Florida Senate - 2024 SB 1634
By Senator Collins
14-01095A-24 20241634__
1 A bill to be entitled
2 An act relating to career offenders; amending s.
3 322.141, F.S.; requiring that all licenses for the
4 operation of motor vehicles or identification cards
5 issued or reissued by the Department of Highway Safety
6 and Motor Vehicles to persons designated as career
7 offenders subject to registration under specified
8 provisions have a specified marking on the front of
9 the cards; requiring each career offender to report to
10 the department during his or her birth month to obtain
11 an updated or renewed driver license or identification
12 cars unless previously secured or updated; making
13 technical changes; amending s. 775.261, F.S.; revising
14 the definitions of the terms “permanent residence” and
15 “temporary residence”; defining the term “vehicles
16 owned”; revising the criteria for having to register
17 as a career offender; revising the required actions
18 and the required information that a career offender
19 must provide upon registration; requiring the
20 sheriff’s office to promptly provide to the Department
21 of Law Enforcement specified data and information
22 received from the career offender; revising timeframes
23 within which a career offender is required to report
24 to a driver license office of the Department of
25 Highway Safety and Motor Vehicles or report directly
26 to the department; providing an exception; revising
27 requirements that a career offender must comply with
28 at the driver license office; requiring that, if a
29 career offender is in the custody of a local jail, the
30 custodian of the local jail notify the Department of
31 Law Enforcement within a specified timeframe after
32 intake of the career offender for any reason and upon
33 release; requiring the custodian to take a digitized
34 photograph of the career offender and provide the
35 photograph to the department; requiring a career
36 offender to report in person to a driver license
37 office within a specified timeframe after any change
38 in the career offender’s permanent or temporary
39 residence; requiring the Department of Highway Safety
40 and Motor Vehicles to forward to the Department of Law
41 Enforcement all photographs and information provided
42 by a career offender; authorizing the department to
43 release license reproductions to the department for
44 the purpose of public notification; requiring a career
45 offender to report in person to the sheriff’s office
46 after specified occurrences; providing criminal
47 penalties; revising reporting requirements and
48 applicable timeframes that a career offender must
49 comply with if he or she intends to establish a
50 permanent or temporary residence or to travel;
51 requiring county and local law enforcement agencies,
52 in conjunction with the Department of Law Enforcement,
53 to, at a minimum, annually verify the addresses of
54 certain career offenders; authorizing county and local
55 law enforcement agencies, in conjunction with the
56 Department of Law Enforcement, to annually verify the
57 addresses of certain career offenders; requiring
58 county and local law enforcement agencies to report to
59 the department any failures by career offenders to
60 register; requiring that the department receive notice
61 of petitions for the removal of the requirement for
62 registration as career offenders within a specified
63 timeframe before a hearing on the petition;
64 authorizing the department to present evidence in
65 opposition to the requested relief or otherwise
66 demonstrate reasons to deny the petition; authorizing,
67 rather than requiring, the department to maintain
68 online computer access to the current information
69 regarding each registered career offender; revising
70 the list of requirements for which failure of a career
71 offender to comply constitutes a criminal offense;
72 specifying that each instance of a failure to register
73 or report changes to specified required information
74 constitutes a separate offense; expanding the
75 jurisdictions under which career offender may be
76 prosecuted for violations of specified acts or
77 omissions; specifying circumstances which constitute
78 actual notice for a career offender of the duty to
79 register; increasing the criminal penalties for
80 existing prohibited acts relating to assisting career
81 offenders in noncompliance with specified requirements
82 or withholding or providing false information to law
83 enforcement agencies; conforming provisions to changes
84 made by the act; making technical changes; amending s.
85 944.608, F.S.; defining terms; providing a timeframe
86 under which certain career offenders are required to
87 register with the Department of Corrections and
88 provide specified information; requiring the
89 department to report to the Department of Law
90 Enforcement any failures by career offenders to
91 register; revising the information that the Department
92 of Corrections must provide to the Department of Law
93 Enforcement; requiring that, if a career offender is
94 in the custody of a local jail, the custodian of the
95 local jail notify the Department of Law Enforcement
96 within a specified timeframe after intake of the
97 career offender for any reason and upon release;
98 requiring the custodian to take a digitized photograph
99 of the career offender and provide the photograph to
100 the department; authorizing the supervising federal
101 agency to forward certain information to the
102 Department of Law Enforcement if a career offender is
103 under federal supervision and to indicate whether use
104 of the information is subject to certain restrictions;
105 specifying the jurisdictions under which a career
106 offender may be prosecuted for violations of specified
107 acts or omissions; specifying circumstances which
108 constitute actual notice for a career offender of the
109 duty to register; providing criminal penalties for
110 committing specified prohibited acts relating to
111 assisting career offenders in noncompliance with
112 specified requirements or withholding or providing
113 false information to law enforcement agencies;
114 providing applicability; conforming cross-references;
115 making technical changes; amending s. 944.609, F.S.;
116 defining terms; revising legislative findings;
117 revising the information that the Department of
118 Corrections is required to provide regarding career
119 offenders being released after serving periods of
120 incarceration for any offense; specifying a timeframe
121 under which the custodian of a local jail must notify
122 the Department of Law Enforcement after intake of a
123 career offender for any reason and upon release;
124 making technical and clarifying changes; reenacting
125 ss. 320.02(4) and 322.19(1), F.S., relating to
126 registration required and application for
127 registration, and forms and change of address or name,
128 respectively, to incorporate the amendment made to s.
129 775.261, F.S., in references thereto; reenacting s.
130 775.13(4), F.S., relating to registration of convicted
131 felons, exemptions, and penalties, to incorporate the
132 amendment made to ss. 775.261 and 944.609, F.S., in
133 references thereto; providing an effective date.
134
135 Be It Enacted by the Legislature of the State of Florida:
136
137 Section 1. Subsections (3) and (4) of section 322.141,
138 Florida Statutes, are amended to read:
139 322.141 Color or markings of certain licenses or
140 identification cards.—
141 (3) All licenses for the operation of motor vehicles or
142 identification cards originally issued or reissued by the
143 department to persons who are designated as sexual predators
144 under s. 775.21, who are or subject to registration as sexual
145 offenders under s. 943.0435 or s. 944.607, who are designated as
146 career offenders under s. 775.261 or s. 944.608, or who have a
147 similar designation or are subject to a similar registration
148 under the laws of another jurisdiction, shall have on the front
149 of the license or identification card the following:
150 (a) For a person designated as a sexual predator under s.
151 775.21 or who has a similar designation under the laws of
152 another jurisdiction, the marking “SEXUAL PREDATOR.”
153 (b) For a person subject to registration as a sexual
154 offender under s. 943.0435 or s. 944.607, or subject to a
155 similar registration under the laws of another jurisdiction, the
156 marking “943.0435, F.S.”
