Florida 2024 Regular Session

Florida House Bill H1539 Compare Versions

Only one version of the bill is available at this time.
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1010 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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1414 A bill to be entitled 1
1515 An act relating to career offenders; amending s. 2
1616 322.141, F.S.; requiring that all licenses for the 3
1717 operation of motor vehicles or identification cards 4
1818 issued or reissued by the Department of Highway Safety 5
1919 and Motor Vehicles to persons designated as caree r 6
2020 offenders subject to registration under specified 7
2121 provisions have a specified marking on the front of 8
2222 the cards; requiring each career offender to report to 9
2323 the department during his or her birth month to obtain 10
2424 an updated or renewed driver license or id entification 11
2525 cars unless previously secured or updated; making 12
2626 technical changes; amending s. 775.261, F.S.; revising 13
2727 the definitions of the terms "permanent residence" and 14
2828 "temporary residence"; defining the term "vehicles 15
2929 owned"; revising the criteria fo r having to register 16
3030 as a career offender; revising the required actions 17
3131 and the required information that a career offender 18
3232 must provide upon registration; requiring the 19
3333 sheriff's office to promptly provide to the Department 20
3434 of Law Enforcement specified d ata and information 21
3535 received from the career offender; revising timeframes 22
3636 within which a career offender is required to report 23
3737 to a driver license office of the Department of 24
3838 Highway Safety and Motor Vehicles or report directly 25
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4747 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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5151 to the department; providin g an exception; revising 26
5252 requirements that a career offender must comply with 27
5353 at the driver license office; requiring that, if a 28
5454 career offender is in the custody of a local jail, the 29
5555 custodian of the local jail notify the Department of 30
5656 Law Enforcement within a specified timeframe after 31
5757 intake of the career offender for any reason and upon 32
5858 release; requiring the custodian to take a digitized 33
5959 photograph of the career offender and provide the 34
6060 photograph to the department; requiring a career 35
6161 offender to report in person to a driver license 36
6262 office within a specified timeframe after any change 37
6363 in the career offender's permanent or temporary 38
6464 residence; requiring the Department of Highway Safety 39
6565 and Motor Vehicles to forward to the Department of Law 40
6666 Enforcement all photographs and information provided 41
6767 by a career offender; authorizing the department to 42
6868 release license reproductions to the department for 43
6969 the purpose of public notification; requiring a career 44
7070 offender to report in person to the sheriff's office 45
7171 after specified occurrences; providing criminal 46
7272 penalties; revising reporting requirements and 47
7373 applicable timeframes that a career offender must 48
7474 comply with if he or she intends to establish a 49
7575 permanent or temporary residence or to travel; 50
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8484 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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8888 requiring county and l ocal law enforcement agencies, 51
8989 in conjunction with the Department of Law Enforcement, 52
9090 to, at a minimum, annually verify the addresses of 53
9191 certain career offenders; authorizing county and local 54
9292 law enforcement agencies, in conjunction with the 55
9393 Department of Law Enforcement, to annually verify the 56
9494 addresses of certain career offenders; requiring 57
9595 county and local law enforcement agencies to report to 58
9696 the department any failures by career offenders to 59
9797 register; requiring that the department receive notice 60
9898 of petitions for the removal of the requirement for 61
9999 registration as career offenders within a specified 62
100100 timeframe before a hearing on the petition; 63
101101 authorizing the department to present evidence in 64
102102 opposition to the requested relief or otherwise 65
103103 demonstrate reasons to deny the petition; authorizing, 66
104104 rather than requiring, the department to maintain 67
105105 online computer access to the current information 68
106106 regarding each registered career offender; revising 69
107107 the list of requirements for which failure of a career 70
108108 offender to comply constitutes a criminal offense; 71
109109 specifying that each instance of a failure to register 72
110110 or report changes to specified required information 73
111111 constitutes a separate offense; expanding the 74
112112 jurisdictions under which career offender may be 75
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121121 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125125 prosecuted for violations of specified acts or 76
126126 omissions; specifying circumstances which constitute 77
127127 actual notice for a career offender of the duty to 78
128128 register; increasing the criminal penalties for 79
129129 existing prohibited acts relating to assisting career 80
130130 offenders in noncompliance with specified requirements 81
131131 or withholding or providing false information to law 82
132132 enforcement agencies; conforming provisions to changes 83
133133 made by the act; making technical changes; amending s. 84
134134 944.608, F.S.; defining terms; providing a timeframe 85
135135 under which certain career offenders are required to 86
136136 register with the Department of Corrections and 87
137137 provide specified information; requiring the 88
138138 department to report to the Department of Law 89
139139 Enforcement any failures by career offenders to 90
140140 register; revising the information that the Department 91
141141 of Corrections must provide to the Department of Law 92
142142 Enforcement; requiring that, if a career offender is 93
143143 in the custody of a local jail, the custodian of the 94
144144 local jail notify the Department of Law Enforcement 95
145145 within a specified timeframe after intake of the 96
146146 career offender for any reason and upon release; 97
147147 requiring the custodian to take a digitized photograph 98
148148 of the career offender and provide the photograph to 99
149149 the department; authorizing the supervising federal 100
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158158 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162162 agency to forward certain information to the 101
163163 Department of Law Enforcement if a career offender is 102
164164 under federal supervision and to indicate whether use 103
165165 of the information is subject to certain restrictions; 104
166166 specifying the jurisdictions under which a career 105
167167 offender may be prosecuted for violations of specified 106
168168 acts or omissions; specifying circumstances which 107
169169 constitute actual notice for a career offender of the 108
170170 duty to register; providing criminal penalties for 109
171171 committing specified prohibited acts relating to 110
172172 assisting career offenders in noncompliance with 111
173173 specified requirements or withholding or providing 112
174174 false information to law enforcement agencies; 113
175175 providing applicability; conforming cross -references; 114
176176 making technical changes; amending s. 944.609, F.S.; 115
177177 defining terms; revising legislative findings; 116
178178 revising the information that the Department of 117
