 | residence or the department within 2 working days before the |
| 199 | date he or she intends to leave this state to establish |
| 200 | residence in another state or jurisdiction other than the State |
| 201 | of Florida. If the career offender is under the supervision of |
| 202 | the Department of Corrections, the career offender shall notify |
| 203 | the supervising probation officer of his or her intent to |
| 204 | transfer supervision, satisfy all transfer requirements pursuant |
| 205 | to the Interstate Compact for Supervision of Adult Offenders, as |
| 206 | provided in s. 949.07, and abide by the decision of the |
| 207 | receiving jurisdiction to accept or deny transfer. The career |
| 208 | offender must provide to the sheriff or department the address, |
| 209 | municipality, county, and state of intended residence. The |
| 210 | sheriff shall promptly provide to the department the information |
| 211 | received from the career offender. The failure of a career |
| 212 | offender to provide his or her intended place of residence is |
| 213 | punishable as provided in subsection (8). |
| 214 | (g) A career offender who indicates his or her intent to |
| 215 | reside in a state or jurisdiction other than the State of |
| 216 | Florida and later decides to remain in this state shall, within |
| 217 | 2 working days after the date upon which the career offender |
| 218 | indicated he or she would leave this state, report in person to |
| 219 | the sheriff or the department, whichever agency is the agency to |
| 220 | which the career offender reported the intended change of |
| 221 | residence, of his or her intent to remain in this state. If the |
| 222 | sheriff is notified by the career offender that he or she |
| 223 | intends to remain in this state, the sheriff shall promptly |
| 224 | report this information to the department. A career offender who |
| 225 | reports his or her intent to reside in a state or jurisdiction |
| 226 | other than the State of Florida, but who remains in this state |
| 227 | without reporting to the sheriff or the department in the manner |
| 228 | required by this paragraph, commits a felony of the second |
| 229 | degree, punishable as provided in s. 775.082, s. 775.083, or s. |
| 230 | 775.084. |
| 231 | (h)1. The department shall maintain online computer access |
| 232 | to the current information regarding each registered career |
| 233 | offender. The department must maintain hotline access so that |
| 234 | state, local, and federal law enforcement agencies may obtain |
| 235 | instantaneous locator file and criminal characteristics |
| 236 | information on release and registration of career offenders for |
| 237 | purposes of monitoring, tracking, and prosecution. The |
| 238 | photograph and fingerprints need not be stored in a computerized |
| 239 | format. |
| 240 | 2. The department's career offender registration list, |
| 241 | containing the information described in subparagraph (a)1., is a |
| 242 | public record. The department may disseminate this public |
| 243 | information by any means deemed appropriate, including operating |
| 244 | a toll-free telephone number for this purpose. When the |
| 245 | department provides information regarding a career offender to |
| 246 | the public, department personnel must advise the person making |
| 247 | the inquiry that positive identification of a person believed to |
| 248 | be a career offender cannot be established unless a fingerprint |
| 249 | comparison is made, and that it is illegal to use public |
| 250 | information regarding a career offender to facilitate the |
| 251 | commission of a crime. |
| 252 | 3. The department shall adopt guidelines as necessary |
| 253 | regarding the registration of a career offender and the |
| 254 | dissemination of information regarding a career offender as |
| 255 | required by this section. |
| 256 | (i) A career offender must maintain registration with the |
| 257 | department for the duration of his or her life, unless the |
| 258 | career offender has received a full pardon or has had a |
| 259 | conviction set aside in a postconviction proceeding for any |
| 260 | offense that meets the criteria for classifying the person as a |
| 261 | career offender for purposes of registration. However, a |
| 262 | registered career offender who has been lawfully released from |
| 263 | confinement, supervision, or sanction, whichever is later, for |
| 264 | at least 20 years and has not been arrested for any felony or |
| 265 | misdemeanor offense since release may petition the criminal |
| 266 | division of the circuit court of the circuit in which the |
| 267 | registered career offender resides for the purpose of removing |
| 268 | the requirement for registration as a career offender. The court |
| 269 | may grant or deny such relief if the registered career offender |
| 270 | demonstrates to the court that he or she has not been arrested |
| 271 | for any crime since release and the court is otherwise satisfied |
| 272 | that the registered career offender is not a current or |
| 273 | potential threat to public safety. The state attorney in the |
| 274 | circuit in which the petition is filed must be given notice of |
| 275 | the petition at least 3 weeks before the hearing on the matter. |
| 276 | The state attorney may present evidence in opposition to the |
| 277 | requested relief or may otherwise demonstrate the reasons why |
| 278 | the petition should be denied. If the court denies the petition, |
| 279 | the court may set a future date at which the registered career |
| 280 | offender may again petition the court for relief, subject to the |
| 281 | standards for relief provided in this paragraph. The department |
| 282 | shall remove a person from classification as a career offender |
| 283 | for purposes of registration if the person provides to the |
| 284 | department a certified copy of the court's written findings or |
| 285 | order that indicates that the person is no longer required to |
| 286 | comply with the requirements for registration as a career |
| 287 | offender. |
| 288 | (5) COMMUNITY AND PUBLIC NOTIFICATION.- |
| 289 | (a) Law enforcement agencies may inform the community and |
| 290 | the public of the presence of a career offender in the |
| 291 | community. Upon notification of the presence of a career |