157 (c) For a person subject to registration as a career
158 offender under s. 775.261 or s. 944.608, the marking “CAREER
159 OFFENDER.”
160 (4)(a) Unless previously secured or updated, each sexual
161 offender and sexual predator shall report to the department
162 during the month of his or her reregistration as required under
163 s. 775.21(8), s. 943.0435(14), or s. 944.607(13) in order to
164 obtain an updated or renewed driver license or identification
165 card as required by subsection (3).
166 (b) Unless previously secured or updated, each career
167 offender shall report to the department during the month of his
168 or her birth in order to obtain an updated or renewed driver
169 license or identification card as required by subsection (3).
170 Section 2. Section 775.261, Florida Statutes, is amended to
171 read:
172 775.261 The Florida Career Offender Registration Act.—
173 (1) SHORT TITLE.—This section may be cited as “The Florida
174 Career Offender Registration Act.”
175 (2) DEFINITIONS.—As used in this section, the term:
176 (a) “Career offender” means any person who is designated as
177 a habitual violent felony offender, a violent career criminal,
178 or a three-time violent felony offender under s. 775.084 or as a
179 prison releasee reoffender under s. 775.082(9).
180 (b) “Chief of police” means the chief law enforcement
181 officer of a municipality.
182 (c) “Community” means any county where the career offender
183 lives or otherwise establishes or maintains a permanent or
184 temporary or permanent residence.
185 (d) “Department” means the Department of Law Enforcement.
186 (e) “Entering the county” includes being discharged from a
187 correctional facility, jail, or secure treatment facility within
188 the county or being under supervision within the county with a
189 career-offender designation as specified in paragraph (a).
190 (f) “Permanent residence” means a place where the career
191 offender abides, lodges, or resides for 5 14 or more consecutive
192 days. For the purpose of calculating a permanent residence under
193 this paragraph, the first day that a person abides, lodges, or
194 resides at a place is excluded and each subsequent day is
195 counted. A day includes any part of a calendar day.
196 (g) “Temporary residence” means:
197 1. a place where the career offender abides, lodges, or
198 resides, including, but not limited to, vacation, business, or
199 personal travel destinations in or out of this state for a
200 period of 5 14 or more days in the aggregate during any calendar
201 year and which is not the career offender’s permanent residence,
202 or for a career offender whose permanent residence is not in
203 this state, a place where the career offender is employed,
204 practices a vocation, or is enrolled as a student for any period
205 of time in this state. For the purpose of calculating a
206 temporary residence under this paragraph, the first day that a
207 person abides, lodges, or resides at a place is excluded and
208 each subsequent day is counted. A day includes any part of a
209 calendar day address;
210 2. For a career offender whose permanent residence is not
211 in this state, a place where the career offender is employed,
212 practices a vocation, or is enrolled as a student for any period
213 of time in this state; or
214 3. A place where the career offender routinely abides,
215 lodges, or resides for a period of 4 or more consecutive or
216 nonconsecutive days in any month and which is not the career
217 offender’s permanent residence, including any out-of-state
218 address.
219 (h) “Vehicles owned” means any motor vehicle as defined in
220 s. 320.01 which is registered, co-registered, leased, titled, or
221 rented by a career offender; a rented vehicle that a career
222 offender is authorized to drive; or a vehicle for which a career
223 offender is insured as a driver. The term also includes any
224 motor vehicle as defined in s. 320.01 which is registered, co
225 registered, leased, titled, or rented by a person or persons
226 residing at a career offender’s permanent residence for 5 or
227 more consecutive days.
228 (3) CRITERIA FOR REGISTRATION AS A CAREER OFFENDER.—
229 (a) A career offender released on or after July 1, 2002,
230 from a sanction imposed in this state must register as required
231 under this section subsection (4) and is subject to community
232 and public notification as provided under subsection (9)
233 subsection (5). If no sanction is imposed, the person is deemed
234 to be released upon conviction. For purposes of this section, a
235 sanction imposed in this state means includes, but is not
236 limited to, a fine, probation, community control, parole,
237 conditional release, control release, or incarceration in a
238 state prison, federal prison, private correctional facility, or
239 local detention facility, and:
240 1. The career offender has not received a pardon for any
241 felony or other qualified offense that is necessary for the
242 operation of this paragraph; or
243 2. A conviction of a felony or other qualified offense
244 necessary to the operation of this paragraph has not been set
245 aside in any postconviction proceeding.
246 (b) This section does not apply to any person who has been
247 designated as a sexual predator and is required to register
248 under s. 775.21 or who is required to register as a sexual
249 offender under s. 943.0435 or s. 944.607. However, if a person
250 is no longer required to register as a sexual predator under s.
251 775.21 or as a sexual offender under s. 943.0435 or s. 944.607,
252 the person must register as a career offender under this section
253 if the person is otherwise designated as a career offender as
254 provided in this section.
255 (c) A person subject to registration as a career offender
256 is not subject to registration as a convicted felon under s.
257 775.13. However, if the person is no longer required to register
258 as a career offender under this section, the person must
259 register under s. 775.13 if required to do so under that
260 section.
261 (d) If a career offender is not sentenced to a term of
262 imprisonment, the clerk of the court shall ensure that the
263 career offender’s fingerprints are taken and forwarded to the
264 department within 48 hours after the court renders its finding
265 that an offender is a career offender. The fingerprints shall be
266 clearly marked, “Career Offender Registration.”
267 (4) REGISTRATION.—Upon registration, a career offender
268 shall:
269 (a) Report in person at A career offender must register
270 with the department by providing the following information to
271 the department, or to the sheriff’s office in the county in
272 which the career offender establishes or maintains a permanent
273 or temporary residence, within 48 hours 2 working days after
274 establishing a permanent or temporary residence in this state,
275 or within 48 hours 2 working days after being released from the
276 custody, control, or supervision of the Department of
277 Corrections or from the custody of a private correctional
278 facility or local detention facility.:
279 (b)1. Provide his or her name; date of birth;, social
280 security number;, age;, race; sex;, gender, date of birth,
281 height;, weight;, hair and eye color; fingerprints; palm
282 prints;, photograph; employment information;, address of
283 permanent or legal residence and address of any current
284 temporary residence within the state or out of state, including
285 a rural route address and or a post office box; address,
286 location or description, and dates of any current or known
287 future temporary residence within this state or out of state;
288 the make, model, color, vehicle identification number (VIN), and
289 license tag number of all vehicles owned; home telephone numbers
290 and cellular telephone numbers;, date and place of any
291 employment, date and place of each conviction;, fingerprints,
292 and a brief description of the crime or crimes committed by the
293 career offender. A career offender may not provide a post office
294 box may not be provided in lieu of a physical residential
295 address. If the career offender’s place of residence is a motor
296 vehicle, trailer, mobile home, or manufactured home, as those
297 terms are defined in chapter 320, the career offender shall also
298 provide to the department through the sheriff’s office written
299 notice of the vehicle identification number (VIN); the license
300 tag number; the registration number; and a description,
301 including color scheme, of the motor vehicle, trailer, mobile
302 home, or manufactured home. If a career offender’s place of
303 residence is a vessel, live-aboard vessel, or houseboat, as
304 those terms are defined in chapter 327, the career offender
305 shall also provide to the department through the sheriff’s
306 office written notice of the hull identification number; the
307 manufacturer’s serial number; the name of the vessel, live
308 aboard vessel, or houseboat; the registration number of the
309 vessel, live-aboard vessel, or houseboat; and a description,
310 including color scheme, of the vessel, live-aboard vessel, or
311 houseboat.
