THE BILL ITSELF
CS/CS/HB 931
Career Offender Registration
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A bill to be entitled
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An act relating to career offender registration;
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amending s. 322.141, F.S.; requiring a certain driver
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license or identification marking for a career
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offender; providing applicability; requiring a career
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offender to report to the Department of Highway Safety
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and Motor Vehicles in a certain month to obtain an
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updated or renewed driver license or identification
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card; amending s. 775.261, F.S.; providing and
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revising definitions; providing that if a sanction is
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not imposed upon a career offender, such offender is
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deemed to have been released upon conviction;
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requiring a career offender to report in person at the
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sheriff's office for initial registration; revising
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the time of such report; revising information and
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documentation required upon initial registration;
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specifying that information and documents are provided
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to the Department of Law Enforcement through the
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sheriff's office; specifying the manner in which
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changes to a career offender's information must be
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reported; requiring certain career offenders to report
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to the Department of Highway Safety and Motor Vehicles
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and obtain a driver license or identification card
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containing a required marking within a certain period
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of time; revising the information and documentation
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certain career offenders must provide to the
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Department of Highway Safety and Motor Vehicles when
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reporting; requiring a career offender to report
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changes to any information provided upon initial
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registration within certain periods of time; requiring
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the custodian of a jail to notify the Department of
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Law Enforcement within a certain period of time if
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such custodian has a career offender in his or her
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custody and upon release of such offender; requiring
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such custodian to take a digitized photograph of the
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career offender and provide it to the Department of
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Law Enforcement; requiring the custodian to notify the
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Department of Law Enforcement if a career offender
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escapes or dies; removing a provision relating to the
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registration of a career offender at an office of the
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Department of Law Enforcement; specifying the
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procedure for a career offender to establish a
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residence after initial registration; requiring the
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Department of Highway Safety and Motor Vehicles to
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forward photographs and certain information to the
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Department of Law Enforcement and the Department of
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Corrections; authorizing the Department of Highway
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Safety and Motor Vehicles to release certain images to
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the Department of Law Enforcement for purposes of
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public notification; requiring that certain career
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offenders report changes to certain information to the
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sheriff's office within a certain period of time;
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requiring a career offender to report an in-state
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travel residence within a certain period of time;
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requiring a career offender who vacates a residence
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and does not establish another residence to report
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certain information in person within a certain period
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of time; requiring a career offender who remains at an
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address that such offender previously reported he or
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she was vacating to report such information in person
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within a certain period of time; requiring the
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sheriff's office to report such information to the
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Department of Law Enforcement; revising procedures for
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establishing a residence outside this state; requiring
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a career offender to report previously unknown travel
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in person to the sheriff's office as soon as possible
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before departure; revising the entities to which the
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career offender must provide certain residence
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information; requiring annual reregistration of career
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offenders during a certain month; specifying
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information that a career offender must provide upon
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reregistration; requiring certain governmental
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entities to verify certain career offender information
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at least once per year; requiring local law
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enforcement agencies to report to the Department of
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Law Enforcement failure by a career offender to comply
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with registration requirements; providing that certain
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career offenders shall be considered for removal of
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registration requirements in certain circumstances;
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revising the location in which a career offender may
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petition for removal; requiring notice to the
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Department of Law Enforcement of such petition within
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a certain time period; authorizing the Department of
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Law Enforcement to present evidence in opposition to
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removal; revising the circumstances in which a sheriff
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or chief of police may notify the community of the
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presence of a career offender; prohibiting the
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Department of Law Enforcement from publicly displaying
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information about a vehicle owned by a person who is
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not required to register as a career offender;
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revising the manner in which career offender addresses
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are verified and reported by law enforcement agencies;
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expanding information of which a failure to report can
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result in a criminal offense; providing that a career
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offender commits a separate offense for each failure
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to register or report a piece of information;
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expanding the jurisdictions in which a career offender
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may be prosecuted for an act or omission; specifying
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what events constitute actual notice of the duty to
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register; providing that the failure to immediately
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register upon the occurrence of such events is grounds
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for a subsequent charge of failure to register;
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restricting a career offender from claiming a lack of
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notice as a defense in certain circumstances;
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enhancing the penalty for assisting in career offender
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noncompliance; amending s. 944.608, F.S.; providing
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definitions; requiring certain career offenders under
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the supervision of the Department of Corrections to
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provide certain information after sentencing;
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requiring the Department of Corrections to report to
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the Department of Law Enforcement any failure of a
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career offender to comply with registration
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requirements; requiring a career offender to report to
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the sheriff's office any vehicle changes within a
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certain period of time; revising the information the
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Department of Corrections is required to provide to
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the Department of Law Enforcement relating to career
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offenders; requiring the custodian of a jail to notify
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the Department of Law Enforcement within a certain
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period of time if such custodian has a career offender
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in his or her custody and upon release of such
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offender; requiring such custodian to take a digitized
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photograph of the career offender and provide it to
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the Department of Law Enforcement; providing that a
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federal agency responsible for supervising a career
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offender may forward certain information about the
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offender to the Department of Law Enforcement;
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providing that such federal agency may indicate
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whether use of the information is restricted to law
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enforcement purposes only or may be used for purposes
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of public notification; requiring a certain driver
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license or identification marking for a career
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offender who is under supervision but it not
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incarcerated; expanding the jurisdictions in which a
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career offender may be prosecuted for an act or
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omission; specifying what events constitute actual
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notice of the duty to register; providing that the
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failure to immediately register upon the occurrence of
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such events is grounds for a subsequent charge of
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failure to register; restricting a career offender
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from claiming a lack of notice as a defense in certain
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circumstances; creating offenses and penalties for
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assisting in career offender noncompliance with
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provisions relating to notification of the Department
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of Law Enforcement; specifying that such offenses and
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penalties do not apply if a career offender is
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incarcerated in or is in the custody of certain
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facilities; requiring annual reregistration of career
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offenders during a certain month; specifying
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information that a career offender must provide upon
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reregistration; amending s. 944.609, F.S.; providing
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definitions; providing legislative findings;
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specifying information the Department of Corrections
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must provide upon release of a career offender within
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a certain period of time; requiring the Department of
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Corrections or any law enforcement agency to notify
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the community of the presence of a sexual predator in
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the community when a career offender who is also
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designated as a sexual predator is in such community;
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providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Subsections (3) and (4) of section 322.141, Florida Statutes, are amended to read:
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322.141 Color or markings of certain licenses or
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identification cards.—
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(3) All licenses for the operation of motor vehicles or
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identification cards originally issued or reissued by the
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department to persons who are designated as sexual predators
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under s. 775.21 or subject to registration as sexual offenders
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under s. 943.0435 or s. 944.607, or who have a similar
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designation or are subject to a similar registration under the
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laws of another jurisdiction, or who are designated as career
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offenders under s. 775.261 or s. 944.608, shall have on the
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front of the license or identification card the following:
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(a) For a person designated as a sexual predator under s.
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775.21 or who has a similar designation under the laws of
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another jurisdiction, the marking "SEXUAL PREDATOR."
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(b) For a person subject to registration as a sexual
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offender under s. 943.0435 or s. 944.607, or subject to a
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similar registration under the laws of another jurisdiction, the
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marking "943.0435, F.S."
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(c) For a person designated as a career offender under s.
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775.261 or s. 944.608, the marking "775.261, F.S." This
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paragraph applies only while the person is under the supervision
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of the Department of Corrections.
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(4)(a) Unless previously secured or updated, each sexual
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offender and sexual predator shall report to the department
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during the month of his or her reregistration as required under
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s. 775.21(8), s. 943.0435(14), or s. 944.607(13) in order to
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obtain an updated or renewed driver license or identification
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card as required by subsection (3).