179179 Corrections is required to provide regarding career 118
180180 offenders being released after serving periods of 119
181181 incarceration for any offense; specifying a timeframe 120
182182 under which the custodian of a local jail must notify 121
183183 the Department of Law Enforcement after intake of a 122
184184 career offender for any reason and upon release; 123
185185 making technical and clarifying changes; reenacting 124
186186 ss. 320.02(4) and 322.19(1), F.S., relating to 125
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195195 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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199199 registration required and application for 126
200200 registration, and forms and change of address or name, 127
201201 respectively, to incorporate the amendment made to s. 128
202202 775.261, F.S., in references thereto; reenacting s. 129
203203 775.13(4), F.S., relating to registration of convicted 130
204204 felons, exemptions, and penalties, to incorporate the 131
205205 amendment made to ss. 775.261 and 944.609, F.S., in 132
206206 references thereto; providing an effective date. 133
207207 134
208208 Be It Enacted by the Legislature of the State of Florida: 135
209209 136
210210 Section 1. Subsections (3) and (4) of se ction 322.141, 137
211211 Florida Statutes, are amended to read: 138
212212 322.141 Color or markings of certain licenses or 139
213213 identification cards. — 140
214214 (3) All licenses for the operation of motor vehicles or 141
215215 identification cards originally issued or reissued by the 142
216216 department to persons who are designated as sexual predators 143
217217 under s. 775.21, who are or subject to registration as sexual 144
218218 offenders under s. 943.0435 or s. 944.607, who are designated as 145
219219 career offenders under s. 775.261 or s. 944.608, or who have a 146
220220 similar designation or are subject to a similar registration 147
221221 under the laws of another jurisdiction, shall have on the front 148
222222 of the license or identification card the following: 149
223223 (a) For a person designated as a sexual predator under s. 150
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232232 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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236236 775.21 or who has a similar designa tion under the laws of 151
237237 another jurisdiction, the marking "SEXUAL PREDATOR." 152
238238 (b) For a person subject to registration as a sexual 153
239239 offender under s. 943.0435 or s. 944.607, or subject to a 154
240240 similar registration under the laws of another jurisdiction, the 155
241241 marking "943.0435, F.S." 156
242242 (c) For a person subject to registration as a career 157
243243 offender under s. 775.261 or s. 944.608, the marking "CAREER 158
244244 OFFENDER." 159
245245 (4)(a) Unless previously secured or updated, each sexual 160
246246 offender and sexual predator shall report to th e department 161
247247 during the month of his or her reregistration as required under 162
248248 s. 775.21(8), s. 943.0435(14), or s. 944.607(13) in order to 163
249249 obtain an updated or renewed driver license or identification 164
250250 card as required by subsection (3). 165
251251 (b) Unless previously secured or updated, each career 166
252252 offender shall report to the department during the month of his 167
253253 or her birth in order to obtain an updated or renewed driver 168
254254 license or identification card as required by subsection (3). 169
255255 Section 2. Section 775.261, F lorida Statutes, is amended 170
256256 to read: 171
257257 775.261 The Florida Career Offender Registration Act. — 172
258258 (1) SHORT TITLE.—This section may be cited as "The Florida 173
259259 Career Offender Registration Act." 174
260260 (2) DEFINITIONS.—As used in this section, the term: 175
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269269 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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273273 (a) "Career offender" means any person who is designated 176
274274 as a habitual violent felony offender, a violent career 177
275275 criminal, or a three -time violent felony offender under s. 178
276276 775.084 or as a prison releasee reoffender under s. 775.082(9). 179
277277 (b) "Chief of police" means the chief law enforcement 180
278278 officer of a municipality. 181
279279 (c) "Community" means any county where the career offender 182
280280 lives or otherwise establishes or maintains a permanent or 183
281281 temporary or permanent residence. 184
282282 (d) "Department" means the Department of Law Enforcement. 185
283283 (e) "Entering the county" includes being discharged from a 186
284284 correctional facility, jail, or secure treatment facility within 187
285285 the county or being under supervision within the county with a 188
286286 career-offender designation as specified in paragr aph (a). 189
287287 (f) "Permanent residence" means a place where the career 190
288288 offender abides, lodges, or resides for 5 14 or more consecutive 191
289289 days. For the purpose of calculating a permanent residence under 192
290290 this paragraph, the first day that a person abides, lodges , or 193
291291 resides at a place is excluded and each subsequent day is 194
292292 counted. A day includes any part of a calendar day. 195
293293 (g) "Temporary residence" means : 196
294294 1. a place where the career offender abides, lodges, or 197
295295 resides, including, but not limited to, vacation , business, or 198
296296 personal travel destinations in or out of this state for a 199
297297 period of 5 14 or more days in the aggregate during any calendar 200
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306306 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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310310 year and which is not the career offender's permanent residence, 201
311311 or for a career offender whose permanent residence i s not in 202
312312 this state, a place where the career offender is employed, 203
313313 practices a vocation, or is enrolled as a student for any period 204
314314 of time in this state. For the purpose of calculating a 205
315315 temporary residence under this paragraph, the first day that a 206
316316 person abides, lodges, or resides at a place is excluded and 207
317317 each subsequent day is counted. A day includes any part of a 208
318318 calendar day address; 209
319319 2. For a career offender whose permanent residence is not 210
320320 in this state, a place where the career offender is empl oyed, 211
321321 practices a vocation, or is enrolled as a student for any period 212
322322 of time in this state; or 213
323323 3. A place where the career offender routinely abides, 214
324324 lodges, or resides for a period of 4 or more consecutive or 215
325325 nonconsecutive days in any month and which is not the career 216
326326 offender's permanent residence, including any out -of-state 217
327327 address. 218
328328 (h) "Vehicles owned" means any motor vehicle as defined in 219
329329 s. 320.01 which is registered, co -registered, leased, titled, or 220
330330 rented by a career offender; a rented vehic le that a career 221
331331 offender is authorized to drive; or a vehicle for which a career 222
332332 offender is insured as a driver. The term also includes any 223
333333 motor vehicle as defined in s. 320.01 which is registered, co -224
334334 registered, leased, titled, or rented by a person or persons 225
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343343 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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347347 residing at a career offender's permanent residence for 5 or 226
348348 more consecutive days. 227