312 (c)2. Provide any other information determined necessary by
313 the department, including criminal and corrections records;
314 nonprivileged personnel and treatment records; and evidentiary
315 genetic markers, when available.
316 (b) When If a career offender registers with the sheriff’s
317 office, the sheriff shall take a photograph, and a set of
318 fingerprints, and palm prints of the career offender and forward
319 the photographs, and fingerprints, and palm prints to the
320 department, along with the information that the career offender
321 is required to provide pursuant to this section. The sheriff
322 shall promptly provide to the department the information
323 received from the career offender.
324 (d)(c) Within 48 hours 2 working days after the reporting
325 registration required under this subsection paragraph (a), a
326 career offender who is not incarcerated and who resides in the
327 community, including a career offender under the supervision of
328 the Department of Corrections pursuant to s. 944.608, shall
329 report register in person at a driver license office of the
330 Department of Highway Safety and Motor Vehicles, unless a driver
331 license or identification card that complies with s. 322.141(3)
332 was previously secured or updated under s. 944.608 and shall
333 present proof of registration. At the driver license office, the
334 career offender shall:
335 1. If otherwise qualified, secure a Florida driver license,
336 renew a Florida driver license, or secure an identification
337 card. The career offender shall identify himself or herself as a
338 career offender who is required to comply with this section and
339 shall provide proof that the career offender reported as
340 required in this subsection. The career offender shall provide
341 any of the information specified in this subsection, if
342 requested. The career offender shall submit to the taking of a
343 photograph for use in issuing a driver license, renewed license,
344 or identification card, and for use by the department in
345 maintaining current records of career offenders, provide his or
346 her place of permanent or temporary residence, including a rural
347 route address or a post office box, and submit to the taking of
348 a photograph for use in issuing a driver license, renewed
349 license, or identification card, and for use by the department
350 in maintaining current records of career offenders. The career
351 offender may not provide a post office box in lieu of a physical
352 residential address. If the career offender’s place of residence
353 is a motor vehicle, trailer, mobile home, or manufactured home,
354 as defined in chapter 320, the career offender shall also
355 provide to the Department of Highway Safety and Motor Vehicles
356 the vehicle identification number; the license tag number; the
357 motor vehicle registration number; and a description, including
358 color scheme, of the motor vehicle, trailer, mobile home, or
359 manufactured home. If a career offender’s place of residence is
360 a vessel, live-aboard vessel, or houseboat, as defined in
361 chapter 327, the career offender shall also provide to the
362 Department of Highway Safety and Motor Vehicles the hull
363 identification number; the manufacturer’s serial number; the
364 name of the vessel, live-aboard vessel, or houseboat; the
365 registration number; and a description, including color scheme,
366 of the vessel, live-aboard vessel, or houseboat.
367 2. Pay the costs assessed by the Department of Highway
368 Safety and Motor Vehicles for issuing or renewing a driver
369 license or identification card as required by this section. The
370 driver license or identification card issued must be in
371 compliance with s. 322.141(3).
372 3. Provide, upon request, any additional information
373 necessary to confirm the identity of the career offender,
374 including a set of fingerprints.
375 (e) A career offender shall report in person to a driver
376 license office and is subject to the requirements specified in
377 this subsection:
378 1.(d) Each time a career offender’s driver license or
379 identification card is subject to renewal; and
380 2. Without regard to the status of the offender’s driver
381 license or identification card, and within 48 hours 2 working
382 days after any change of the career offender’s residence or
383 change in the career offender’s name by reason of marriage or
384 other legal process, the career offender must report in person
385 to a driver license office, and shall be subject to the
386 requirements specified in paragraph (c).
387 (f) The Department of Highway Safety and Motor Vehicles
388 shall forward to the department and to the Department of
389 Corrections all photographs and information provided by career
390 offenders. Notwithstanding the restrictions set forth in s.
391 322.142, the Department of Highway Safety and Motor Vehicles may
392 release a reproduction of a color-photograph or digital-image
393 license to the department for purposes of public notification of
394 career offenders as provided in this section and ss. 775.26 and
395 944.609.
396 (g) A career offender who is unable to secure or update a
397 driver license or an identification card with the Department of
398 Highway Safety and Motor Vehicles as provided in this subsection
399 shall also report any change in the career offender’s name by
400 reason of marriage or other legal process within 48 hours after
401 the change to the sheriff’s office in the county where the
402 offender resides or is located and provide confirmation that he
403 or she reported such information to the Department of Highway
404 Safety and Motor Vehicles. The reporting requirements under this
405 paragraph do not negate the requirement for a career offender to
406 obtain a Florida driver license or an identification card as
407 required in this section.
408 (h) If the career offender is in the custody of a local
409 jail, the custodian of the local jail shall notify the
410 department within 3 business days after intake of the career
411 offender for any reason and upon release. The custodian of the
412 local jail shall also take a digitized photograph of the career
413 offender while the career offender remains in custody and shall
414 provide the digitized photograph to the department. The
415 custodian shall notify the department if the career offender
416 escapes from custody or dies.
417 (e) If the career offender registers at an office of the
418 department, the department must notify the sheriff and, if
419 applicable, the police chief of the municipality, where the
420 career offender maintains a residence within 48 hours after the
421 career offender registers with the department.
422 (5) ESTABLISHING A RESIDENCE WITHIN THIS STATE AFTER
423 REGISTRATION.—
424 (a) A career offender shall report in person to a driver
425 license office and is subject to the requirements specified in
426 subsection (4):
427 1. Each time a career offender’s driver license or
428 identification card is subject to renewal; and
429 2. Without regard to the status of the offender’s driver
430 license or identification card, within 48 hours after any change
431 in the offender’s permanent or temporary residence.
432 (b) The Department of Highway Safety and Motor Vehicles
433 shall forward to the department and to the Department of
434 Corrections all photographs and information provided by career
435 offenders. Notwithstanding the restrictions set forth in s.