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(b) Unless previously secured or updated as required by
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subsection (3), each career offender shall report to the
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department during the month of his or her birth in order to
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obtain an updated or renewed driver license or identification
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card as required by subsection (3).
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Section 2. Section 775.261, Florida Statutes, is amended
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to read:
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775.261 The Florida Career Offender Registration Act.—
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(1) SHORT TITLE.—This section may be cited as "The Florida
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Career Offender Registration Act."
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(2) DEFINITIONS.—As used in this section, the term:
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(a) "Career offender" means any person who is designated
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as a habitual violent felony offender, a violent career
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criminal, or a three-time violent felony offender under s.
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775.084 or as a prison releasee reoffender under s. 775.082(9).
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(b) "Chief of police" means the chief law enforcement
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officer of a municipality.
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(c) "Community" means any county where the career offender
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lives or otherwise establishes or maintains a permanent,
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temporary, or transient permanent residence.
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(d) "Department" means the Department of Law Enforcement.
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(e) "Entering the county" includes being discharged from a
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correctional facility, jail, or secure treatment facility within
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the county or being under supervision within the county with a
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career-offender designation as specified in paragraph (a).
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(f) "Permanent residence" means a place where the career
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offender abides, lodges, or resides for 3 14 or more consecutive
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days that is the person's home or other place where the person
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primarily lives. For the purpose of calculating a permanent
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residence under this paragraph, the first day that a career
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offender abides, lodges, or resides at a place is excluded and
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each subsequent day is counted. A day includes any part of a
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calendar day.
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(g) "Professional license" means the document of
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authorization or certification issued by an agency of this state
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for a regulatory purpose, or by any similar agency in another
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jurisdiction for a regulatory purpose, to a person to engage in
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an occupation or to carry out a trade or business.
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(h)1.(g) "Temporary residence" means:
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1. a place where the career offender abides, lodges, or
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resides, including, but not limited to, vacation, business, or
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personal travel destinations in or out of this state, for 3 a
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period of 14 or more days in the aggregate during any calendar
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year that and which is not the person's career offender's
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permanent or transient residence. The term includes an in-state
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travel residence. address;
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2. For a career offender whose permanent residence is not
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in this state, the term also includes a place where the career
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offender is employed, practices a vocation, or is enrolled as a
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student for any period of time in this state. For the purpose of
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calculating a temporary residence under this paragraph, the
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first day that a career offender abides, lodges, or resides at a
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place is excluded and each subsequent day is counted. A day
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includes any part of a calendar day.; or
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2. The term includes an "in-state travel residence," which
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means a temporary residence in this state established by a
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person who already has an existing permanent, temporary, or
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transient residence in this state.
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3. A place where the career offender routinely abides,
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lodges, or resides for a period of 4 or more consecutive or
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nonconsecutive days in any month and which is not the career
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offender's permanent residence, including any out-of-state
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address.
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(i) "Transient residence" means a county where the career
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offender lives, remains, or is located for the purpose of
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abiding, lodging, or residing for a period of 3 or more days in
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the aggregate during a calendar year that is not the person's
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permanent or temporary residence. The term includes, but is not
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limited to, a place where the career offender sleeps or seeks
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shelter and a location that has no specific street address. For
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the purpose of calculating a transient residence under this
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paragraph, the first day that a career offender lives, remains,
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or is located in a county for the purpose of abiding, lodging,
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or residing is excluded and each subsequent day is counted. A
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day includes any part of a calendar day.
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(j) "Vehicles owned" means any motor vehicle as defined in
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s. 320.01 which is registered, coregistered, leased, titled, or
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rented by a career offender; a rented vehicle that a career
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offender is authorized to drive; or a vehicle for which a career
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offender is insured as a driver. The term also includes any
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motor vehicle as defined in s. 320.01 which is registered,
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coregistered, leased, titled, or rented by a person or persons
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residing at a career offender's permanent residence for 5 or
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more consecutive days.
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(3) CRITERIA FOR REGISTRATION AS A CAREER OFFENDER.—
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(a) A career offender released on or after July 1, 2002,
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from a sanction imposed in this state must register as required
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under this section subsection (4) and is subject to community
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and public notification as provided under subsection (11) (5).
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If no sanction is imposed, the person is deemed to be released
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upon conviction. For purposes of this section, a sanction
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imposed in this state means includes, but is not limited to, a
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fine, probation, community control, parole, conditional release,
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control release, or incarceration in a state prison, federal
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prison, contractor-operated correctional facility, or local
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detention facility, and:
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1. The career offender has not received a pardon for any
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felony or other qualified offense that is necessary for the
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operation of this paragraph; or
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2. A conviction of a felony or other qualified offense
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necessary to the operation of this paragraph has not been set
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aside in any postconviction proceeding.
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(b) This section does not apply to any person who has been
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designated as a sexual predator and who is required to register
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under s. 775.21 or who is required to register as a sexual
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offender under s. 943.0435 or s. 944.607. However, if a person
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is no longer required to register as a sexual predator under s.
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775.21 or as a sexual offender under s. 943.0435 or s. 944.607,
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the person must register as a career offender under this section
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if the person is otherwise designated as a career offender as
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provided in this section.
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(c) A person subject to registration as a career offender
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is not subject to registration as a convicted felon under s.
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775.13. However, if the person is no longer required to register
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as a career offender under this section, the person must
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register under s. 775.13 if required to do so under that
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section.
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(d) If a career offender is not sentenced to a term of
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imprisonment, the clerk of the court shall ensure that the
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career offender's fingerprints are taken and forwarded to the
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department within 48 hours after the court renders its finding
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that an offender is a career offender. The fingerprints shall be
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clearly marked, "Career Offender Registration."
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(4) INITIAL REGISTRATION.—Upon initial registration, a
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career offender shall:
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(a) Report in person at A career offender must register
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with the department by providing the following information to
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the department, or to the sheriff's office:
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1. In the county in which the career offender establishes
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or maintains a permanent, or temporary, or transient residence,
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within 48 hours 2 working days after:
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a. Establishing a permanent, or temporary, or transient
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residence in this state; or
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b. Within 2 working days after Being released from the
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custody, control, or supervision of the Department of
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Corrections or from the custody of a contractor-operated
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correctional facility or local detention facility; or:
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2. In the county where he or she was convicted within 48
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hours after being convicted for a qualifying offense for
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registration under this section if the offender is not in the
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custody or control of, or under the supervision of, the
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Department of Corrections, or is not in the custody of a
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contractor-operated correctional facility or local detention
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facility.
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(b)1. Provide his or her name;, social security number;,
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age, race; sex;, gender, date of birth;, height;, weight;, hair
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and eye color; tattoos or other identifying marks; fingerprints;
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palm prints;, photograph;, employment information, including
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occupation, business name, employment address, and telephone
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number; address of permanent or legal residence and address of
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any current temporary residence, within the state or out of
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state, including a rural route address and or a post office box;
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if he or she has no permanent or temporary address, any
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transient residence within this state; address, location or
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description, and dates of any current or known future temporary
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residence within this state or out of state; the make, model,
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color, vehicle identification number (VIN), and license tag
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number of all vehicles owned; all home telephone numbers and
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cellular telephone numbers;, date and place of any employment,
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date and place of each conviction;, fingerprints, and a brief
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description of the crime or crimes committed by the career
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offender. A career offender may not provide a post office box
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may not be provided in lieu of a physical residential address.
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The career offender shall also produce his or her passport, if
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he or she has a passport, and, if he or she is an alien, shall
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produce or provide information about documents establishing his
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or her immigration status. The career offender shall also
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provide information about any professional licenses he or she
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has.
