HB 1253

1
A bill to be entitled
2An act relating to domestic violence; amending s. 775.261,
3F.S.; revising the definition of the term "career
4offender" for purposes of the Florida Career Offender
5Registration Act to include severe domestic violence
6offenders; defining the term "severe domestic violence
7offender"; subjecting such offenders to the registration
8provisions of the act; providing penalties for violations;
9providing an effective date.
10
11Be It Enacted by the Legislature of the State of Florida:
12
13     Section 1.  Section 775.261, Florida Statutes, is amended
14to read:
15     775.261  The Florida Career Offender Registration Act.-
16     (1)  SHORT TITLE.-This section may be cited as "The Florida
17Career Offender Registration Act."
18     (2)  DEFINITIONS.-As used in this section, the term:
19     (a)  "Career offender" means any person who is designated
20as a severe domestic violence offender, a habitual violent
21felony offender, a violent career criminal, or a three-time
22violent felony offender under s. 775.084 or as a prison releasee
23reoffender under s. 775.082(9).
24     (b)  "Chief of police" means the chief law enforcement
25officer of a municipality.
26     (c)  "Community" means any county where the career offender
27lives or otherwise establishes or maintains a temporary or
28permanent residence.
29     (d)  "Department" means the Department of Law Enforcement.
30     (e)  "Entering the county" includes being discharged from a
31correctional facility, jail, or secure treatment facility within
32the county or being under supervision within the county with a
33career-offender designation as specified in paragraph (a).
34     (f)  "Permanent residence" means a place where the career
35offender abides, lodges, or resides for 14 or more consecutive
36days.
37     (g)  "Severe domestic violence offender" means a person
38convicted of an offense of domestic violence, as defined in s.
39741.28, and the offense is classified as a felony of the second
40degree or higher.
41     (h)(g)  "Temporary residence" means:
42     1.  A place where the career offender abides, lodges, or
43resides for a period of 14 or more days in the aggregate during
44any calendar year and which is not the career offender's
45permanent address;
46     2.  For a career offender whose permanent residence is not
47in this state, a place where the career offender is employed,
48practices a vocation, or is enrolled as a student for any period
49of time in this state; or
50     3.  A place where the career offender routinely abides,
51lodges, or resides for a period of 4 or more consecutive or
52nonconsecutive days in any month and which is not the career
53offender's permanent residence, including any out-of-state
54address.
55     (3)  CRITERIA FOR REGISTRATION AS A CAREER OFFENDER.-
56     (a)  A career offender released on or after July 1, 2002,
57from a sanction imposed in this state must register as required
58under subsection (4) and is subject to community and public
59notification as provided under subsection (5). For purposes of
60this section, a sanction imposed in this state includes, but is
61not limited to, a fine, probation, community control, parole,
62conditional release, control release, or incarceration in a
63state prison, private correctional facility, or local detention
64facility, and:
65     1.  The career offender has not received a pardon for any
66felony or other qualified offense that is necessary for the
67operation of this paragraph; or
68     2.  A conviction of a felony or other qualified offense
69necessary to the operation of this paragraph has not been set
70aside in any postconviction proceeding.
71     (b)  This section does not apply to any person who has been
72designated as a sexual predator and required to register under
73s. 775.21 or who is required to register as a sexual offender
74under s. 943.0435 or s. 944.607. However, if a person is no
75longer required to register as a sexual predator under s. 775.21
76or as a sexual offender under s. 943.0435 or s. 944.607, the
77person must register as a career offender under this section if
78the person is otherwise designated as a career offender as
79provided in this section.
80     (c)  A person subject to registration as a career offender
81is not subject to registration as a convicted felon under s.
82775.13. However, if the person is no longer required to register
83as a career offender under this section, the person must
84register under s. 775.13 if required to do so under that
85section.
86     (d)  If a career offender is not sentenced to a term of
87imprisonment, the clerk of the court shall ensure that the
88career offender's fingerprints are taken and forwarded to the
89department within 48 hours after the court renders its finding
90that an offender is a career offender. The fingerprint card
91shall be clearly marked, "Career Offender Registration Card."