436 322.142, the Department of Highway Safety and Motor Vehicles may
437 release a reproduction of a color-photograph or digital-image
438 license to the department for purposes of public notification of
439 career offenders as provided in this section and ss. 775.26 and
440 944.609.
441 (c) A career offender who is unable to secure or update a
442 driver license or an identification card with the Department of
443 Highway Safety and Motor Vehicles as provided in subsection (4)
444 and this subsection shall also report any change in the career
445 offender’s permanent or temporary residence within 48 hours
446 after the change to the sheriff’s office in the county where the
447 offender resides or is located and provide confirmation that he
448 or she reported such information to the Department of Highway
449 Safety and Motor Vehicles. The reporting requirements under this
450 paragraph do not negate the requirement for a career offender to
451 obtain a Florida driver license or an identification card as
452 required in this section.
453 (d) A career offender who vacates a permanent or temporary
454 residence and fails to establish or maintain another permanent
455 or temporary residence shall, within 48 hours after vacating the
456 permanent or temporary residence, report in person to the
457 sheriff’s office of the county in which he or she is located.
458 The career offender shall specify the date upon which he or she
459 intends to or did vacate such residence. The career offender
460 must provide or update all of the registration information
461 required under paragraph (4)(b). The career offender must
462 provide an address for the residence or other place where he or
463 she is or will be located during the time in which he or she
464 fails to establish or maintain a permanent or temporary
465 residence.
466 (e) A career offender who remains at a permanent or
467 temporary residence after reporting his or her intent to vacate
468 such residence shall, within 48 hours after the date upon which
469 the offender indicated he or she would or did vacate such
470 residence, report in person to the agency to which he or she
471 reported pursuant to paragraph (d) for the purpose of reporting
472 his or her address at such residence. When the sheriff receives
473 the report, the sheriff shall promptly convey the information to
474 the department. An offender who makes a report as required under
475 paragraph (d) but fails to make a report as required under this
476 paragraph commits a felony of the second degree, punishable as
477 provided in s. 775.082, s. 775.083, or s. 775.084.
478 (6) ESTABLISHING A NON-FLORIDA RESIDENCE.—
479 (a)(f) A career offender who intends to establish a
480 permanent or temporary residence in another state or
481 jurisdiction other than the State of Florida shall report in
482 person to the sheriff of the county of current residence at
483 least 48 hours or the department within 2 working days before
484 the date he or she intends to leave this state to establish
485 residence in another state or jurisdiction other than the State
486 of Florida. Any travel that is not known by the career offender
487 48 hours before he or she intends to establish a residence in
488 another state or jurisdiction must be reported in person to the
489 sheriff’s office as soon as possible before departure. If the
490 career offender is under the supervision of the Department of
491 Corrections, the career offender shall notify the supervising
492 probation officer of his or her intent to transfer supervision,
493 satisfy all transfer requirements pursuant to the Interstate
494 Compact for Supervision of Adult Offenders, as provided in s.
495 949.07, and abide by the decision of the receiving jurisdiction
496 to accept or deny transfer. The career offender must provide to
497 the sheriff or department the address, municipality, county, and
498 state or jurisdiction of intended residence. The sheriff shall
499 promptly provide to the department the information received from
500 the career offender. The failure of a career offender to provide
501 his or her intended place of residence is punishable as provided
502 in subsection (11) subsection (8).
503 (b)(g) A career offender who indicates his or her intent to
504 establish a permanent or temporary residence reside in another a
505 state or jurisdiction other than the State of Florida and later
506 decides to remain in this state shall, within 48 hours 2 working
507 days after the date upon which the career offender indicated he
508 or she would leave this state, report in person to the sheriff’s
509 office sheriff or the department, whichever agency is the agency
510 to which the career offender reported the intended change of
511 permanent or temporary residence and report, of his or her
512 intent to remain in this state. If the sheriff is notified by
513 the career offender that he or she intends to remain in this
514 state, The sheriff shall promptly report this information to the
515 department. A career offender who reports his or her intent to
516 establish a permanent or temporary residence reside in another a
517 state or jurisdiction other than the State of Florida, but who
518 remains in this state without reporting to the sheriff or the
519 department in the manner required by this subsection paragraph,
520 commits a felony of the second degree, punishable as provided in
521 s. 775.082, s. 775.083, or s. 775.084.
522 (h)1. The department shall maintain online computer access
523 to the current information regarding each registered career
524 offender. The department must maintain hotline access so that
525 state, local, and federal law enforcement agencies may obtain
526 instantaneous locator file and criminal characteristics
527 information on release and registration of career offenders for
528 purposes of monitoring, tracking, and prosecution. The
529 photograph and fingerprints need not be stored in a computerized
530 format.
531 2. The department’s career offender registration list,
532 containing the information described in subparagraph (a)1., is a
533 public record. The department may disseminate this public
534 information by any means deemed appropriate, including operating
535 a toll-free telephone number for this purpose. When the
536 department provides information regarding a career offender to
537 the public, department personnel must advise the person making
538 the inquiry that positive identification of a person believed to
539 be a career offender cannot be established unless a fingerprint
540 comparison is made, and that it is illegal to use public
541 information regarding a career offender to facilitate the
542 commission of a crime.
543 3. The department shall adopt guidelines as necessary
544 regarding the registration of a career offender and the
545 dissemination of information regarding a career offender as
546 required by this section.
547 (7) VERIFICATION.—County and local law enforcement
548 agencies, in conjunction with the department, shall, at a
549 minimum, annually verify the addresses of career offenders who
550 are not under the care, custody, control, or supervision of the
551 Department of Corrections, and may verify the addresses of
552 career offenders who are under the care, custody, control, or
553 supervision of the Department of Corrections. Local law
554 enforcement agencies shall report to the department any failure
555 by a career offender to comply with registration requirements.
556 (8)(i) RELIEF FROM REGISTRATION.—A career offender must
557 maintain registration with the department for the duration of
558 his or her life, unless the career offender has received a full
559 pardon or has had a conviction set aside in a postconviction
560 proceeding for any offense or offenses that meet meets the
561 criteria for classifying the person as a career offender for
562 purposes of registration. However, a registered career offender
563 shall be considered for removal of the requirement to register
564 as a career offender only if he or she who has been lawfully
565 released from confinement, supervision, or sanction, whichever
566 is later, for at least 20 years and has not been arrested for
567 any felony or misdemeanor offense since release.
568 (a) If the career offender meets the criteria in this
569 subsection, the career offender may, for the purpose of removing
570 the requirement for registration as a career offender, petition
571 the criminal division of the circuit court of the circuit in
572 which the registered career offender resides for the purpose of
573 removing the requirement for registration as a career offender.