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2. If the career offender's place of residence is a motor
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vehicle, trailer, mobile home, or manufactured home, as those
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terms are defined in chapter 320, the career offender shall also
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provide to the department through the sheriff's office written
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notice of the vehicle identification number (VIN); the license
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tag number; the registration number; and a description,
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including color scheme, of the motor vehicle, trailer, mobile
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home, or manufactured home. If a career offender's place of
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residence is a vessel, live-aboard vessel, or houseboat, as
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those terms are defined in chapter 327, the career offender
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shall also provide to the department through the sheriff's
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office written notice of the hull identification number; the
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manufacturer's serial number; the name of the vessel, live-
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aboard vessel, or houseboat; the registration number of the
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vessel, live-aboard vessel, or houseboat; and a description,
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including color scheme, of the vessel, live-aboard vessel, or
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houseboat.
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3. Any change in any of the information required to be
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provided pursuant to this paragraph, including, but not limited
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to, any change in the career offender's permanent, temporary, or
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transient residence; name; home telephone numbers and cellular
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telephone numbers; employment information; and vehicles owned
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after the career offender reports in person at the sheriff's
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office must be reported in the manner provided in subsections
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(5)-(8).
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(c)2. Provide any other information determined necessary
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by the department, including criminal and corrections records;
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nonprivileged personnel and treatment records; and evidentiary
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genetic markers, when available. When
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(b) If a career offender registers with the sheriff's
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office, the sheriff shall take a photograph, and a set of
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fingerprints, and palm prints of the career offender and forward
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the photographs, and fingerprints, and palm prints to the
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department, along with the information that the career offender
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is required to provide pursuant to this section. The sheriff
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shall promptly provide to the department the information
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received from the career offender.
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(d)(c) Within 48 hours 2 working days after the report
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registration required under this subsection paragraph (a), a
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career offender who is not incarcerated and who resides in the
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community, including a career offender under the supervision of
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the Department of Corrections pursuant to s. 944.608, shall
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report register in person at a driver license office of the
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Department of Highway Safety and Motor Vehicles, unless a driver
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license or identification card that complies with s. 322.141(3)
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was previously secured or updated under s. 944.608 and shall
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present proof of registration. At the driver license office, the
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career offender shall:
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1. If otherwise qualified, secure a Florida driver
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license, renew a Florida driver license, or secure an
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identification card. The career offender shall identify himself
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or herself as a career offender who is required to comply with
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this section and shall provide proof that the career offender
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reported as required in this subsection. The career offender
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shall provide any of the information specified in this
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subsection, if requested. The career offender shall submit to
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the taking of a photograph for use in issuing a driver license,
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renewed license, or identification card, and for use by the
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department in maintaining current records of career offenders,
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provide his or her place of permanent or temporary residence,
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including a rural route address or a post office box, and submit
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to the taking of a photograph for use in issuing a driver
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license, renewed license, or identification card, and for use by
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the department in maintaining current records of career
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offenders. The career offender may not provide a post office box
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in lieu of a physical residential address. If the career
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offender's place of residence is a motor vehicle, trailer,
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mobile home, or manufactured home, as defined in chapter 320,
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the career offender shall also provide to the Department of
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Highway Safety and Motor Vehicles the vehicle identification
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number; the license tag number; the motor vehicle registration
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number; and a description, including color scheme, of the motor
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vehicle, trailer, mobile home, or manufactured home. If a career
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offender's place of residence is a vessel, live-aboard vessel,
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or houseboat, as defined in chapter 327, the career offender
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shall also provide to the Department of Highway Safety and Motor
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Vehicles the hull identification number; the manufacturer's
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serial number; the name of the vessel, live-aboard vessel, or
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houseboat; the registration number; and a description, including
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color scheme, of the vessel, live-aboard vessel, or houseboat.
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2. Pay the costs assessed by the Department of Highway
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Safety and Motor Vehicles for issuing or renewing a driver
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license or identification card as required by this section. The
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driver license or identification card issued must be in
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compliance with s. 322.141(3).
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3. Provide, upon request, any additional information
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necessary to confirm the identity of the career offender,
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including a set of fingerprints.
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(5) MAINTAINING REGISTRATION.—
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(a)(d) Each time a career offender's driver license or
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identification card is subject to renewal, and, without regard
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to the status of the career offender's driver license or
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identification card, within 48 hours 2 working days after any
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change of the career offender's residence or change in the
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career offender's name by reason of marriage or other legal
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process, the career offender must report in person to a driver
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license office, and shall be subject to the requirements
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specified in paragraph (4)(d) (c). The Department of Highway
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Safety and Motor Vehicles shall forward to the department and to
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the Department of Corrections all photographs and information
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provided by career offenders. Notwithstanding the restrictions
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set forth in s. 322.142, the Department of Highway Safety and
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Motor Vehicles may release a reproduction of a color-photograph
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or digital-image license to the department for purposes of
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public notification of career offenders as provided in this
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section and ss. 775.26 and 944.609. A career offender who is
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unable to secure or update a driver license or an identification
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card with the Department of Highway Safety and Motor Vehicles as
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provided in paragraph (4)(d) and this subsection shall report
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any change in the career offender's name by reason of marriage
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or other legal process within 48 hours after the change in
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person to the sheriff's office in the county where the career
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offender resides or is located. The reporting requirements under
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this paragraph do not negate the requirement for a career
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offender to obtain a Florida driver license or an identification
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card as required in this section.
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(b) A career offender shall report in person to the
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sheriff's office within 48 hours after any change in vehicles
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owned to report those vehicle information changes.
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(c) A career offender shall register all changes to home
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telephone numbers and cellular telephone numbers, including
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added and deleted numbers, and all changes to employment
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information, including the creation of a new business if self-
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employed, in person at the sheriff's office, or in person at the
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Department of Corrections if the career offender is in the
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custody or control, or under the supervision, of the Department
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of Corrections. All changes required to be reported under this
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paragraph must be reported within 48 hours after the change.
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(d) If the career offender is in the custody of a local
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jail, the custodian of the local jail shall notify the
493
department within 3 business days after intake of the career
494
offender for any reason and upon release. The custodian of the
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local jail shall also take a digitized photograph of the career
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offender while the career offender remains in custody and shall
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provide the digitized photograph to the department. The
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custodian shall notify the department if the career offender
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escapes from custody or dies.
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(6) ESTABLISHING A RESIDENCE WITHIN THIS STATE AFTER
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INITIAL REGISTRATION.—
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(a) Each time a career offender's driver license or
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identification card is subject to renewal, and, without regard
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to the status of the career offender's driver license or
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identification card, within 48 hours after any change in the
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career offender's permanent, temporary, or transient residence,
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the career offender must report in person to a driver license
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office and shall be subject to the requirements specified in
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paragraph (4)(d). The Department of Highway Safety and Motor
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Vehicles shall forward to the department and to the Department
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of Corrections all photographs and information provided by
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career offenders. Notwithstanding the restrictions set forth in
513
s. 322.142, the Department of Highway Safety and Motor Vehicles
514
may release a reproduction of a color-photograph or digital-
515
image license to the department for purposes of public
516
notification of career offenders as provided in this section and
517
ss. 775.26 and 944.609. A career offender who is unable to
518
secure or update a driver license or an identification card with
519
the Department of Highway Safety and Motor Vehicles as provided
520
in paragraph (4)(d) and this subsection shall report any change
521
in the career offender's permanent, temporary, or transient
522
residence within 48 hours after the change in person to the
523
sheriff's office in the county where the career offender resides
524
or is located. The reporting requirements under this paragraph
525
do not negate the requirement for a career offender to obtain a
526
Florida driver license or an identification card as required in
527
this section. This paragraph does not apply to an in-state
528
travel residence.