349349 (3) CRITERIA FOR REGISTRATION AS A CAREER OFFENDER. — 228
350350 (a) A career offender released on or after July 1, 2002, 229
351351 from a sanction imposed in this state must regist er as required 230
352352 under this section subsection (4) and is subject to community 231
353353 and public notification as provided under subsection (9) 232
354354 subsection (5). If no sanction is imposed, the person is deemed 233
355355 to be released upon conviction. For purposes of this secti on, a 234
356356 sanction imposed in this state means includes, but is not 235
357357 limited to, a fine, probation, community control, parole, 236
358358 conditional release, control release, or incarceration in a 237
359359 state prison, federal prison, private correctional facility, or 238
360360 local detention facility, and: 239
361361 1. The career offender has not received a pardon for any 240
362362 felony or other qualified offense that is necessary for the 241
363363 operation of this paragraph; or 242
364364 2. A conviction of a felony or other qualified offense 243
365365 necessary to the operation of this paragraph has not been set 244
366366 aside in any postconviction proceeding. 245
367367 (b) This section does not apply to any person who has been 246
368368 designated as a sexual predator and is required to register 247
369369 under s. 775.21 or who is required to register as a sexual 248
370370 offender under s. 943.0435 or s. 944.607. However, if a person 249
371371 is no longer required to register as a sexual predator under s. 250
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380380 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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384384 775.21 or as a sexual offender under s. 943.0435 or s. 944.607, 251
385385 the person must register as a career offender under this section 252
386386 if the person is otherwise designated as a career offender as 253
387387 provided in this section. 254
388388 (c) A person subject to registration as a career offender 255
389389 is not subject to registration as a convicted felon under s. 256
390390 775.13. However, if the person is no longer requ ired to register 257
391391 as a career offender under this section, the person must 258
392392 register under s. 775.13 if required to do so under that 259
393393 section. 260
394394 (d) If a career offender is not sentenced to a term of 261
395395 imprisonment, the clerk of the court shall ensure that the 262
396396 career offender's fingerprints are taken and forwarded to the 263
397397 department within 48 hours after the court renders its finding 264
398398 that an offender is a career offender. The fingerprints shall be 265
399399 clearly marked, "Career Offender Registration." 266
400400 (4) REGISTRATION.—Upon registration, a career offender 267
401401 shall: 268
402402 (a) Report in person at A career offender must register 269
403403 with the department by providing the following information to 270
404404 the department, or to the sheriff's office in the county in 271
405405 which the career offender esta blishes or maintains a permanent 272
406406 or temporary residence, within 48 hours 2 working days after 273
407407 establishing a permanent or temporary residence in this state , 274
408408 or within 48 hours 2 working days after being released from the 275
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417417 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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421421 custody, control, or supervision of the Department of 276
422422 Corrections or from the custody of a private correctional 277
423423 facility or local detention facility. : 278
424424 (b)1. Provide his or her name; date of birth;, social 279
425425 security number;, age;, race; sex;, gender, date of birth, 280
426426 height;, weight;, hair and eye color; fingerprints; palm 281
427427 prints;, photograph; employment information; , address of 282
428428 permanent or legal residence and address of any current 283
429429 temporary residence within the state or out of state, including 284
430430 a rural route address and or a post office box; address, 285
431431 location or description, and dates of any current or known 286
432432 future temporary residence within this state or out of state; 287
433433 the make, model, color, vehicle identification number (VIN), and 288
434434 license tag number of all vehicles owned; home telephone numbers 289
435435 and cellular telephone numbers; , date and place of any 290
436436 employment, date and place of each conviction ;, fingerprints, 291
437437 and a brief description of the crime or crimes committed by the 292
438438 career offender. A career offender may not provide a post office 293
439439 box may not be provided in lieu of a physical residential 294
440440 address. If the career offender's place of residence is a motor 295
441441 vehicle, trailer, mobile home, or manufactured home, as those 296
442442 terms are defined in chapter 320, the care er offender shall also 297
443443 provide to the department through the sheriff's office written 298
444444 notice of the vehicle identification number (VIN); the license 299
445445 tag number; the registration number; and a description, 300
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454454 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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458458 including color scheme, of the motor vehicle, trail er, mobile 301
459459 home, or manufactured home. If a career offender's place of 302
460460 residence is a vessel, live -aboard vessel, or houseboat, as 303
461461 those terms are defined in chapter 327, the career offender 304
462462 shall also provide to the department through the sheriff's 305
463463 office written notice of the hull identification number; the 306
464464 manufacturer's serial number; the name of the vessel, live -307
465465 aboard vessel, or houseboat; the registration number of the 308
466466 vessel, live-aboard vessel, or houseboat ; and a description, 309
467467 including color schem e, of the vessel, live -aboard vessel, or 310
468468 houseboat. 311
469469 (c)2. Provide any other information determined necessary 312
470470 by the department, including criminal and corrections records; 313
471471 nonprivileged personnel and treatment records; and evidentiary 314
472472 genetic markers, when available. 315
473473 (b) When If a career offender registers with the sheriff's 316
474474 office, the sheriff shall take a photograph , and a set of 317
475475 fingerprints, and palm prints of the career offender and forward 318
476476 the photographs, and fingerprints, and palm prints to the 319
477477 department, along with the information that the career offender 320
478478 is required to provide pursuant to this section. The sheriff 321
479479 shall promptly provide to the department the information 322
480480 received from the career offender. 323
481481 (d)(c) Within 48 hours 2 working days after the reporting 324
482482 registration required under this subsection paragraph (a), a 325
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491491 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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495495 career offender who is not incarcerated and who resides in the 326
496496 community, including a career offender under the supervision of 327
497497 the Department of Corrections pursuant to s. 94 4.608, shall 328
498498 report register in person at a driver license office of the 329
499499 Department of Highway Safety and Motor Vehicles , unless a driver 330
500500 license or identification card that complies with s. 322.141(3) 331
501501 was previously secured or updated under s. 944.608 and shall 332
502502 present proof of registration . At the driver license office, the 333
503503 career offender shall: 334