574 (b) The court may grant or deny such relief if the
575 registered career offender demonstrates to the court that he or
576 she has not been arrested for any crime since release and the
577 court is otherwise satisfied that the registered career offender
578 is not a current or potential threat to public safety. The
579 department and the state attorney in the circuit in which the
580 petition is filed must be given notice of the petition at least
581 3 weeks before the hearing on the matter. The department and the
582 state attorney may present evidence in opposition to the
583 requested relief or may otherwise demonstrate the reasons why
584 the petition should be denied. If the court denies the petition,
585 the court may set a future date at which the registered career
586 offender may again petition the court for relief, subject to the
587 standards for relief provided in this subsection paragraph.
588 (c) The department shall remove a person from
589 classification as a career offender for purposes of registration
590 if the person provides to the department a certified copy of the
591 court’s written findings or order that indicates that the person
592 is no longer required to comply with the requirements for
593 registration as a career offender.
594 (9)(5) COMMUNITY AND PUBLIC NOTIFICATION.—
595 (a) Law enforcement agencies may inform the community and
596 the public of the presence of a career offender in the
597 community. Upon notification of the presence of a career
598 offender, the sheriff of the county or the chief of police of
599 the municipality where the career offender establishes or
600 maintains a permanent or temporary residence may notify the
601 community and the public of the presence of the career offender
602 in a manner deemed appropriate by the sheriff or the chief of
603 police.
604 (b) The sheriff or the police chief may coordinate the
605 community and public notification efforts with the department.
606 Statewide notification to the public is authorized, as deemed
607 appropriate by local law enforcement personnel and the
608 department.
609 (c)1. The department may maintain online computer access to
610 the current information regarding each registered career
611 offender. The department must maintain hotline access so that
612 state, local, and federal law enforcement agencies may obtain
613 instantaneous locator file and criminal characteristics
614 information on release and registration of career offenders for
615 the purposes of monitoring, tracking, and prosecution. The
616 photograph and fingerprints need not be stored in a computerized
617 format.
618 2. The department’s career offender registration list is a
619 public record. The department may disseminate this public
620 information by any means deemed appropriate, including operating
621 a toll-free telephone number for this purpose. When the
622 department provides information regarding a career offender to
623 the public, department personnel must advise the person making
624 the inquiry that positive identification of a person believed to
625 be a career offender cannot be established unless a fingerprint
626 comparison is made, and that it is illegal to use public
627 information regarding a career offender to facilitate the
628 commission of a crime.
629 3. The department shall adopt guidelines as necessary
630 regarding the registration of a career offender and the
631 dissemination of information regarding a career offender as
632 required by this section.
633 (6) VERIFICATION.—The department and the Department of
634 Corrections shall implement a system for verifying the addresses
635 of career offenders. The sheriff of each county shall annually
636 verify the addresses of career offenders who are not under the
637 care, custody, control, or supervision of the Department of
638 Corrections. The sheriff shall promptly provide the address
639 verification information to the department in an electronic
640 format. The address verification information must include the
641 verifying person’s name, agency, and phone number, the date of
642 verification, and the method of verification, and must specify
643 whether the address information was verified as correct,
644 incorrect, or unconfirmed.
645 (10)(7) IMMUNITY.—The department, the Department of Highway
646 Safety and Motor Vehicles, the Department of Corrections, any
647 law enforcement agency in this state, and the personnel of those
648 departments; an elected or appointed official, public employee,
649 or school administrator; or an employee, agency, or any
650 individual or entity acting at the request or upon the direction
651 of any law enforcement agency is immune from civil liability for
652 damages for good faith compliance with the requirements of this
653 section or for the release of information under this section,
654 and shall be presumed to have acted in good faith in compiling,
655 recording, reporting, or releasing the information. The
656 presumption of good faith is not overcome if a technical or
657 clerical error is made by the department, the Department of
658 Highway Safety and Motor Vehicles, the Department of
659 Corrections, the personnel of those departments, or any
660 individual or entity acting at the request or upon the direction
661 of any of those departments in compiling or providing
662 information, or if information is incomplete or incorrect
663 because a career offender fails to report or falsely reports his
664 or her current place of permanent or temporary residence.
665 (11)(8) PENALTIES.—
666 (a) Except as otherwise specifically provided, a career
667 offender who fails to register; who fails, after registration,
668 to maintain, acquire, or renew a driver license or an
669 identification card; who fails to provide required location
670 information or change-of-name information; who fails to make a
671 required report in connection with vacating a permanent
672 residence; who fails to respond to any address verification
673 correspondence from the department or from county or local law
674 enforcement agencies within 3 weeks after the date of the
675 correspondence; who knowingly provides false registration
676 information by act or omission; or who otherwise fails, by act
677 or omission, to comply with the requirements of this section,
678 commits a felony of the third degree, punishable as provided in
679 s. 775.082, s. 775.083, or s. 775.084. Each instance of failure
680 to register or report changes to the required information
681 specified herein constitutes a separate offense.
682 (b) A career offender who commits any act or omission in
683 violation of this section, s. 944.608, or s. 944.609 may be
684 prosecuted for the act or omission in the county in which the
685 act or omission was committed, in the county of the last
686 registered address of the career offender, in the county in
687 which the conviction occurred for the offense or offenses that
688 meet the criteria for designating a person as a career offender,
689 in the county in which he or she was designated a career
690 offender, in the county where the career offender was released
691 from incarceration, or in the county of the intended address of
692 the career offender as reported by the offender before his or
693 her release from incarceration.
694 (c) An arrest on charges of failure to register when the
695 offender has been provided and advised of his or her statutory
696 obligations to register under this section, the service of an
697 information or a complaint for a violation of this section, or
698 an arraignment on charges for a violation of this section
699 constitutes actual notice of the duty to register. A career
700 offender’s failure to register immediately as required by this
701 section following such arrest, service, or arraignment
702 constitutes grounds for a subsequent charge of failure to
703 register. A career offender charged with the crime of failure to
704 register who asserts, or intends to assert, a lack of notice of
705 the duty to register as a defense to a charge of failure to
706 register shall register immediately as required by this section.
707 A career offender who is charged with a subsequent failure to
708 register may not assert the defense of a lack of notice of the
709 duty to register. Registration following such arrest, service,
710 or arraignment is not a defense and does not relieve the career
711 offender of criminal liability for the failure to register.
712 (d)(b) Any person who misuses public records information
713 concerning a career offender, as defined in this section, or a
714 career offender, as defined in s. 944.608 or s. 944.609, to
715 secure a payment from such career offender; who knowingly
716 distributes or publishes false information concerning such a
717 career offender which the person misrepresents as being public
718 records information; or who materially alters public records
719 information with the intent to misrepresent the information,
720 including documents, summaries of public records information
721 provided by law enforcement agencies, or public records
722 information displayed by law enforcement agencies on websites or
723 provided through other means of communication, commits a
724 misdemeanor of the first degree, punishable as provided in s.