529
(b) A career offender shall report an in-state travel
530
residence within 48 hours after establishing the residence. The
531
report shall be made in person at the sheriff's office in the
532
county in which the career offender is located, or in person at
533
the Department of Corrections if the career offender is in the
534
custody or control, or under the supervision of, the Department
535
of Corrections.
536
(c) A career offender who vacates a permanent, temporary,
537
or transient residence and fails to establish or maintain
538
another permanent, temporary, or transient residence shall,
539
within 48 hours after vacating the permanent, temporary, or
540
transient residence, report in person to the sheriff's office of
541
the county in which he or she is located. The career offender
542
shall specify the date upon which he or she intends to or did
543
vacate such residence. The career offender must provide or
544
update all of the registration information required under
545
paragraph (4)(b). The career offender must provide an address
546
for the residence or other place where he or she is or will be
547
located during the time in which he or she fails to establish or
548
maintain a permanent, temporary, or transient residence.
549
(d) A career offender who remains at a permanent,
550
temporary, or transient residence after reporting his or her
551
intent to vacate such residence shall, within 48 hours after the
552
date upon which the career offender indicated he or she would or
553
did vacate such residence, report in person to the agency to
554
which he or she reported pursuant to paragraph (c) for the
555
purpose of reporting his or her address at such residence. When
556
the sheriff receives the report, the sheriff shall promptly
557
provide the information to the department. An offender who makes
558
a report as required under paragraph (c) but fails to make a
559
report as required under this paragraph commits a felony of the
560
second degree, punishable as provided in s. 775.082, s. 775.083,
561
or s. 775.084.
562
(7) ESTABLISHING A NON-FLORIDA RESIDENCE.—
563
(e) If the career offender registers at an office of the
564
department, the department must notify the sheriff and, if
565
applicable, the police chief of the municipality, where the
566
career offender maintains a residence within 48 hours after the
567
career offender registers with the department.
568
(a)(f) A career offender who intends to establish a
569
permanent, temporary, or transient residence in another state or
570
jurisdiction other than the State of Florida shall report in
571
person to the sheriff of the county of current residence at
572
least 48 hours or the department within 2 working days before
573
the date he or she intends to leave this state to establish
574
residence in another state or jurisdiction other than the State
575
of Florida. Any travel that is not known by the career offender
576
48 hours before he or she intends to establish a residence in
577
another state or jurisdiction must be reported in person to the
578
sheriff's office as soon as possible before departure. If the
579
career offender is under the supervision of the Department of
580
Corrections, the career offender shall notify the supervising
581
probation officer of his or her intent to transfer supervision,
582
satisfy all transfer requirements pursuant to the Interstate
583
Compact for Supervision of Adult Offenders, as provided in s.
584
949.07, and abide by the decision of the receiving jurisdiction
585
to accept or deny transfer. The career offender must provide to
586
the sheriff or department the address, municipality, county, and
587
state or jurisdiction of intended residence. The sheriff shall
588
promptly provide to the department the information received from
589
the career offender. The failure of a career offender to provide
590
his or her intended place of residence is punishable as provided
591
in subsection (13) (8).
592
(b)(g) A career offender who indicates his or her intent
593
to establish a permanent, temporary, or transient residence
594
reside in another a state or jurisdiction other than the State
595
of Florida and later decides to remain in this state shall,
596
within 48 hours 2 working days after the date upon which the
597
career offender indicated he or she would leave this state,
598
report in person to the sheriff's office sheriff or the
599
department, whichever agency is the agency to which the career
600
offender reported the intended change of permanent, temporary,
601
or transient residence and report, of his or her intent to
602
remain in this state. If the sheriff is notified by the career
603
offender that he or she intends to remain in this state, The
604
sheriff shall promptly report this information to the
605
department. A career offender who reports his or her intent to
606
establish a permanent, temporary, or transient residence reside
607
in another a state or jurisdiction other than the State of
608
Florida, but who remains in this state without reporting to the
609
sheriff or the department in the manner required by this
610
paragraph, commits a felony of the second degree, punishable as
611
provided in s. 775.082, s. 775.083, or s. 775.084.
612
(8) ANNUAL REREGISTRATION REQUIREMENT.—
613
(a) A career offender must report in person each year
614
during the month of the career offender's birthday to the
615
sheriff's office in the county in which he or she maintains a
616
permanent, temporary, or transient residence or is otherwise
617
located to reregister.
618
(b) The sheriff's office may determine the appropriate
619
times and days for reporting by the career offender, which must
620
be consistent with the reporting requirements of this
621
subsection. Reregistration must include any changes to the
622
following information:
623
1. Name; social security number; race; sex; date of birth;
624
height; weight; hair and eye color; tattoos or other identifying
625
marks; fingerprints; palm prints; photograph; employment
626
information, including occupation, business name, employment
627
address, and telephone number; address of permanent residence
628
and address of any current temporary residence, within the state
629
or out of state, including a rural route address and a post
630
office box; if he or she has no permanent or temporary address,
631
any transient residence within this state; address, location or
632
description, and dates of any current or known future temporary
633
residence within the state or out of state; the make, model,
634
color, vehicle identification number (VIN), and license tag
635
number of all vehicles owned; and all home telephone numbers and
636
cellular telephone numbers. A post office box may not be
637
provided in lieu of a physical residential address. The career
638
offender shall also produce his or her passport, if he or she
639
has a passport, and, if he or she is an alien, shall produce or
640
provide information about documents establishing his or her
641
immigration status. The career offender shall also provide
642
information about any professional licenses he or she has.
643
2. If the career offender's place of residence is a motor
644
vehicle, trailer, mobile home, or manufactured home, as those
645
terms are defined in chapter 320, the career offender shall also
646
provide the vehicle identification number (VIN); the license tag
647
number; the registration number; and a description, including
648
color scheme, of the motor vehicle, trailer, mobile home, or
649
manufactured home. If the career offender's place of residence
650
is a vessel, live-aboard vessel, or houseboat, as those terms
651
are defined in chapter 327, the career offender shall also
652
provide the hull identification number; the manufacturer's
653
serial number; the name of the vessel, live-aboard vessel, or
654
houseboat; the registration number of the vessel, live-aboard
655
vessel, or houseboat; and a description, including color scheme,
656
of the vessel, live-aboard vessel, or houseboat.
657
(c) The sheriff's office shall electronically submit to
658
and update with the department, in a manner prescribed by the
659
department, all such information provided by the career offender
660
within 2 business days after the career offender provides it to
661
the sheriff's office.
662
(9) VERIFICATION.—County and local law enforcement
663
agencies, in conjunction with the department, shall verify the
664
addresses of career offenders who are not under the care,
665
custody, control, or supervision of the Department of
666
Corrections at least one time per calendar year, and may verify
667
the addresses of career offenders who are under the care,
668
custody, control, or supervision of the Department of
669
Corrections. Local law enforcement agencies shall report to the
670
department any failure by a career offender to comply with
671
registration requirements.
672
(h)1. The department shall maintain online computer access
673
to the current information regarding each registered career
674
offender. The department must maintain hotline access so that
675
state, local, and federal law enforcement agencies may obtain
676
instantaneous locator file and criminal characteristics
677
information on release and registration of career offenders for
678
purposes of monitoring, tracking, and prosecution. The
679
photograph and fingerprints need not be stored in a computerized
680
format.