504504 1. If otherwise qualified, secure a Florida driver 335
505505 license, renew a Florida driver license, or secure an 336
506506 identification card. The career offender shall identif y himself 337
507507 or herself as a career offender who is required to comply with 338
508508 this section and shall provide proof that the career offender 339
509509 reported as required in this subsection. The career offender 340
510510 shall provide any of the information specified in this 341
511511 subsection, if requested. The career offender shall submit to 342
512512 the taking of a photograph for use in issuing a driver license, 343
513513 renewed license, or identification card, and for use by the 344
514514 department in maintaining current records of career offenders , 345
515515 provide his or her place of permanent or temporary residence, 346
516516 including a rural route address or a post office box, and submit 347
517517 to the taking of a photograph for use in issuing a driver 348
518518 license, renewed license, or identification card, and for use by 349
519519 the department in maintaining current records of career 350
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528528 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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532532 offenders. The career offender may not provide a post office box 351
533533 in lieu of a physical residential address. If the career 352
534534 offender's place of residence is a motor vehicle, trailer, 353
535535 mobile home, or manufactured home, as defined in chapter 320, 354
536536 the career offender shall also provide to the Department of 355
537537 Highway Safety and Motor Vehicles the vehicle identification 356
538538 number; the license tag number; the motor vehicle registration 357
539539 number; and a description, including color sche me, of the motor 358
540540 vehicle, trailer, mobile home, or manufactured home. If a career 359
541541 offender's place of residence is a vessel, live -aboard vessel, 360
542542 or houseboat, as defined in chapter 327, the career offender 361
543543 shall also provide to the Department of Highway Sa fety and Motor 362
544544 Vehicles the hull identification number; the manufacturer's 363
545545 serial number; the name of the vessel, live -aboard vessel, or 364
546546 houseboat; the registration number; and a description, including 365
547547 color scheme, of the vessel, live -aboard vessel, or ho useboat. 366
548548 2. Pay the costs assessed by the Department of Highway 367
549549 Safety and Motor Vehicles for issuing or renewing a driver 368
550550 license or identification card as required by this section. The 369
551551 driver license or identification card issued must be in 370
552552 compliance with s. 322.141(3). 371
553553 3. Provide, upon request, any additional information 372
554554 necessary to confirm the identity of the career offender, 373
555555 including a set of fingerprints. 374
556556 (e) A career offender shall report in person to a driver 375
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565565 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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569569 license office and is subject t o the requirements specified in 376
570570 this subsection: 377
571571 1.(d) Each time a career offender's driver license or 378
572572 identification card is subject to renewal ; and 379
573573 2. Without regard to the status of the offender's driver 380
574574 license or identification card , and within 48 hours 2 working 381
575575 days after any change of the career offender's residence or 382
576576 change in the career offender's name by reason of marriage or 383
577577 other legal process, the career offender must report in person 384
578578 to a driver license office, and shall be subject to th e 385
579579 requirements specified in paragraph (c) . 386
580580 (f) The Department of Highway Safety and Motor Vehicles 387
581581 shall forward to the department and to the Department of 388
582582 Corrections all photographs and information provided by career 389
583583 offenders. Notwithstanding the rest rictions set forth in s. 390
584584 322.142, the Department of Highway Safety and Motor Vehicles may 391
585585 release a reproduction of a color -photograph or digital -image 392
586586 license to the department for purposes of public notification of 393
587587 career offenders as provided in this se ction and ss. 775.26 and 394
588588 944.609. 395
589589 (g) A career offender who is unable to secure or update a 396
590590 driver license or an identification card with the Department of 397
591591 Highway Safety and Motor Vehicles as provided in this subsection 398
592592 shall also report any change in t he career offender's name by 399
593593 reason of marriage or other legal process within 48 hours after 400
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602602 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
603603
604604
605605
606606 the change to the sheriff's office in the county where the 401
607607 offender resides or is located and provide confirmation that he 402
608608 or she reported such information to the Department of Highway 403
609609 Safety and Motor Vehicles. The reporting requirements under this 404
610610 paragraph do not negate the requirement for a career offender to 405
611611 obtain a Florida driver license or an identification card as 406
612612 required in this section. 407
613613 (h) If the career offender is in the custody of a local 408
614614 jail, the custodian of the local jail shall notify the 409
615615 department within 3 business days after intake of the career 410
616616 offender for any reason and upon release. The custodian of the 411
617617 local jail shall also take a digitiz ed photograph of the career 412
618618 offender while the career offender remains in custody and shall 413
619619 provide the digitized photograph to the department. The 414
620620 custodian shall notify the department if the career offender 415
621621 escapes from custody or dies. 416
622622 (e) If the career offender registers at an office of the 417
623623 department, the department must notify the sheriff and, if 418
624624 applicable, the police chief of the municipality, where the 419
625625 career offender maintains a residence within 48 hours after the 420
626626 career offender registers with the department. 421
627627 (5) ESTABLISHING A RESIDENCE WITHIN THIS STATE AFTER 422
628628 REGISTRATION.— 423
629629 (a) A career offender shall report in person to a driver 424
630630 license office and is subject to the requirements specified in 425
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639639 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
640640
641641
642642
643643 subsection (4): 426
644644 1. Each time a career offender 's driver license or 427
645645 identification card is subject to renewal; and 428
646646 2. Without regard to the status of the offender's driver 429
647647 license or identification card, within 48 hours after any change 430
648648 in the offender's permanent or temporary residence. 431
649649 (b) The Department of Highway Safety and Motor Vehicles 432
650650 shall forward to the department and to the Department of 433
651651 Corrections all photographs and information provided by career 434
652652 offenders. Notwithstanding the restrictions set forth in s. 435
653653 322.142, the Department of Hig hway Safety and Motor Vehicles may 436
654654 release a reproduction of a color -photograph or digital -image 437
655655 license to the department for purposes of public notification of 438
656656 career offenders as provided in this section and ss. 775.26 and 439
657657 944.609. 440
658658 (c) A career offend er who is unable to secure or update a 441
659659 driver license or an identification card with the Department of 442