725 775.082 or s. 775.083.
726 (9) PROSECUTIONS FOR ACTS OR OMISSIONS.—A career offender
727 who commits any act or omission in violation of this section, s.
728 944.608, or s. 944.609 may be prosecuted for the act or omission
729 in the county in which the act or omission was committed, the
730 county of the last registered address of the career offender,
731 the county in which the conviction occurred for the offense or
732 offenses that meet the criteria for designating a person as a
733 career offender, or in the county in which he or she was
734 designated a career offender.
735 (12)(10) PENALTIES FOR ASSISTING CAREER OFFENDER IN
736 NONCOMPLIANCE.—Any It is a misdemeanor of the first degree,
737 punishable as provided in s. 775.082 or s. 775.083, for a person
738 who has reason to believe that a career offender is not
739 complying, or has not complied, with the requirements of this
740 section and who, with the intent to assist the career offender
741 in eluding a law enforcement agency that is seeking to find the
742 career offender to question the career offender about, or to
743 arrest the career offender for, his or her noncompliance with
744 the requirements of this section, to:
745 (a) Withholds Withhold information from, or does not fail
746 to notify, the law enforcement agency about the career
747 offender’s noncompliance with the requirements of this section,
748 and, if known, the whereabouts of the career offender;
749 (b) Harbors Harbor or attempts attempt to harbor, or
750 assists assist another person in harboring or attempting to
751 harbor, the career offender;
752 (c) Conceals Conceal or attempts attempt to conceal, or
753 assists assist another person in concealing or attempting to
754 conceal, the career offender; or
755 (d) Provides Provide information to the law enforcement
756 agency regarding the career offender which the person knows to
757 be false information,
758
759 commits a felony of the third degree, punishable as provided in
760 s. 775.082, s. 775.083, or s. 775.084.
761 Section 3. Section 944.608, Florida Statutes, is amended to
762 read:
763 944.608 Notification to Department of Law Enforcement of
764 information on career offenders.—
765 (1) As used in this section, the term:
766 (a) “Career offender” means a person who is in the custody
767 or control of, or under the supervision of, the department or is
768 in the custody or control of, or under the supervision of, a
769 private correctional facility, and who is designated as a
770 habitual violent felony offender, a violent career criminal, or
771 a three-time violent felony offender under s. 775.084 or as a
772 prison releasee reoffender under s. 775.082(9).
773 (b) “Permanent residence” and “temporary residence” have
774 the same meaning as provided in s. 775.261.
775 (c) “Vehicles owned” has the same meaning as provided in s.
776 775.261.
777 (2) If a career offender is not sentenced to a term of
778 imprisonment, the clerk of the court shall ensure that the
779 career offender’s fingerprints are taken and forwarded to the
780 Department of Law Enforcement within 48 hours after the court
781 sentences the career offender. The fingerprints shall be clearly
782 marked “Career Offender Registration.”
783 (3) A career offender, as described in this section, who is
784 under the supervision of the department but is not incarcerated
785 shall must register with the department within 3 business days
786 after sentencing and provide his or her name; date of birth;
787 social security number; race; sex gender; height; weight; hair
788 and eye color; tattoos or other identifying marks; employment
789 information required to be provided pursuant to s. 775.261; all
790 home telephone numbers and cellular telephone numbers required
791 to be provided pursuant to s. 775.261; the make, model, color,
792 vehicle identification number (VIN), and license tag number of
793 all vehicles owned; and permanent or legal residence and address
794 of temporary residence within the state or out of state while
795 the career offender is under supervision in this state,
796 including any rural route address or post office box; and
797 address, location or description, and dates of any current or
798 known future temporary residence within this state or out of
799 state. The department shall verify the address of each career
800 offender in the manner described in s. 775.261. The department
801 shall report to the Department of Law Enforcement any failure by
802 a career offender to comply with any registration requirements.
803 (4) In addition to notification and transmittal
804 requirements imposed by any other provision of law, the
805 department shall compile information on any career offender and
806 provide the information to the Department of Law Enforcement.
807 The information shall be made available electronically to the
808 Department of Law Enforcement as soon as this information is in
809 the department’s database and must be in a format that is
810 compatible with the requirements of the Florida Crime
811 Information Center.
812 (5) The information provided to the Department of Law
813 Enforcement must include:
814 (a) The information obtained from the career offender under
815 subsection (3);
816 (b) The career offender’s most current address; and place
817 of permanent or and temporary residence within this the state or
818 out of state; and address, location or description, and dates of
819 any current or known future temporary residence within this
820 state or out of state, while the career offender is under
821 supervision in this state, including the name of the county or
822 municipality in which the career offender permanently or
823 temporarily resides, and address, location or description, and
824 dates of any current or known future temporary residence within
825 this state or out of state, and, if known, the intended place of
826 permanent or temporary residence, and address, location or
827 description, and dates of any current or known future temporary
828 residence within this state or out of state upon satisfaction of
829 all sanctions;
830 (c) The legal status of the career offender and the
831 scheduled termination date of that legal status;
832 (d) The location of, and local telephone number for, any
833 Department of Corrections’ office that is responsible for
834 supervising the career offender; and
835 (e) A digitized photograph of the career offender, which
836 must have been taken within 60 days before the career offender
837 is released from the custody of the department or a private
838 correctional facility or within 60 days after the onset of the
839 department’s supervision of any career offender who is on
840 probation, community control, conditional release, parole,
841 provisional release, or control release. If the career offender
842 is in the custody or control of, or under the supervision of, a
843 private correctional facility, the facility shall take a
844 digitized photograph of the career offender within the time
845 period provided in this paragraph and shall provide the
846 photograph to the department.
847 (6)(a) The department shall notify the Department of Law
848 Enforcement if the career offender escapes, absconds, or dies
849 while in the custody or control of, or under the supervision of,
850 the department.
851 (b) If any information provided by the department changes
852 during the time the career offender is under the department’s
853 custody, control, or supervision, including any change in the
854 career offender’s name by reason of marriage or other legal
855 process, the department shall, in a timely manner, update the
856 information and provide it to the Department of Law Enforcement
857 in the manner prescribed in subsection (4).
858 (7) If the career offender is in the custody of a local
859 jail, the custodian of the local jail shall notify the
860 Department of Law Enforcement within 3 business days after
861 intake of the offender for any reason and upon release, and
862 shall forward the information to the Department of Law
863 Enforcement. The custodian of the local jail shall also take a
864 digitized photograph of the career offender while the offender
865 remains in custody and shall provide the digitized photograph to
866 the Department of Law Enforcement.