681
2. The department's career offender registration list,
682
containing the information described in subparagraph (a)1., is a
683
public record. The department may disseminate this public
684
information by any means deemed appropriate, including operating
685
a toll-free telephone number for this purpose. When the
686
department provides information regarding a career offender to
687
the public, department personnel must advise the person making
688
the inquiry that positive identification of a person believed to
689
be a career offender cannot be established unless a fingerprint
690
comparison is made, and that it is illegal to use public
691
information regarding a career offender to facilitate the
692
commission of a crime.
693
3. The department shall adopt guidelines as necessary
694
regarding the registration of a career offender and the
695
dissemination of information regarding a career offender as
696
required by this section.
697
(10)(i) RELIEF FROM REGISTRATION.—A career offender must
698
maintain registration with the department for the duration of
699
his or her life, unless the career offender has received a full
700
pardon or has had a conviction set aside in a postconviction
701
proceeding for any offense or offenses that meet meets the
702
criteria for classifying the person as a career offender for
703
purposes of registration. However, a registered career offender
704
shall be considered for removal of the requirement to register
705
as a career offender only if he or she who has been lawfully
706
released from confinement, supervision, or sanction, whichever
707
is later, for at least 20 years and has not been arrested for
708
any felony or misdemeanor offense since release.
709
(a) If the career offender meets the criteria in this
710
subsection, the career offender may, for the purpose of removing
711
the requirement for registration as a career offender, petition
712
the criminal division of the circuit court of the circuit in
713
which the registered career offender designation initially
714
occurred resides for the purpose of removing the requirement for
715
registration as a career offender.
716
(b) The court may grant or deny such relief if the
717
registered career offender demonstrates to the court that he or
718
she has not been arrested for any crime since release and the
719
court is otherwise satisfied that the registered career offender
720
is not a current or potential threat to public safety. The
721
department and the state attorney in the circuit in which the
722
petition is filed must be given notice of the petition at least
723
3 weeks before the hearing on the matter. The department and the
724
state attorney may present evidence in opposition to the
725
requested relief or may otherwise demonstrate the reasons why
726
the petition should be denied. If the court denies the petition,
727
the court may set a future date at which the registered career
728
offender may again petition the court for relief, subject to the
729
standards for relief provided in this subsection paragraph.
730
(c) The department shall remove a person from
731
classification as a career offender for purposes of registration
732
if the person provides to the department a certified copy of the
733
court's written findings or order that indicates that the person
734
is no longer required to comply with the requirements for
735
registration as a career offender.
736
(11)(5) COMMUNITY AND PUBLIC NOTIFICATION.—
737
(a) Law enforcement agencies may inform the community and
738
the public of the presence of a career offender in the
739
community. Upon notification of the presence of a career
740
offender, the sheriff of the county or the chief of police of
741
the municipality where the career offender establishes or
742
maintains a permanent, or temporary, or transient residence may
743
notify the community and the public of the presence of the
744
career offender in a manner deemed appropriate by the sheriff or
745
the chief of police.
746
(b) The sheriff or the police chief may coordinate the
747
community and public notification efforts with the department.
748
Statewide notification to the public is authorized, as deemed
749
appropriate by local law enforcement personnel and the
750
department.
751
(c)1. The department is responsible for the online
752
maintenance of the current information regarding each career
753
offender. The department must maintain hotline access for state,
754
local, and federal law enforcement agencies to obtain
755
instantaneous locator file and criminal characteristics
756
information on release and registration of career offenders for
757
the purposes of monitoring, tracking, and prosecution. The
758
photograph and fingerprints need not be stored in a computerized
759
format.
760
2. The department's career offender registration list is a
761
public record. The department may disseminate this public
762
information by any means deemed appropriate, including operating
763
a toll-free telephone number for this purpose. When the
764
department provides information regarding a career offender to
765
the public, department personnel must advise the person making
766
the inquiry that positive identification of a person believed to
767
be a career offender cannot be established unless a fingerprint
768
comparison is made, and that it is illegal to use public
769
information regarding a career offender to facilitate the
770
commission of a crime.
771
3. The department shall adopt guidelines as necessary
772
regarding the registration of a career offender and the
773
dissemination of information regarding a career offender as
774
required by this section. However, the department may not
775
display on or disseminate through the Internet public registry
776
maintained by the department any information regarding a vehicle
777
that is owned by a person who is not required to register as a
778
career offender.
779
(6) VERIFICATION.—The department and the Department of
780
Corrections shall implement a system for verifying the addresses
781
of career offenders. The sheriff of each county shall annually
782
verify the addresses of career offenders who are not under the
783
care, custody, control, or supervision of the Department of
784
Corrections. The sheriff shall promptly provide the address
785
verification information to the department in an electronic
786
format. The address verification information must include the
787
verifying person's name, agency, and phone number, the date of
788
verification, and the method of verification, and must specify
789
whether the address information was verified as correct,
790
incorrect, or unconfirmed.
791
(12)(7) IMMUNITY.—The department, the Department of
792
Highway Safety and Motor Vehicles, the Department of
793
Corrections, any law enforcement agency in this state, and the
794
personnel of those departments; an elected or appointed
795
official, public employee, or school administrator; or an
796
employee, agency, or any individual or entity acting at the
797
request or upon the direction of any law enforcement agency is
798
immune from civil liability for damages for good faith
799
compliance with the requirements of this section or for the
800
release of information under this section and shall be presumed
801
to have acted in good faith in compiling, recording, reporting,
802
or releasing the information. The presumption of good faith is
803
not overcome if a technical or clerical error is made by the
804
department, the Department of Highway Safety and Motor Vehicles,
805
the Department of Corrections, the personnel of those
806
departments, or any individual or entity acting at the request
807
or upon the direction of any of those departments in compiling
808
or providing information, or if information is incomplete or
809
incorrect because a career offender fails to report or falsely
810
reports his or her current place of permanent, or temporary, or
811
transient residence.
812
(13)(8) PENALTIES.—
813
(a) Except as otherwise specifically provided, a career
814
offender who fails to register; who fails, after registration,
815
to maintain, acquire, or renew a driver license or an
816
identification card; who fails to provide required location
817
information or change-of-name information; who fails to provide
818
all home telephone numbers and cellular telephone numbers; who
819
fails to report any changes to employment information, including
820
the addition of new employment, termination of existing
821
employment, and changes to the occupation, business name,
822
employment address, and telephone number of previously reported
823
employment; who fails to report any changes to vehicles owned,
824
including the addition of new vehicles and changes to the make,
825
model, color, vehicle identification number (VIN), and license
826
tag numbers of previously reported vehicles; who fails to make a
827
required report in connection with vacating a permanent
828
residence; who fails to reregister as required; who fails to
829
respond to any address verification correspondence from the
830
department or from county or local law enforcement agencies
831
within 3 weeks after the date of the correspondence; who
832
knowingly provides false registration information by act or
833
omission; or who otherwise fails, by act or omission, to comply
834
with the requirements of this section, commits a felony of the
835
third degree, punishable as provided in s. 775.082, s. 775.083,
836
or s. 775.084. Each instance of failure to register or report
837
changes to the required information specified in this paragraph
838
constitutes a separate offense.
839
(b) A career offender who commits any act or omission in
840
violation of this section, s. 944.608, or s. 944.609 may be
841
prosecuted for the act or omission in the county in which the
842
act or omission was committed, in the county of the last
843
registered address of the career offender, in the county in
844
which the conviction occurred for the offense or offenses that
845
meet the criteria for designating a person as a career offender,
846
in the county in which he or she was designated a career
847
offender, in the county where the career offender was released
848
from incarceration, or in the county of the intended address of
849
the career offender as reported by the offender before his or
850
her release from incarceration.