660660 Highway Safety and Motor Vehicles as provided in subsection (4) 443
661661 and this subsection shall also report any change in the career 444
662662 offender's permanent or te mporary residence within 48 hours 445
663663 after the change to the sheriff's office in the county where the 446
664664 offender resides or is located and provide confirmation that he 447
665665 or she reported such information to the Department of Highway 448
666666 Safety and Motor Vehicles. The reporting requirements under this 449
667667 paragraph do not negate the requirement for a career offender to 450
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676676 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
677677
678678
679679
680680 obtain a Florida driver license or an identification card as 451
681681 required in this section. 452
682682 (d) A career offender who vacates a permanent or temporary 453
683683 residence and fails to establish or maintain another permanent 454
684684 or temporary residence shall, within 48 hours after vacating the 455
685685 permanent or temporary residence, report in person to the 456
686686 sheriff's office of the county in which he or she is located. 457
687687 The career offender shall specify the date upon which he or she 458
688688 intends to or did vacate such residence. The career offender 459
689689 must provide or update all of the registration information 460
690690 required under paragraph (4)(b). The career offender must 461
691691 provide an address for the resi dence or other place where he or 462
692692 she is or will be located during the time in which he or she 463
693693 fails to establish or maintain a permanent or temporary 464
694694 residence. 465
695695 (e) A career offender who remains at a permanent or 466
696696 temporary residence after reporting his o r her intent to vacate 467
697697 such residence shall, within 48 hours after the date upon which 468
698698 the offender indicated he or she would or did vacate such 469
699699 residence, report in person to the agency to which he or she 470
700700 reported pursuant to paragraph (d) for the purpose of reporting 471
701701 his or her address at such residence. When the sheriff receives 472
702702 the report, the sheriff shall promptly convey the information to 473
703703 the department. An offender who makes a report as required under 474
704704 paragraph (d) but fails to make a report as requ ired under this 475
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713713 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
714714
715715
716716
717717 paragraph commits a felony of the second degree, punishable as 476
718718 provided in s. 775.082, s. 775.083, or s. 775.084. 477
719719 (6) ESTABLISHING A NON -FLORIDA RESIDENCE.— 478
720720 (a)(f) A career offender who intends to establish a 479
721721 permanent or temporary residence in another state or 480
722722 jurisdiction other than the State of Florida shall report in 481
723723 person to the sheriff of the county of current residence at 482
724724 least 48 hours or the department within 2 working days before 483
725725 the date he or she intends to leave this state to establish 484
726726 residence in another state or jurisdiction other than the State 485
727727 of Florida. Any travel that is not known by the career offender 486
728728 48 hours before he or she intends to establish a residence in 487
729729 another state or jurisdiction must be reported in per son to the 488
730730 sheriff's office as soon as possible before departure. If the 489
731731 career offender is under the supervision of the Department of 490
732732 Corrections, the career offender shall notify the supervising 491
733733 probation officer of his or her intent to transfer supervis ion, 492
734734 satisfy all transfer requirements pursuant to the Interstate 493
735735 Compact for Supervision of Adult Offenders, as provided in s. 494
736736 949.07, and abide by the decision of the receiving jurisdiction 495
737737 to accept or deny transfer. The career offender must provide to 496
738738 the sheriff or department the address, municipality, county, and 497
739739 state or jurisdiction of intended residence. The sheriff shall 498
740740 promptly provide to the department the information received from 499
741741 the career offender. The failure of a career offender to provid e 500
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750750 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
751751
752752
753753
754754 his or her intended place of residence is punishable as provided 501
755755 in subsection (11) subsection (8). 502
756756 (b)(g) A career offender who indicates his or her intent 503
757757 to establish a permanent or temporary residence reside in 504
758758 another a state or jurisdiction other than the State of Florida 505
759759 and later decides to remain in this state shall, within 48 hours 506
760760 2 working days after the date upon which the career offender 507
761761 indicated he or she would leave this state, report in person to 508
762762 the sheriff's office sheriff or the department, whichever agency 509
763763 is the agency to which the career offender reported the intended 510
764764 change of permanent or temporary residence and report, of his or 511
765765 her intent to remain in this state. If the sheriff is notified 512
766766 by the career offender that he or she intends to remain in this 513
767767 state, The sheriff shall promptly report this information to the 514
768768 department. A career offender who reports his or her intent to 515
769769 establish a permanent or temporary residence reside in another a 516
770770 state or jurisdiction other than the State of Florida, but who 517
771771 remains in this state without reporting to the sheriff or the 518
772772 department in the manner required by this subsection paragraph, 519
773773 commits a felony of the second degree, punishable as provided in 520
774774 s. 775.082, s. 775.083, or s. 775.084. 521
775775 (h)1. The department shall maintain online computer access 522
776776 to the current information regarding each registered career 523
777777 offender. The department must maintain hotline access so that 524
778778 state, local, and federal law enforcement ag encies may obtain 525
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787787 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
788788
789789
790790
791791 instantaneous locator file and criminal characteristics 526
792792 information on release and registration of career offenders for 527
793793 purposes of monitoring, tracking, and prosecution. The 528
794794 photograph and fingerprints need not be stored in a computerize d 529
795795 format. 530
796796 2. The department's career offender registration list, 531
797797 containing the information described in subparagraph (a)1., is a 532
798798 public record. The department may disseminate this public 533
799799 information by any means deemed appropriate, including operating 534
800800 a toll-free telephone number for this purpose. When the 535
801801 department provides information regarding a career offender to 536
802802 the public, department personnel must advise the person making 537
803803 the inquiry that positive identification of a person believed to 538
804804 be a career offender cannot be established unless a fingerprint 539
805805 comparison is made, and that it is illegal to use public 540
806806 information regarding a career offender to facilitate the 541
807807 commission of a crime. 542
808808 3. The department shall adopt guidelines as necessary 543
809809 regarding the registration of a career offender and the 544
810810 dissemination of information regarding a career offender as 545
811811 required by this section. 546
812812 (7) VERIFICATION.—County and local law enforcement 547