867 (8) If the career offender is under federal supervision,
868 the federal agency responsible for supervising the career
869 offender may forward to the Department of Law Enforcement any
870 information regarding the career offender which is consistent
871 with the information provided by the department under this
872 section, and may indicate whether use of the information is
873 restricted to law enforcement purposes only or may be used by
874 the Department of Law Enforcement for purposes of public
875 notification.
876 (9)(7) A career offender, as described in this section, who
877 is under the supervision of the department but who is not
878 incarcerated shall, in addition to the registration requirements
879 provided in subsection (3), register in the manner provided in
880 s. 775.261(4)(d) s. 775.261(4)(c), unless the career offender is
881 a sexual predator, in which case he or she shall register as
882 required under s. 775.21, or is a sexual offender, in which case
883 he or she shall register as required in s. 943.0435 or s.
884 944.607. A career offender who fails to comply with all of the
885 requirements of s. 775.261 s. 775.261(4) is subject to the
886 penalties provided in s. 775.261(11) s. 775.261(8).
887 (10)(a)(8) The failure of a career offender to submit to
888 the taking of a digitized photograph, or to otherwise comply
889 with the requirements of this section, is a felony of the third
890 degree, punishable as provided in s. 775.082, s. 775.083, or s.
891 775.084.
892 (b) A career offender who commits any act or omission in
893 violation of this section may be prosecuted for the act or
894 omission in the county in which the act or omission was
895 committed, in the county of the last registered address of the
896 career offender, in the county in which the conviction occurred
897 for the offense or offenses that meet the criteria for
898 designating a person as a career offender, in the county in
899 which he or she was designated a career offender, in the county
900 where the career offender was released from incarceration, or in
901 the county of the intended address of the career offender as
902 reported by the offender before his or her release from
903 incarceration.
904 (c) An arrest on charges of failure to register when the
905 offender has been provided and advised of his or her statutory
906 obligations to register under s. 775.261, the service of an
907 information or a complaint for a violation of this section, or
908 an arraignment on charges for a violation of this section
909 constitutes actual notice of the duty to register. A career
910 offender’s failure to register immediately as required by this
911 section following such arrest, service, or arraignment
912 constitutes grounds for a subsequent charge of failure to
913 register. A career offender charged with the crime of failure to
914 register who asserts, or intends to assert, a lack of notice of
915 the duty to register as a defense to a charge of failure to
916 register shall register immediately as required by this section.
917 A career offender who is charged with a subsequent failure to
918 register may not assert the defense of a lack of notice of the
919 duty to register.
920 (d) Registration following such arrest, service, or
921 arraignment is not a defense and does not relieve the career
922 offender of criminal liability for the failure to register.
923 (11)(9) The department, the Department of Highway Safety
924 and Motor Vehicles, the Department of Law Enforcement, personnel
925 of those departments, and any individual or entity acting at the
926 request or upon the direction of those departments are immune
927 from civil liability for damages for good faith compliance with
928 this section, and shall be presumed to have acted in good faith
929 in compiling, recording, reporting, or providing information.
930 The presumption of good faith is not overcome if technical or
931 clerical errors are made by the department, the Department of
932 Highway Safety and Motor Vehicles, the Department of Law
933 Enforcement, personnel of those departments, or any individual
934 or entity acting at the request or upon the direction of those
935 departments in compiling, recording, reporting, or providing
936 information, or, if the information is incomplete or incorrect
937 because the information has not been provided by a person or
938 agency required to provide the information, or because the
939 information was not reported or was falsely reported.
940 (12) A person who has reason to believe that a career
941 offender is not complying, or has not complied, with the
942 requirements of this section and who, with the intent to assist
943 the career offender in eluding a law enforcement agency that is
944 seeking to find the career offender to question the career
945 offender about, or to arrest the career offender for, his or her
946 noncompliance with the requirements of this section:
947 (a) Withholds information from, or does not notify, the law
948 enforcement agency about the career offender’s noncompliance
949 with the requirements of this section, and, if known, the
950 whereabouts of the career offender;
951 (b) Harbors or attempts to harbor, or assists another
952 person in harboring or attempting to harbor, the career
953 offender;
954 (c) Conceals or attempts to conceal, or assists another
955 person in concealing or attempting to conceal, the career
956 offender; or
957 (d) Provides information to the law enforcement agency
958 regarding the career offender which the person knows to be false
959 information,
960
961 commits a felony of the third degree, punishable as provided in
962 s. 775.082, s. 775.083, or s. 775.084. This subsection does not
963 apply if the career offender is incarcerated in or is in the
964 custody of a state correctional facility, a private correctional
965 facility, a local jail, or a federal correctional facility.
966 Section 4. Section 944.609, Florida Statutes, is amended to
967 read:
968 944.609 Career offenders; notification upon release.—
969 (1) As used in this section, the term:
970 (a) “Career offender” means a person who is in the custody
971 or control of, or under the supervision of, the department or is
972 in the custody or control of, or under the supervision of a
973 private correctional facility, who is designated as a habitual
974 violent felony offender, a violent career criminal, or a three
975 time violent felony offender under s. 775.084 or as a prison
976 releasee reoffender under s. 775.082(9).
977 (b) “Permanent residence” and “temporary residence” have
978 the same meaning as provided in s. 775.261.
979 (c) “Vehicles owned” has the same meaning as provided in s.
980 775.261.
981 (2) The Legislature finds that certain career offenders, by
982 virtue of their histories of offenses, present a threat to the
983 public and to communities. Career offenders have a reduced
984 expectation of privacy because of the public’s interest in
985 public safety and in the effective operation of government. The
986 Legislature finds that requiring these career offenders to
987 register for the purpose of tracking the career offenders and
988 providing for notifying the public and a community of the
989 presence of a career offender are important aids to law
990 enforcement agencies, the public, and communities if the career
991 offender engages again in criminal conduct. Registration is
992 intended to aid law enforcement agencies in timely apprehending
993 a career offender. Registration is not a punishment, but merely
994 a status. Notification to the public and communities of the
995 presence of a career offender aids the public and communities in
996 avoiding being victimized by the career offender. The
997 Legislature intends to require the registration of career
998 offenders and to authorize law enforcement agencies to notify
999 the public and communities of the presence of a career offender.
1000 (3)(a) The department must provide information regarding
1001 any career offender who is being released after serving a period
1002 of incarceration for any offense, as follows:
1003 1. The department must provide the career offender’s name,
1004 any change in the career offender’s name by reason of marriage
1005 or other legal process, and any alias, if known; the
1006 correctional facility from which the career offender is
1007 released; the career offender’s social security number, race,
1008 sex gender, date of birth, height, weight, and hair and eye
1009 color; address of any planned permanent residence or temporary
1010 residence, within this state or out of state, including a rural
1011 route address and a post office box; address, location or
1012 description, and dates of any current or known future temporary
1013 residence within this state or out of state; date and county of
1014 sentence and each crime for which the career offender was
1015 sentenced; a copy of the career offender’s fingerprints, palm
1016 prints, and a digitized photograph taken within 60 days before
1017 release; the date of release of the career offender; employment
1018 information, if known, required to be provided pursuant to s.