92     (4)  REGISTRATION.-
93     (a)  A career offender must register with the department by
94providing the following information to the department, or to the
95sheriff's office in the county in which the career offender
96establishes or maintains a permanent or temporary residence,
97within 2 working days after establishing permanent or temporary
98residence in this state or within 2 working days after being
99released from the custody, control, or supervision of the
100Department of Corrections or from the custody of a private
101correctional facility:
102     1.  Name, social security number, age, race, gender, date
103of birth, height, weight, hair and eye color, photograph,
104address of legal residence and address of any current temporary
105residence within the state or out of state, including a rural
106route address or a post office box, date and place of any
107employment, date and place of each conviction, fingerprints, and
108a brief description of the crime or crimes committed by the
109career offender. A career offender may not provide a post office
110box in lieu of a physical residential address. If the career
111offender's place of residence is a motor vehicle, trailer,
112mobile home, or manufactured home, as defined in chapter 320,
113the career offender shall also provide to the department written
114notice of the vehicle identification number; the license tag
115number; the registration number; and a description, including
116color scheme, of the motor vehicle, trailer, mobile home, or
117manufactured home. If a career offender's place of residence is
118a vessel, live-aboard vessel, or houseboat, as defined in
119chapter 327, the career offender shall also provide to the
120department written notice of the hull identification number; the
121manufacturer's serial number; the name of the vessel, live-
122aboard vessel, or houseboat; the registration number; and a
123description, including color scheme, of the vessel, live-aboard
124vessel, or houseboat.
125     2.  Any other information determined necessary by the
126department, including criminal and corrections records;
127nonprivileged personnel and treatment records; and evidentiary
128genetic markers when available.
129     (b)  If a career offender registers with the sheriff's
130office, the sheriff shall take a photograph and a set of
131fingerprints of the career offender and forward the photographs
132and fingerprints to the department, along with the information
133that the career offender is required to provide pursuant to this
134section.
135     (c)  Within 2 working days after the registration required
136under paragraph (a), a career offender who is not incarcerated
137and who resides in the community, including a career offender
138under the supervision of the Department of Corrections pursuant
139to s. 944.608, shall register in person at a driver's license
140office of the Department of Highway Safety and Motor Vehicles
141and shall present proof of registration. At the driver's license
142office, the career offender shall:
143     1.  If otherwise qualified, secure a Florida driver's
144license, renew a Florida driver's license, or secure an
145identification card. The career offender shall identify himself
146or herself as a career offender who is required to comply with
147this section, provide his or her place of permanent or temporary
148residence, including a rural route address or a post office box,
149and submit to the taking of a photograph for use in issuing a
150driver's license, renewed license, or identification card, and
151for use by the department in maintaining current records of
152career offenders. The career offender may not provide a post
153office box in lieu of a physical residential address. If the
154career offender's place of residence is a motor vehicle,
155trailer, mobile home, or manufactured home, as defined in
156chapter 320, the career offender shall also provide to the
157Department of Highway Safety and Motor Vehicles the vehicle
158identification number; the license tag number; the motor vehicle
159registration number; and a description, including color scheme,
160of the motor vehicle, trailer, mobile home, or manufactured
161home. If a career offender's place of residence is a vessel,
162live-aboard vessel, or houseboat, as defined in chapter 327, the
163career offender shall also provide to the Department of Highway
164Safety and Motor Vehicles the hull identification number; the
165manufacturer's serial number; the name of the vessel, live-
166aboard vessel, or houseboat; the registration number; and a
167description, including color scheme, of the vessel, live-aboard
168vessel, or houseboat.
169     2.  Pay the costs assessed by the Department of Highway
170Safety and Motor Vehicles for issuing or renewing a driver's
171license or identification card as required by this section.
172     3.  Provide, upon request, any additional information
173necessary to confirm the identity of the career offender,
174including a set of fingerprints.
175     (d)  Each time a career offender's driver's license or
176identification card is subject to renewal, and within 2 working
177days after any change of the career offender's residence or
178change in the career offender's name by reason of marriage or
179other legal process, the career offender must report in person
180to a driver's license office, and shall be subject to the
181requirements specified in paragraph (c). The Department of
182Highway Safety and Motor Vehicles shall forward to the
183department and to the Department of Corrections all photographs
184and information provided by career offenders. Notwithstanding
185the restrictions set forth in s. 322.142, the Department of
186Highway Safety and Motor Vehicles may release a reproduction of
187a color-photograph or digital-image license to the department
188for purposes of public notification of career offenders as
189provided in this section.
190     (e)  If the career offender registers at an office of the
191department, the department must notify the sheriff and, if
192applicable, the police chief of the municipality, where the
193career offender maintains a residence within 48 hours after the
194career offender registers with the department.