813813 agencies, in conjunction with the department, shall, at a 548
814814 minimum, annually verify the addresses of career offenders who 549
815815 are not under the care, custody, control, or supervision of the 550
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824824 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
825825
826826
827827
828828 Department of Corrections, and may verify the addresses of 551
829829 career offenders who are under the care, custody, control, or 552
830830 supervision of the Department of Corrections. Local law 553
831831 enforcement agencies shall report to the department any failure 554
832832 by a career offender to comply with registration requirements. 555
833833 (8)(i) RELIEF FROM REGISTRATION. —A career offender must 556
834834 maintain registration with the dep artment for the duration of 557
835835 his or her life, unless the career offender has received a full 558
836836 pardon or has had a conviction set aside in a postconviction 559
837837 proceeding for any offense or offenses that meet meets the 560
838838 criteria for classifying the person as a car eer offender for 561
839839 purposes of registration. However, a registered career offender 562
840840 shall be considered for removal of the requirement to register 563
841841 as a career offender only if he or she who has been lawfully 564
842842 released from confinement, supervision, or sanction , whichever 565
843843 is later, for at least 20 years and has not been arrested for 566
844844 any felony or misdemeanor offense since release . 567
845845 (a) If the career offender meets the criteria in this 568
846846 subsection, the career offender may, for the purpose of removing 569
847847 the requirement for registration as a career offender, petition 570
848848 the criminal division of the circuit court of the circuit in 571
849849 which the registered career offender resides for the purpose of 572
850850 removing the requirement for registration as a career offender. 573
851851 (b) The court may grant or deny such relief if the 574
852852 registered career offender demonstrates to the court that he or 575
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861861 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
862862
863863
864864
865865 she has not been arrested for any crime since release and the 576
866866 court is otherwise satisfied that the registered career offender 577
867867 is not a current or potenti al threat to public safety. The 578
868868 department and the state attorney in the circuit in which the 579
869869 petition is filed must be given notice of the petition at least 580
870870 3 weeks before the hearing on the matter. The department and the 581
871871 state attorney may present eviden ce in opposition to the 582
872872 requested relief or may otherwise demonstrate the reasons why 583
873873 the petition should be denied. If the court denies the petition, 584
874874 the court may set a future date at which the registered career 585
875875 offender may again petition the court for relief, subject to the 586
876876 standards for relief provided in this subsection paragraph. 587
877877 (c) The department shall remove a person from 588
878878 classification as a career offender for purposes of registration 589
879879 if the person provides to the department a certified copy of the 590
880880 court's written findings or order that indicates that the person 591
881881 is no longer required to comply with the requirements for 592
882882 registration as a career offender. 593
883883 (9)(5) COMMUNITY AND PUBLIC NOTIFICATION. — 594
884884 (a) Law enforcement agencies may inform the co mmunity and 595
885885 the public of the presence of a career offender in the 596
886886 community. Upon notification of the presence of a career 597
887887 offender, the sheriff of the county or the chief of police of 598
888888 the municipality where the career offender establishes or 599
889889 maintains a permanent or temporary residence may notify the 600
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898898 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
899899
900900
901901
902902 community and the public of the presence of the career offender 601
903903 in a manner deemed appropriate by the sheriff or the chief of 602
904904 police. 603
905905 (b) The sheriff or the police chief may coordinate the 604
906906 community and public notification efforts with the department. 605
907907 Statewide notification to the public is authorized, as deemed 606
908908 appropriate by local law enforcement personnel and the 607
909909 department. 608
910910 (c)1. The department may maintain online computer access 609
911911 to the current informa tion regarding each registered career 610
912912 offender. The department must maintain hotline access so that 611
913913 state, local, and federal law enforcement agencies may obtain 612
914914 instantaneous locator file and criminal characteristics 613
915915 information on release and registratio n of career offenders for 614
916916 the purposes of monitoring, tracking, and prosecution. The 615
917917 photograph and fingerprints need not be stored in a computerized 616
918918 format. 617
919919 2. The department's career offender registration list is a 618
920920 public record. The department may dis seminate this public 619
921921 information by any means deemed appropriate, including operating 620
922922 a toll-free telephone number for this purpose. When the 621
923923 department provides information regarding a career offender to 622
924924 the public, department personnel must advise the pe rson making 623
925925 the inquiry that positive identification of a person believed to 624
926926 be a career offender cannot be established unless a fingerprint 625
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935935 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
936936
937937
938938
939939 comparison is made, and that it is illegal to use public 626
940940 information regarding a career offender to facilitate the 627
941941 commission of a crime. 628
942942 3. The department shall adopt guidelines as necessary 629
943943 regarding the registration of a career offender and the 630
944944 dissemination of information regarding a career offender as 631
945945 required by this section. 632
946946 (6) VERIFICATION.—The department and the Department of 633
947947 Corrections shall implement a system for verifying the addresses 634
948948 of career offenders. The sheriff of each county shall annually 635
949949 verify the addresses of career offenders who are not under the 636
950950 care, custody, control, or supervision of t he Department of 637
951951 Corrections. The sheriff shall promptly provide the address 638
952952 verification information to the department in an electronic 639
953953 format. The address verification information must include the 640
954954 verifying person's name, agency, and phone number, the da te of 641
955955 verification, and the method of verification, and must specify 642
956956 whether the address information was verified as correct, 643
957957 incorrect, or unconfirmed. 644
958958 (10)(7) IMMUNITY.—The department, the Department of 645
959959 Highway Safety and Motor Vehicles, the Department of 646
960960 Corrections, any law enforcement agency in this state, and the 647
961961 personnel of those departments; an elected or appointed 648
962962 official, public employee, or school a dministrator; or an 649
963963 employee, agency, or any individual or entity acting at the 650
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972972 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
973973
974974
975975
976976 request or upon the direction of any law enforcement agency is 651
977977 immune from civil liability for damages for good faith 652