851
(c) An arrest on charges of failure to register when the
852
career offender has been provided and advised of his or her
853
statutory obligations to register under this section, the
854
service of an information or a complaint for a violation of this
855
section, or an arraignment on charges for a violation of this
856
section constitutes actual notice of the duty to register. A
857
career offender's failure to register immediately as required by
858
this section following such arrest, service, or arraignment
859
constitutes grounds for a subsequent charge of failure to
860
register. A career offender charged with the crime of failure to
861
register who asserts, or intends to assert, a lack of notice of
862
the duty to register as a defense to a charge of failure to
863
register shall immediately register as required by this section.
864
A career offender who is charged with a subsequent failure to
865
register may not assert the defense of a lack of notice of the
866
duty to register. Registration following such arrest, service,
867
or arraignment is not a defense and does not relieve the career
868
offender of criminal liability for the failure to register.
869
(d)(b) Any person who misuses public records information
870
concerning a career offender, as defined in this section, or a
871
career offender, as defined in s. 944.608 or s. 944.609, to
872
secure a payment from such career offender; who knowingly
873
distributes or publishes false information concerning such a
874
career offender which the person misrepresents as being public
875
records information; or who materially alters public records
876
information with the intent to misrepresent the information,
877
including documents, summaries of public records information
878
provided by law enforcement agencies, or public records
879
information displayed by law enforcement agencies on websites or
880
provided through other means of communication, commits a
881
misdemeanor of the first degree, punishable as provided in s.
882
775.082 or s. 775.083.
883
(9) PROSECUTIONS FOR ACTS OR OMISSIONS.—A career offender
884
who commits any act or omission in violation of this section, s.
885
944.608, or s. 944.609 may be prosecuted for the act or omission
886
in the county in which the act or omission was committed, the
887
county of the last registered address of the career offender,
888
the county in which the conviction occurred for the offense or
889
offenses that meet the criteria for designating a person as a
890
career offender, or in the county in which he or she was
891
designated a career offender.
892
(14)(10) PENALTIES FOR ASSISTING IN CAREER OFFENDER
893
NONCOMPLIANCE.—Any It is a misdemeanor of the first degree,
894
punishable as provided in s. 775.082 or s. 775.083, for a person
895
who has reason to believe that a career offender is not
896
complying, or has not complied, with the requirements of this
897
section and who, with the intent to assist the career offender
898
in eluding a law enforcement agency that is seeking to find the
899
career offender to question the career offender about, or to
900
arrest the career offender for, his or her noncompliance with
901
the requirements of this section, to:
902
(a) Withholds Withhold information from, or does not fail
903
to notify, the law enforcement agency about the career
904
offender's noncompliance with the requirements of this section
905
and, if known, the whereabouts of the career offender;
906
(b) Harbors Harbor or attempts attempt to harbor, or
907
assists assist another person in harboring or attempting to
908
harbor, the career offender;
909
(c) Conceals Conceal or attempts attempt to conceal, or
910
assists assist another person in concealing or attempting to
911
conceal, the career offender; or
912
(d) Provides Provide information to the law enforcement
913
agency regarding the career offender which the person knows to
914
be false information,
916
commits a felony of the third degree, punishable as provided in
917
s. 775.082, s. 775.083, or s. 775.084.
918
Section 3. Section 944.608, Florida Statutes, is amended
919
to read:
920
944.608 Notification to Department of Law Enforcement of
921
information on career offenders.—
922
(1) As used in this section, the term:
923
(a) "Career offender" means a person who is in the custody
924
or control of, or under the supervision of, the department or is
925
in the custody or control of, or under the supervision of, a
926
contractor-operated correctional facility, and who is designated
927
as a habitual violent felony offender, a violent career
928
criminal, or a three-time violent felony offender under s.
929
775.084 or as a prison releasee reoffender under s. 775.082(9).
930
(b) "Permanent residence," "temporary residence," and
931
"transient residence" have the same meaning as provided in s.
932
775.261.
933
(c) "Professional license" has the same meaning as
934
provided in s. 775.261.
935
(d) "Vehicles owned" has the same meaning as provided in s.
936
775.261.
937
(2) If a career offender is not sentenced to a term of
938
imprisonment, the clerk of the court shall ensure that the
939
career offender's fingerprints are taken and forwarded to the
940
Department of Law Enforcement within 48 hours after the court
941
sentences the career offender. The fingerprints shall be clearly
942
marked "Career Offender Registration."
943
(3) A career offender, as described in this section, who
944
is under the supervision of the department but is not
945
incarcerated must register with the department within 3 business
946
days after sentencing and provide information as required by
947
this subsection.
948
(a) The career offender shall provide his or her name;
949
date of birth; social security number; race; sex gender; date of
950
birth; height; weight; hair and eye color; tattoos or other
951
identifying marks; employment information required to be
952
provided pursuant to s. 775.261; and permanent or legal
953
residence and address of temporary residence within the state or
954
out of state while the career offender is under supervision in
955
this state, including any rural route address and a or post
956
office box; if no permanent or temporary address, any transient
957
residence within this state; and address, location or
958
description, and dates of any current or known future temporary
959
residence within this state or out of state; the make, model,
960
color, vehicle identification number (VIN), and license tag
961
number of all vehicles owned; and all home telephone numbers and
962
cellular telephone numbers required to be provided pursuant to
963
s. 775.261. The career offender shall also produce his or her
964
passport, if he or she has a passport, and, if he or she is an
965
alien, shall produce or provide information about documents
966
establishing his or her immigration status. The career offender
967
shall also provide information about any professional licenses
968
he or she has. The department shall verify the address of each
969
career offender in the manner described in s. 775.261. The
970
department shall report to the Department of Law Enforcement any
971
failure by a career offender to comply with any registration
972
requirements.
973
(b) A career offender shall report in person to the
974
sheriff's office within 48 hours after any change in vehicles
975
owned to report those vehicle information changes.
976
(4) In addition to notification and transmittal
977
requirements imposed by any other provision of law, the
978
department shall compile information on any career offender and
979
provide the information to the Department of Law Enforcement.
980
The information shall be made available electronically to the
981
Department of Law Enforcement as soon as this information is in
982
the department's database and must be in a format that is
983
compatible with the requirements of the Florida Crime
984
Information Center.
985
(5) The information provided to the Department of Law
986
Enforcement must include:
987
(a) The information obtained from the career offender
988
under subsection (3);
989
(b) The career offender's most current address and place
990
of permanent, and temporary, or transient residence or
991
residences within the state or out of state, the address,
992
location or description, and dates of any known future temporary
993
residence within this state or out of state while the career
994
offender is under supervision in this state, including the name
995
of the county or municipality in which the career offender
996
permanently or temporarily resides and, if known, the intended
997
place of permanent, or temporary, or transient residence or
998
residences and the address, location or description, and dates
999
of any current or known future temporary residence within this
1000
state or out of state upon satisfaction of all sanctions;
1001
(c) The legal status of the career offender and the
1002
scheduled termination date of that legal status;
1003
(d) The location of, and local telephone number for, any
1004
Department of Corrections' office that is responsible for
1005
supervising the career offender; and
1006
(e) A digitized photograph of the career offender, which
1007
must have been taken within 60 days before the career offender
1008
is released from the custody of the department or a contractor-
1009
operated correctional facility or within 60 days after the onset
1010
of the department's supervision of any career offender who is on
1011
probation, community control, conditional release, parole,
1012
provisional release, or control release. If the career offender
1013
is in the custody or control of, or under the supervision of, a
1014
contractor-operated correctional facility, the facility shall
1015
take a digitized photograph of the career offender within the
1016
time period provided in this paragraph and shall provide the
1017
photograph to the department.