195     (f)  A career offender who intends to establish residence
196in another state or jurisdiction other than the State of Florida
197shall report in person to the sheriff of the county of current
198residence or the department within 2 working days before the
199date he or she intends to leave this state to establish
200residence in another state or jurisdiction other than the State
201of Florida. If the career offender is under the supervision of
202the Department of Corrections, the career offender shall notify
203the supervising probation officer of his or her intent to
204transfer supervision, satisfy all transfer requirements pursuant
205to the Interstate Compact for Supervision of Adult Offenders, as
206provided in s. 949.07, and abide by the decision of the
207receiving jurisdiction to accept or deny transfer. The career
208offender must provide to the sheriff or department the address,
209municipality, county, and state of intended residence. The
210sheriff shall promptly provide to the department the information
211received from the career offender. The failure of a career
212offender to provide his or her intended place of residence is
213punishable as provided in subsection (8).
214     (g)  A career offender who indicates his or her intent to
215reside in a state or jurisdiction other than the State of
216Florida and later decides to remain in this state shall, within
2172 working days after the date upon which the career offender
218indicated he or she would leave this state, report in person to
219the sheriff or the department, whichever agency is the agency to
220which the career offender reported the intended change of
221residence, of his or her intent to remain in this state. If the
222sheriff is notified by the career offender that he or she
223intends to remain in this state, the sheriff shall promptly
224report this information to the department. A career offender who
225reports his or her intent to reside in a state or jurisdiction
226other than the State of Florida, but who remains in this state
227without reporting to the sheriff or the department in the manner
228required by this paragraph, commits a felony of the second
229degree, punishable as provided in s. 775.082, s. 775.083, or s.
230775.084.
231     (h)1.  The department shall maintain online computer access
232to the current information regarding each registered career
233offender. The department must maintain hotline access so that
234state, local, and federal law enforcement agencies may obtain
235instantaneous locator file and criminal characteristics
236information on release and registration of career offenders for
237purposes of monitoring, tracking, and prosecution. The
238photograph and fingerprints need not be stored in a computerized
239format.
240     2.  The department's career offender registration list,
241containing the information described in subparagraph (a)1., is a
242public record. The department may disseminate this public
243information by any means deemed appropriate, including operating
244a toll-free telephone number for this purpose. When the
245department provides information regarding a career offender to
246the public, department personnel must advise the person making
247the inquiry that positive identification of a person believed to
248be a career offender cannot be established unless a fingerprint
249comparison is made, and that it is illegal to use public
250information regarding a career offender to facilitate the
251commission of a crime.
252     3.  The department shall adopt guidelines as necessary
253regarding the registration of a career offender and the
254dissemination of information regarding a career offender as
255required by this section.
256     (i)  A career offender must maintain registration with the
257department for the duration of his or her life, unless the
258career offender has received a full pardon or has had a
259conviction set aside in a postconviction proceeding for any
260offense that meets the criteria for classifying the person as a
261career offender for purposes of registration. However, a
262registered career offender who has been lawfully released from
263confinement, supervision, or sanction, whichever is later, for
264at least 20 years and has not been arrested for any felony or
265misdemeanor offense since release may petition the criminal
266division of the circuit court of the circuit in which the
267registered career offender resides for the purpose of removing
268the requirement for registration as a career offender. The court
269may grant or deny such relief if the registered career offender
270demonstrates to the court that he or she has not been arrested
271for any crime since release and the court is otherwise satisfied
272that the registered career offender is not a current or
273potential threat to public safety. The state attorney in the
274circuit in which the petition is filed must be given notice of
275the petition at least 3 weeks before the hearing on the matter.
276The state attorney may present evidence in opposition to the
277requested relief or may otherwise demonstrate the reasons why
278the petition should be denied. If the court denies the petition,
279the court may set a future date at which the registered career
280offender may again petition the court for relief, subject to the
281standards for relief provided in this paragraph. The department
282shall remove a person from classification as a career offender
283for purposes of registration if the person provides to the
284department a certified copy of the court's written findings or
285order that indicates that the person is no longer required to
286comply with the requirements for registration as a career
287offender.
288     (5)  COMMUNITY AND PUBLIC NOTIFICATION.-
289     (a)  Law enforcement agencies may inform the community and
290the public of the presence of a career offender in the
291community. Upon notification of the presence of a career
292offender, the sheriff of the county or the chief of police of
293the municipality where the career offender establishes or
294maintains a permanent or temporary residence may notify the
295community and the public of the presence of the career offender
296in a manner deemed appropriate by the sheriff or the chief of
297police.