978978 compliance with the requirements of this section or for th e 653
979979 release of information under this section , and shall be presumed 654
980980 to have acted in good faith in compiling, recording, reporting, 655
981981 or releasing the information. The presumption of good faith is 656
982982 not overcome if a technical or clerical error is made by the 657
983983 department, the Department of Highway Safety and Motor Vehicles, 658
984984 the Department of Corrections, the personnel of those 659
985985 departments, or any individual or entity acting at the request 660
986986 or upon the direction of any of those departments in compiling 661
987987 or providing information, or if information is incomplete or 662
988988 incorrect because a career offender fails to report or falsely 663
989989 reports his or her current place of permanent or temporary 664
990990 residence. 665
991991 (11)(8) PENALTIES.— 666
992992 (a) Except as otherwise specifically provided, a c areer 667
993993 offender who fails to register; who fails, after registration, 668
994994 to maintain, acquire, or renew a driver license or an 669
995995 identification card; who fails to provide required location 670
996996 information or change -of-name information; who fails to make a 671
997997 required report in connection with vacating a permanent 672
998998 residence; who fails to respond to any address verification 673
999999 correspondence from the department or from county or local law 674
10001000 enforcement agencies within 3 weeks after the date of the 675
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10091009 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
10101010
10111011
10121012
10131013 correspondence; who knowingly provides false registration 676
10141014 information by act or omission; or who otherwise fails, by act 677
10151015 or omission, to comply with the requirements of this section, 678
10161016 commits a felony of the third degree, punishable as provided in 679
10171017 s. 775.082, s. 775.083, or s. 775.084. Each instance of failure 680
10181018 to register or report changes to the required information 681
10191019 specified herein constitutes a separate offense. 682
10201020 (b) A career offender who commits any act or omission in 683
10211021 violation of this section, s. 944.608, or s. 944.609 may be 684
10221022 prosecuted for the act or omission in the county in which the 685
10231023 act or omission was committed, in the county of the last 686
10241024 registered address of the career offender, in the county in 687
10251025 which the conviction occurred for the offense or offenses that 688
10261026 meet the criteria for designating a person as a career offender, 689
10271027 in the county in which he or she was designated a career 690
10281028 offender, in the county where the career offender was released 691
10291029 from incarceration, or in the county of the intended address of 692
10301030 the career offender as re ported by the offender before his or 693
10311031 her release from incarceration. 694
10321032 (c) An arrest on charges of failure to register when the 695
10331033 offender has been provided and advised of his or her statutory 696
10341034 obligations to register under this section, the service of an 697
10351035 information or a complaint for a violation of this section, or 698
10361036 an arraignment on charges for a violation of this section 699
10371037 constitutes actual notice of the duty to register. A career 700
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10461046 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
10471047
10481048
10491049
10501050 offender's failure to register immediately as required by this 701
10511051 section following such arrest, service, or arraignment 702
10521052 constitutes grounds for a subsequent charge of failure to 703
10531053 register. A career offender charged with the crime of failure to 704
10541054 register who asserts, or intends to assert, a lack of notice of 705
10551055 the duty to register as a def ense to a charge of failure to 706
10561056 register shall register immediately as required by this section. 707
10571057 A career offender who is charged with a subsequent failure to 708
10581058 register may not assert the defense of a lack of notice of the 709
10591059 duty to register. Registration foll owing such arrest, service, 710
10601060 or arraignment is not a defense and does not relieve the career 711
10611061 offender of criminal liability for the failure to register. 712
10621062 (d)(b) Any person who misuses public records information 713
10631063 concerning a career offender, as defined in t his section, or a 714
10641064 career offender, as defined in s. 944.608 or s. 944.609, to 715
10651065 secure a payment from such career offender; who knowingly 716
10661066 distributes or publishes false information concerning such a 717
10671067 career offender which the person misrepresents as being pub lic 718
10681068 records information; or who materially alters public records 719
10691069 information with the intent to misrepresent the information, 720
10701070 including documents, summaries of public records information 721
10711071 provided by law enforcement agencies, or public records 722
10721072 information displayed by law enforcement agencies on websites or 723
10731073 provided through other means of communication, commits a 724
10741074 misdemeanor of the first degree, punishable as provided in s. 725
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10831083 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
10841084
10851085
10861086
10871087 775.082 or s. 775.083. 726
10881088 (9) PROSECUTIONS FOR ACTS OR OMISSIONS. —A career offender 727
10891089 who commits any act or omission in violation of this section, s. 728
10901090 944.608, or s. 944.609 may be prosecuted for the act or omission 729
10911091 in the county in which the act or omission was committed, the 730
10921092 county of the last registered address of the career offender, 731
10931093 the county in which the conviction occurred for the offense or 732
10941094 offenses that meet the criteria for designating a person as a 733
10951095 career offender, or in the county in which he or she was 734
10961096 designated a career offender. 735
10971097 (12)(10) PENALTIES FOR ASSISTING CAREER OFFENDER IN 736
10981098 NONCOMPLIANCE.—Any It is a misdemeanor of the first degree, 737
10991099 punishable as provided in s. 775.082 or s. 775.083, for a person 738
11001100 who has reason to believe that a career offender is not 739
11011101 complying, or has not complied, with the requirements of this 740
11021102 section and who, with the intent to assist the career offender 741
11031103 in eluding a law enforcement agency that is seeking to find the 742
11041104 career offender to question the career offender about, or to 743
11051105 arrest the career offender for, his or her noncompliance with 744
11061106 the requirements of this section, to: 745
11071107 (a) Withholds Withhold information from, or does not fail 746
11081108 to notify, the law enforcement agency about the career 747
11091109 offender's noncompliance with the requirements of this section , 748
11101110 and, if known, the whereabouts of the career offende r; 749
11111111 (b) Harbors Harbor or attempts attempt to harbor, or 750
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11211121
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11241124 assists assist another person in harboring or attempting to 751
11251125 harbor, the career offender; 752
11261126 (c) Conceals Conceal or attempts attempt to conceal, or 753
11271127 assists assist another person in concealing or atte mpting to 754
11281128 conceal, the career offender; or 755
11291129 (d) Provides Provide information to the law enforcement 756
11301130 agency regarding the career offender which the person knows to 757