1018
(6)(a) The department shall notify the Department of Law
1019
Enforcement if the career offender escapes, absconds, or dies
1020
while in the custody or control of, or under the supervision of,
1021
the department.
1022
(b) If any information provided by the department changes
1023
during the time the career offender is under the department's
1024
custody, control, or supervision, including any change in the
1025
career offender's name by reason of marriage or other legal
1026
process, the department shall, in a timely manner, update the
1027
information and provide it to the Department of Law Enforcement
1028
in the manner prescribed in subsection (4).
1029
(7) If the career offender is in the custody of a local
1030
jail, the custodian of the local jail shall notify the
1031
Department of Law Enforcement within 3 business days after
1032
intake of the offender for any reason and upon release, and
1033
shall forward the information to the Department of Law
1034
Enforcement. The custodian of the local jail shall also take a
1035
digitized photograph of the career offender while the career
1036
offender remains in custody and shall provide the digitized
1037
photograph to the Department of Law Enforcement.
1038
(8) If the career offender is under federal supervision,
1039
the federal agency responsible for supervising the career
1040
offender may forward to the Department of Law Enforcement any
1041
information regarding the career offender which is consistent
1042
with the information provided by the department under this
1043
section, and may indicate whether use of the information is
1044
restricted to law enforcement purposes only or may be used by
1045
the Department of Law Enforcement for purposes of public
1046
notification.
1047
(9)(7) A career offender, as described in this section,
1048
who is under the supervision of the department but who is not
1049
incarcerated shall, in addition to the registration requirements
1050
provided in subsection (3), register and obtain a distinctive
1051
driver license or identification card in the manner provided in
1052
s. 775.261 s. 775.261(4)(c), unless the career offender is a
1053
sexual predator, in which case he or she shall register as
1054
required under s. 775.21, or is a sexual offender, in which case
1055
he or she shall register as required in s. 943.0435 or s.
1056
944.607. A career offender who fails to comply with the
1057
requirements of s. 775.261 s. 775.261(4) is subject to the
1058
penalties provided in s. 775.261(13) s. 775.261(8).
1059
(10)(a)(8) The failure of a career offender to submit to
1060
the taking of a digitized photograph, or to otherwise comply
1061
with the requirements of this section, is a felony of the third
1062
degree, punishable as provided in s. 775.082, s. 775.083, or s.
1063
775.084.
1064
(b) A career offender who commits any act or omission in
1065
violation of this section may be prosecuted for the act or
1066
omission in the county in which the act or omission was
1067
committed, in the county of the last registered address of the
1068
career offender, in the county in which the conviction occurred
1069
for the offense or offenses that meet the criteria for
1070
designating a person as a career offender, in the county in
1071
which he or she was designated a career offender, in the county
1072
where the career offender was released from incarceration, or in
1073
the county of the intended address of the career offender as
1074
reported by the offender before his or her release from
1075
incarceration.
1076
(c) An arrest on charges of failure to register when the
1077
offender has been provided and advised of his or her statutory
1078
obligations to register under s. 775.261, the service of an
1079
information or a complaint for a violation of this section, or
1080
an arraignment on charges for a violation of this section
1081
constitutes actual notice of the duty to register. A career
1082
offender's failure to register immediately as required by this
1083
section following such arrest, service, or arraignment
1084
constitutes grounds for a subsequent charge of failure to
1085
register. A career offender charged with the crime of failure to
1086
register who asserts, or intends to assert, a lack of notice of
1087
the duty to register as a defense to a charge of failure to
1088
register shall register immediately as required by this section.
1089
A career offender who is charged with a subsequent failure to
1090
register may not assert the defense of a lack of notice of the
1091
duty to register.
1092
(d) Registration following such arrest, service, or
1093
arraignment is not a defense and does not relieve the career
1094
offender of criminal liability for the failure to register.
1095
(11)(9) The department, the Department of Highway Safety
1096
and Motor Vehicles, the Department of Law Enforcement, personnel
1097
of those departments, and any individual or entity acting at the
1098
request or upon the direction of those departments are immune
1099
from civil liability for damages for good faith compliance with
1100
this section, and shall be presumed to have acted in good faith
1101
in compiling, recording, reporting, or providing information.
1102
The presumption of good faith is not overcome if technical or
1103
clerical errors are made by the department, the Department of
1104
Highway Safety and Motor Vehicles, the Department of Law
1105
Enforcement, personnel of those departments, or any individual
1106
or entity acting at the request or upon the direction of those
1107
departments in compiling, recording, reporting, or providing
1108
information, or, if the information is incomplete or incorrect
1109
because the information has not been provided by a person or
1110
agency required to provide the information, or because the
1111
information was not reported or was falsely reported.
1112
(12) Any person who has reason to believe that a career
1113
offender is not complying, or has not complied, with the
1114
requirements of this section and who, with the intent to assist
1115
the career offender in eluding a law enforcement agency that is
1116
seeking to find the career offender to question the career
1117
offender about, or to arrest the career offender for, his or her
1118
noncompliance with the requirements of this section:
1119
(a) Withholds information from, or does not notify, the
1120
law enforcement agency about the career offender's noncompliance
1121
with the requirements of this section, and, if known, the
1122
whereabouts of the career offender;
1123
(b) Harbors or attempts to harbor, or assists another
1124
person in harboring or attempting to harbor, the career
1125
offender;
1126
(c) Conceals or attempts to conceal, or assists another
1127
person in concealing or attempting to conceal, the career
1128
offender; or
1129
(d) Provides information to the law enforcement agency
1130
regarding the career offender which the person knows to be false
1131
information,
1133
commits a felony of the third degree, punishable as provided in
1134
s. 775.082, s. 775.083, or s. 775.084. This subsection does not
1135
apply if the career offender is incarcerated in or is in the
1136
custody of a state correctional facility, a contractor-operated
1137
correctional facility, a local jail, or a federal correctional
1138
facility.
1139
(13)(a) A career offender must report in person each year
1140
during the month of the career offender's birthday to the
1141
sheriff's office in the county in which he or she maintains a
1142
permanent, temporary, or transient residence or is otherwise
1143
located to reregister.
1144
(b) The sheriff's office may determine the appropriate
1145
times and days for reporting by the career offender, which must
1146
be consistent with the reporting requirements of this
1147
subsection. Reregistration must include any changes to the
1148
following information:
1149
1. Name; social security number; race; sex; date of birth;
1150
height; weight; hair and eye color; tattoos or other identifying
1151
marks; fingerprints; palm prints; photograph; employment
1152
information required to be provided pursuant to s. 775.261;
1153
address of permanent residence and address of any current
1154
temporary residence, within the state or out of state, including
1155
a rural route address and a post office box; if no permanent or
1156
temporary address, any transient residence within this state;
1157
address, location or description, and dates of any current or
1158
known future temporary residence within the state or out of
1159
state; the make, model, color, vehicle identification number
1160
(VIN), and license tag number of all vehicles owned; and all
1161
home telephone numbers and cellular telephone numbers required
1162
to be provided pursuant to s. 775.261. A post office box may not
1163
be provided in lieu of a physical residential address. The
1164
career offender shall also produce his or her passport, if he or
1165
she has a passport, and, if he or she is an alien, shall produce
1166
or provide information about documents establishing his or her
1167
immigration status. The career offender shall also provide
1168
information about any professional licenses he or she has.