298     (b)  The sheriff or the police chief may coordinate the
299community and public notification efforts with the department.
300Statewide notification to the public is authorized, as deemed
301appropriate by local law enforcement personnel and the
302department.
303     (6)  VERIFICATION.-The department and the Department of
304Corrections shall implement a system for verifying the addresses
305of career offenders. The sheriff of each county shall annually
306verify the addresses of career offenders who are not under the
307care, custody, control, or supervision of the Department of
308Corrections. The sheriff shall promptly provide the address
309verification information to the department in an electronic
310format. The address verification information must include the
311verifying person's name, agency, and phone number, the date of
312verification, and the method of verification, and must specify
313whether the address information was verified as correct,
314incorrect, or unconfirmed.
315     (7)  IMMUNITY.-The department, the Department of Highway
316Safety and Motor Vehicles, the Department of Corrections, any
317law enforcement agency in this state, and the personnel of those
318departments; an elected or appointed official, public employee,
319or school administrator; or an employee, agency, or any
320individual or entity acting at the request or upon the direction
321of any law enforcement agency is immune from civil liability for
322damages for good faith compliance with the requirements of this
323section or for the release of information under this section and
324shall be presumed to have acted in good faith in compiling,
325recording, reporting, or releasing the information. The
326presumption of good faith is not overcome if a technical or
327clerical error is made by the department, the Department of
328Highway Safety and Motor Vehicles, the Department of
329Corrections, the personnel of those departments, or any
330individual or entity acting at the request or upon the direction
331of any of those departments in compiling or providing
332information, or if information is incomplete or incorrect
333because a career offender fails to report or falsely reports his
334or her current place of permanent or temporary residence.
335     (8)  PENALTIES.-
336     (a)  Except as otherwise specifically provided, a career
337offender who fails to register; who fails, after registration,
338to maintain, acquire, or renew a driver's license or
339identification card; who fails to provide required location
340information or change-of-name information; or who otherwise
341fails, by act or omission, to comply with the requirements of
342this section, commits a felony of the third degree, punishable
343as provided in s. 775.082, s. 775.083, or s. 775.084.
344     (b)  Any person who misuses public records information
345concerning a career offender, as defined in this section, or a
346career offender, as defined in s. 944.608 or s. 944.609, to
347secure a payment from such career offender; who knowingly
348distributes or publishes false information concerning such a
349career offender which the person misrepresents as being public
350records information; or who materially alters public records
351information with the intent to misrepresent the information,
352including documents, summaries of public records information
353provided by law enforcement agencies, or public records
354information displayed by law enforcement agencies on websites or
355provided through other means of communication, commits a
356misdemeanor of the first degree, punishable as provided in s.
357775.082 or s. 775.083.
358     (9)  PROSECUTIONS FOR ACTS OR OMISSIONS.-A career offender
359who commits any act or omission in violation of this section, s.
360944.608, or s. 944.609 may be prosecuted for the act or omission
361in the county in which the act or omission was committed, the
362county of the last registered address of the career offender,
363the county in which the conviction occurred for the offense or
364offenses that meet the criteria for designating a person as a
365career offender, or in the county in which he or she was
366designated a career offender.
367     (10)  ASSISTING IN NONCOMPLIANCE.-It is a misdemeanor of
368the first degree, punishable as provided in s. 775.082 or s.
369775.083, for a person who has reason to believe that a career
370offender is not complying, or has not complied, with the
371requirements of this section and who, with the intent to assist
372the career offender in eluding a law enforcement agency that is
373seeking to find the career offender to question the career
374offender about, or to arrest the career offender for, his or her
375noncompliance with the requirements of this section, to:
376     (a)  Withhold information from, or fail to notify, the law
377enforcement agency about the career offender's noncompliance
378with the requirements of this section and, if known, the
379whereabouts of the career offender;
380     (b)  Harbor or attempt to harbor, or assist another in
381harboring or attempting to harbor, the career offender;
382     (c)  Conceal or attempt to conceal, or assist another in
383concealing or attempting to conceal, the career offender; or
384     (d)  Provide information to the law enforcement agency
385regarding the career offender which the person knows to be
386false.
387     Section 2.  This act shall take effect October 1, 2011.


CODING: Words stricken are deletions; words underlined are additions.