| 292 | offender, the sheriff of the county or the chief of police of |
| 293 | the municipality where the career offender establishes or |
| 294 | maintains a permanent or temporary residence may notify the |
| 295 | community and the public of the presence of the career offender |
| 296 | in a manner deemed appropriate by the sheriff or the chief of |
| 297 | police. |
| 298 | (b) The sheriff or the police chief may coordinate the |
| 299 | community and public notification efforts with the department. |
| 300 | Statewide notification to the public is authorized, as deemed |
| 301 | appropriate by local law enforcement personnel and the |
| 302 | department. |
| 303 | (6) VERIFICATION.-The department and the Department of |
| 304 | Corrections shall implement a system for verifying the addresses |
| 305 | of career offenders. The sheriff of each county shall annually |
| 306 | verify the addresses of career offenders who are not under the |
| 307 | care, custody, control, or supervision of the Department of |
| 308 | Corrections. The sheriff shall promptly provide the address |
| 309 | verification information to the department in an electronic |
| 310 | format. The address verification information must include the |
| 311 | verifying person's name, agency, and phone number, the date of |
| 312 | verification, and the method of verification, and must specify |
| 313 | whether the address information was verified as correct, |
| 314 | incorrect, or unconfirmed. |
| 315 | (7) IMMUNITY.-The department, the Department of Highway |
| 316 | Safety and Motor Vehicles, the Department of Corrections, any |
| 317 | law enforcement agency in this state, and the personnel of those |
| 318 | departments; an elected or appointed official, public employee, |
| 319 | or school administrator; or an employee, agency, or any |
| 320 | individual or entity acting at the request or upon the direction |
| 321 | of any law enforcement agency is immune from civil liability for |
| 322 | damages for good faith compliance with the requirements of this |
| 323 | section or for the release of information under this section and |
| 324 | shall be presumed to have acted in good faith in compiling, |
| 325 | recording, reporting, or releasing the information. The |
| 326 | presumption of good faith is not overcome if a technical or |
| 327 | clerical error is made by the department, the Department of |
| 328 | Highway Safety and Motor Vehicles, the Department of |
| 329 | Corrections, the personnel of those departments, or any |
| 330 | individual or entity acting at the request or upon the direction |
| 331 | of any of those departments in compiling or providing |
| 332 | information, or if information is incomplete or incorrect |
| 333 | because a career offender fails to report or falsely reports his |
| 334 | or her current place of permanent or temporary residence. |
| 335 | (8) PENALTIES.- |
| 336 | (a) Except as otherwise specifically provided, a career |
| 337 | offender who fails to register; who fails, after registration, |
| 338 | to maintain, acquire, or renew a driver's license or |
| 339 | identification card; who fails to provide required location |
| 340 | information or change-of-name information; or who otherwise |
| 341 | fails, by act or omission, to comply with the requirements of |
| 342 | this section, commits a felony of the third degree, punishable |
| 343 | as provided in s. 775.082, s. 775.083, or s. 775.084. |
| 344 | (b) Any person who misuses public records information |
| 345 | concerning a career offender, as defined in this section, or a |
| 346 | career offender, as defined in s. 944.608 or s. 944.609, to |
| 347 | secure a payment from such career offender; who knowingly |
| 348 | distributes or publishes false information concerning such a |
| 349 | career offender which the person misrepresents as being public |
| 350 | records information; or who materially alters public records |
| 351 | information with the intent to misrepresent the information, |
| 352 | including documents, summaries of public records information |
| 353 | provided by law enforcement agencies, or public records |
| 354 | information displayed by law enforcement agencies on websites or |
| 355 | provided through other means of communication, commits a |
| 356 | misdemeanor of the first degree, punishable as provided in s. |
| 357 | 775.082 or s. 775.083. |
| 358 | (9) PROSECUTIONS FOR ACTS OR OMISSIONS.-A career offender |
| 359 | who commits any act or omission in violation of this section, s. |
| 360 | 944.608, or s. 944.609 may be prosecuted for the act or omission |
| 361 | in the county in which the act or omission was committed, the |
| 362 | county of the last registered address of the career offender, |
| 363 | the county in which the conviction occurred for the offense or |
| 364 | offenses that meet the criteria for designating a person as a |
| 365 | career offender, or in the county in which he or she was |
| 366 | designated a career offender. |
| 367 | (10) ASSISTING IN NONCOMPLIANCE.-It is a misdemeanor of |
| 368 | the first degree, punishable as provided in s. 775.082 or s. |
| 369 | 775.083, for a person who has reason to believe that a career |
| 370 | offender is not complying, or has not complied, with the |
| 371 | requirements of this section and who, with the intent to assist |
| 372 | the career offender in eluding a law enforcement agency that is |
| 373 | seeking to find the career offender to question the career |
| 374 | offender about, or to arrest the career offender for, his or her |
| 375 | noncompliance with the requirements of this section, to: |
| 376 | (a) Withhold information from, or fail to notify, the law |
| 377 | enforcement agency about the career offender's noncompliance |
| 378 | with the requirements of this section and, if known, the |
| 379 | whereabouts of the career offender; |
| 380 | (b) Harbor or attempt to harbor, or assist another in |
| 381 | harboring or attempting to harbor, the career offender; |
| 382 | (c) Conceal or attempt to conceal, or assist another in |
| 383 | concealing or attempting to conceal, the career offender; or |
| 384 | (d) Provide information to the law enforcement agency |
| 385 | regarding the career offender which the person knows to be |
| 386 | false. |
| 387 | Section 2. This act shall take effect October 1, 2011. |