1169
2. If the career offender's place of residence is a motor
1170
vehicle, trailer, mobile home, or manufactured home, as those
1171
terms are defined in chapter 320, the career offender shall also
1172
provide the vehicle identification number (VIN); the license tag
1173
number; the registration number; and a description, including
1174
color scheme, of the motor vehicle, trailer, mobile home, or
1175
manufactured home. If the career offender's place of residence
1176
is a vessel, live-aboard vessel, or houseboat, as those terms
1177
are defined in chapter 327, the career offender shall also
1178
provide the hull identification number; the manufacturer's
1179
serial number; the name of the vessel, live-aboard vessel, or
1180
houseboat; the registration number of the vessel, live-aboard
1181
vessel, or houseboat; and a description, including color scheme,
1182
of the vessel, live-aboard vessel, or houseboat.
1183
3. Any career offender who fails to report in person as
1184
required at the sheriff's office, who fails to respond to any
1185
address verification correspondence from the department within 3
1186
weeks after the date of the correspondence, or who knowingly
1187
provides false registration information by act or omission
1188
commits a felony of the third degree, punishable as provided in
1189
s. 775.082, s. 775.083, or s. 775.084.
1190
(c) The sheriff's office shall, within 2 working days,
1191
electronically submit and update all information provided by the
1192
career offender to the Department of Law Enforcement in a manner
1193
prescribed by the Department of Law Enforcement.
1194
Section 4. Section 944.609, Florida Statutes, is amended
1195
to read:
1196
944.609 Career offenders; notification upon release.—
1197
(1) As used in this section, the term:
1198
(a) "Career offender" means a person who is in the custody
1199
or control of, or under the supervision of, the department or is
1200
in the custody or control of, or under the supervision of a
1201
contractor-operated correctional facility, who is designated as
1202
a habitual violent felony offender, a violent career criminal,
1203
or a three-time violent felony offender under s. 775.084 or as a
1204
prison releasee reoffender under s. 775.082(9).
1205
(b) "Permanent residence," "temporary residence," and
1206
"transient residence" have the same meaning as provided in s.
1207
775.261.
1208
(c) "Professional license" has the same meaning as
1209
provided in s. 775.261.
1210
(d) "Vehicles owned" has the same meaning as provided in s.
1211
775.261.
1212
(2) The Legislature finds that certain career offenders,
1213
by virtue of their histories of offenses, present a threat to
1214
the public and to communities. Career offenders have a reduced
1215
expectation of privacy because of the public's interest in
1216
public safety and in the effective operation of government. The
1217
Legislature finds that requiring these career offenders to
1218
register for the purpose of tracking the career offenders and
1219
providing for notifying the public and a community of the
1220
presence of a career offender are important aids to law
1221
enforcement agencies, the public, and communities if the career
1222
offender engages again in criminal conduct. Registration is
1223
intended to aid law enforcement agencies in timely apprehending
1224
a career offender. Registration is not a punishment, but merely
1225
a status. Notification to the public and communities of the
1226
presence of a career offender aids the public and communities in
1227
avoiding being victimized by the career offender. The
1228
Legislature intends to require the registration of career
1229
offenders and to authorize law enforcement agencies to notify
1230
the public and communities of the presence of a career offender.
1231
(3)(a) The department must provide information regarding
1232
any career offender who is being released after serving a period
1233
of incarceration for any offense, as follows:
1234
1. The department must provide the career offender's name,
1235
any change in the career offender's name by reason of marriage
1236
or other legal process, and any alias, if known; the
1237
correctional facility from which the career offender is
1238
released; the career offender's social security number, race,
1239
sex gender, date of birth, height, weight, and hair and eye
1240
color; tattoos or other identifying marks; address of any
1241
planned permanent residence or temporary residence, within this
1242
state or out of state, including a rural route address and a
1243
post office box; if no permanent or temporary address, any
1244
transient residence within this state; address, location or
1245
description, and dates of any current or known future temporary
1246
residence within this state or out of state; date and county of
1247
sentence and each crime for which the career offender was
1248
sentenced; a copy of the career offender's fingerprints, palm
1249
prints, and a digitized photograph taken within 60 days before
1250
release; the date of release of the career offender; employment
1251
information, if known, required to be provided pursuant to s.
1252
775.261; all home telephone numbers and cellular telephone
1253
numbers required to be provided pursuant to s. 775.261;
1254
information about any professional licenses the career offender
1255
has, if known; and passport information, if he or she has a
1256
passport, and, if he or she is an alien, information about the
1257
documents establishing his or her immigration status and the
1258
career offender's intended residence address, if known. The
1259
department shall notify the Department of Law Enforcement if the
1260
career offender escapes, absconds, or dies. If the career
1261
offender is in the custody of a contractor-operated correctional
1262
facility, the facility shall take the digitized photograph of
1263
the career offender within 60 days before the career offender's
1264
release and provide this photograph to the Department of
1265
Corrections and also place it in the career offender's file. If
1266
the career offender is in the custody of a local jail, the
1267
custodian of the local jail shall notify the Department of Law
1268
Enforcement within 3 business days after intake of the offender
1269
for any reason and upon of the career offender's release, and
1270
provide to the Department of Law Enforcement the information
1271
specified in this paragraph and any information specified in
1272
subparagraph 2. which the Department of Law Enforcement
1273
requests.
1274
2. The department may provide any other information deemed
1275
necessary, including criminal and corrections records and
1276
nonprivileged personnel and treatment records, when available.
1277
(b) The department must provide the information described
1278
in subparagraph (a)1. to:
1279
1. The sheriff of the county where the career offender was
1280
sentenced;
1281
2. The sheriff of the county and, if applicable, the
1282
police chief of the municipality, where the career offender
1283
plans to reside;
1284
3. The Department of Law Enforcement;
1285
4. When requested, the victim of the offense, the victim's
1286
parent or legal guardian if the victim is a minor, the lawful
1287
representative of the victim or of the victim's parent or
1288
guardian if the victim is a minor, or the next of kin if the
1289
victim is a homicide victim; and
1290
5. Any person who requests such information,
1292
either within 6 months prior to the anticipated release of a
1293
career offender or as soon as possible if a career offender is
1294
released earlier than anticipated. All such information provided
1295
to the Department of Law Enforcement must be available
1296
electronically as soon as the information is in the agency's
1297
database and must be in a format that is compatible with the
1298
requirements of the Florida Crime Information Center.
1299
(c) Upon request, the department must provide the
1300
information described in subparagraph (a)2. to:
1301
1. The sheriff of the county where the career offender was
1302
sentenced; and
1303
2. The sheriff of the county and, if applicable, the
1304
police chief of the municipality, where the career offender
1305
plans to reside,
1307
either within 6 months prior to the anticipated release of a
1308
career offender or as soon as possible if a career offender is
1309
released earlier than anticipated.
1310
(d) Upon receiving information regarding a career offender
1311
from the department, the Department of Law Enforcement, the
1312
sheriff, or the chief of police shall provide the information
1313
described in subparagraph (a)1. to any individual who requests
1314
such information and may release the information to the public
1315
in any manner deemed appropriate, unless the information is
1316
confidential or exempt from s. 119.07(1) and s. 24(a), Art. I of
1317
the State Constitution.
1318
(4) This section authorizes the department or any law
1319
enforcement agency to may notify the community and the public of
1320
a career offender's presence in the community. However, with
1321
respect to a career offender who has been found to be a sexual
1322
predator under s. 775.21, the Department of Law Enforcement or
1323
any other law enforcement agency must inform the community and
1324
the public of the sexual predator's career offender's presence
1325
in the community, as provided in s. 775.21.
1326
(5) An elected or appointed official, public employee,
1327
school administrator or employee, or agency, or any individual
1328
or entity acting at the request or upon the direction of any law
1329
enforcement agency, is immune from civil liability for damages
1330
resulting from the good faith compliance with the requirements
1331
of this section or the release of information under this
1332
section.
1333
Section 5. This act shall take effect October 1, 2026.