1019 775.261; and all home telephone numbers and cellular telephone
1020 numbers required to be provided pursuant to s. 775.261 and the
1021 career offender’s intended residence address, if known. The
1022 department shall notify the Department of Law Enforcement if the
1023 career offender escapes, absconds, or dies. If the career
1024 offender is in the custody of a private correctional facility,
1025 the facility shall take the digitized photograph of the career
1026 offender within 60 days before the career offender’s release and
1027 provide this photograph to the Department of Corrections and
1028 also place it in the career offender’s file. If the career
1029 offender is in the custody of a local jail, the custodian of the
1030 local jail shall notify the Department of Law Enforcement within
1031 3 business days after intake of the offender for any reason and
1032 upon of the career offender’s release, and provide to the
1033 Department of Law Enforcement the information specified in this
1034 paragraph and any information specified in subparagraph 2. which
1035 the Department of Law Enforcement requests.
1036 2. The department may provide any other information deemed
1037 necessary, including criminal and corrections records and
1038 nonprivileged personnel and treatment records, when available.
1039 (b) The department must provide the information described
1040 in subparagraph (a)1. to:
1041 1. The sheriff of the county from where the career offender
1042 was sentenced;
1043 2. The sheriff of the county and, if applicable, the police
1044 chief of the municipality, where the career offender plans to
1045 reside;
1046 3. The Department of Law Enforcement;
1047 4. When requested, the victim of the offense, the victim’s
1048 parent or legal guardian if the victim is a minor, the lawful
1049 representative of the victim or of the victim’s parent or
1050 guardian if the victim is a minor, or the next of kin if the
1051 victim is a homicide victim; and
1052 5. Any person who requests such information,
1053
1054 either within 6 months prior to the anticipated release of a
1055 career offender, or as soon as possible if a career offender is
1056 released earlier than anticipated. All such information provided
1057 to the Department of Law Enforcement must be available
1058 electronically as soon as the information is in the agency’s
1059 database and must be in a format that is compatible with the
1060 requirements of the Florida Crime Information Center.
1061 (c) Upon request, the department must provide the
1062 information described in subparagraph (a)2. to:
1063 1. The sheriff of the county from where the career offender
1064 was sentenced; and
1065 2. The sheriff of the county and, if applicable, the police
1066 chief of the municipality, where the career offender plans to
1067 reside,
1068
1069 either within 6 months prior to the anticipated release of a
1070 career offender, or as soon as possible if a career offender is
1071 released earlier than anticipated.
1072 (d) Upon receiving information regarding a career offender
1073 from the department, the Department of Law Enforcement, the
1074 sheriff, or the chief of police shall provide the information
1075 described in subparagraph (a)1. to any individual who requests
1076 such information and may release the information to the public
1077 in any manner deemed appropriate, unless the information is
1078 confidential or exempt from s. 119.07(1) and s. 24(a), Art. I of
1079 the State Constitution.
1080 (4) This section authorizes the department or any law
1081 enforcement agency to may notify the community and the public of
1082 a career offender’s presence in the community. However, with
1083 respect to a career offender who has been found to be a sexual
1084 predator under s. 775.21, the Department of Law Enforcement or
1085 any other law enforcement agency must inform the community and
1086 the public of the sexual predator’s career offender’s presence
1087 in the community, as provided in s. 775.21.
1088 (5) An elected or appointed official, public employee,
1089 school administrator or employee, or agency, or any individual
1090 or entity acting at the request or upon the direction of any law
1091 enforcement agency, is immune from civil liability for damages
1092 resulting from the good faith compliance with the requirements
1093 of this section or the release of information under this
1094 section.
1095 Section 5. For the purpose of incorporating the amendment
1096 made by this act to section 775.261, Florida Statutes, in a
1097 reference thereto, subsection (4) of section 320.02, Florida
1098 Statutes, is reenacted to read:
1099 320.02 Registration required; application for registration;
1100 forms.—
1101 (4) Except as provided in ss. 775.21, 775.261, 943.0435,
1102 944.607, and 985.4815, the owner of any motor vehicle registered
1103 in the state shall notify the department in writing of any
1104 change of address within 30 days of such change. The
1105 notification shall include the registration license plate
1106 number, the vehicle identification number (VIN) or title
1107 certificate number, year of vehicle make, and the owner’s full
1108 name.
1109 Section 6. For the purpose of incorporating the amendment
1110 made by this act to section 775.261, Florida Statutes, in a
1111 reference thereto, subsection (1) of section 322.19, Florida
1112 Statutes, is reenacted to read:
1113 322.19 Change of address or name.—
1114 (1) Except as provided in ss. 775.21, 775.261, 943.0435,
1115 944.607, and 985.4815, whenever any person, after applying for
1116 or receiving a driver license or identification card, changes
1117 his or her legal name, that person must within 30 days
1118 thereafter obtain a replacement license or card that reflects
1119 the change.
1120 Section 7. For the purpose of incorporating the amendments
1121 made by this act to sections 775.261 and 944.609, Florida
1122 Statutes, in references thereto, subsection (4) of section
1123 775.13, Florida Statutes, is reenacted to read:
1124 775.13 Registration of convicted felons, exemptions;
1125 penalties.—
1126 (4) This section does not apply to an offender:
1127 (a) Who has had his or her civil rights restored;
1128 (b) Who has received a full pardon for the offense for
1129 which convicted;
1130 (c) Who has been lawfully released from incarceration or
1131 other sentence or supervision for a felony conviction for more
1132 than 5 years prior to such time for registration, unless the
1133 offender is a fugitive from justice on a felony charge or has
1134 been convicted of any offense since release from such
1135 incarceration or other sentence or supervision;
1136 (d) Who is a parolee or probationer under the supervision
1137 of the United States Parole Commission if the commission knows
1138 of and consents to the presence of the offender in Florida or is
1139 a probationer under the supervision of any federal probation
1140 officer in the state or who has been lawfully discharged from
1141 such parole or probation;
1142 (e) Who is a sexual predator and has registered as required
1143 under s. 775.21;
1144 (f) Who is a sexual offender and has registered as required
1145 in s. 943.0435 or s. 944.607; or
1146 (g) Who is a career offender who has registered as required
1147 in s. 775.261 or s. 944.609.
1148 Section 8. This act shall take effect October 1, 2024.