11311131 be false information, 758
11321132 759
11331133 commits a felony of the third degree, punishable as provided in 760
11341134 s. 775.082, s. 775.083, or s. 775.084 . 761
11351135 Section 3. Section 944.608, Florida Statutes, is amended 762
11361136 to read: 763
11371137 944.608 Notification to Department of Law Enforcement of 764
11381138 information on career offenders. — 765
11391139 (1) As used in this section, the term : 766
11401140 (a) "Career offender" means a person who is in the custody 767
11411141 or control of, or under the supervision of, the department or is 768
11421142 in the custody or control of, or under the supervision of, a 769
11431143 private correctional facility, and who is designated as a 770
11441144 habitual violent felony offen der, a violent career criminal, or 771
11451145 a three-time violent felony offender under s. 775.084 or as a 772
11461146 prison releasee reoffender under s. 775.082(9). 773
11471147 (b) "Permanent residence" and "temporary residence" have 774
11481148 the same meaning as provided in s. 775.261. 775
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11571157 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
11581158
11591159
11601160
11611161 (c) "Vehicles owned" has the same meaning as provided in 776
11621162 s. 775.261. 777
11631163 (2) If a career offender is not sentenced to a term of 778
11641164 imprisonment, the clerk of the court shall ensure that the 779
11651165 career offender's fingerprints are taken and forwarded to the 780
11661166 Department of Law Enforcement within 48 hours after the court 781
11671167 sentences the career offender. The fingerprints shall be clearly 782
11681168 marked "Career Offender Registration." 783
11691169 (3) A career offender , as described in this section, who 784
11701170 is under the supervision of the department b ut is not 785
11711171 incarcerated shall must register with the department within 3 786
11721172 business days after sentencing and provide his or her name; date 787
11731173 of birth; social security number; race; sex gender; height; 788
11741174 weight; hair and eye color; tattoos or other identifying ma rks; 789
11751175 employment information required to be provided pursuant to s. 790
11761176 775.261; all home telephone numbers and cellular telephone 791
11771177 numbers required to be provided pursuant to s. 775.261; the 792
11781178 make, model, color, vehicle identification number (VIN), and 793
11791179 license tag number of all vehicles owned; and permanent or legal 794
11801180 residence and address of temporary residence within the state or 795
11811181 out of state while the career offender is under supervision in 796
11821182 this state, including any rural route address or post office 797
11831183 box; and address, location or description, and dates of any 798
11841184 current or known future temporary residence within this state or 799
11851185 out of state. The department shall verify the address of each 800
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11941194 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
11951195
11961196
11971197
11981198 career offender in the manner described in s. 775.261. The 801
11991199 department shall repo rt to the Department of Law Enforcement any 802
12001200 failure by a career offender to comply with any registration 803
12011201 requirements. 804
12021202 (4) In addition to notification and transmittal 805
12031203 requirements imposed by any other provision of law, the 806
12041204 department shall compile inform ation on any career offender and 807
12051205 provide the information to the Department of Law Enforcement. 808
12061206 The information shall be made available electronically to the 809
12071207 Department of Law Enforcement as soon as this information is in 810
12081208 the department's database and must be in a format that is 811
12091209 compatible with the requirements of the Florida Crime 812
12101210 Information Center. 813
12111211 (5) The information provided to the Department of Law 814
12121212 Enforcement must include: 815
12131213 (a) The information obtained from the career offender 816
12141214 under subsection (3); 817
12151215 (b) The career offender's most current address ; and place 818
12161216 of permanent or and temporary residence within this the state or 819
12171217 out of state; and address, location or description, and dates of 820
12181218 any current or known future temporary residence within this 821
12191219 state or out of state, while the career offender is under 822
12201220 supervision in this state, including the name of the county or 823
12211221 municipality in which the career offender permanently or 824
12221222 temporarily resides, and address, location or description, and 825
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12311231 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
12321232
12331233
12341234
12351235 dates of any current or known future temporary residence within 826
12361236 this state or out of state, and, if known, the intended place of 827
12371237 permanent or temporary residence , and address, location or 828
12381238 description, and dates of any current or known future temporary 829
12391239 residence within this st ate or out of state upon satisfaction of 830
12401240 all sanctions; 831
12411241 (c) The legal status of the career offender and the 832
12421242 scheduled termination date of that legal status; 833
12431243 (d) The location of, and local telephone number for, any 834
12441244 Department of Corrections' office that is responsible for 835
12451245 supervising the career offender; and 836
12461246 (e) A digitized photograph of the career offender, which 837
12471247 must have been taken within 60 days before the career offender 838
12481248 is released from the custody of the department or a private 839
12491249 correctional facility or within 60 days after the onset of the 840
12501250 department's supervision of any career offender who is on 841
12511251 probation, community control, conditional release, parole, 842
12521252 provisional release, or control release. If the career offender 843
12531253 is in the custody or control of, or under the supervision of, a 844
12541254 private correctional facility, the facility shall take a 845
12551255 digitized photograph of the career offender within the time 846
12561256 period provided in this paragraph and shall provide the 847
12571257 photograph to the department. 848
12581258 (6)(a) The department shall notify the Department of Law 849
12591259 Enforcement if the career offender escapes, absconds, or dies 850
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12681268 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
12691269
12701270
12711271
12721272 while in the custody or control of, or under the supervision of, 851
12731273 the department. 852
12741274 (b) If any information provided by the department changes 853
12751275 during the time the career offender is under the department's 854
12761276 custody, control, or supervision, including any change in the 855
12771277 career offender's name by reason of marriage or other legal 856
12781278 process, the department shall, in a timely manner, update the 857
12791279 information and provid e it to the Department of Law Enforcement 858
12801280 in the manner prescribed in subsection (4). 859
12811281 (7) If the career offender is in the custody of a local 860
12821282 jail, the custodian of the local jail shall notify the 861
12831283 Department of Law Enforcement within 3 business days afte r 862
12841284 intake of the offender for any reason and upon release, and 863
12851285 shall forward the information to the Department of Law 864
12861286 Enforcement. The custodian of the local jail shall also take a 865
12871287 digitized photograph of the career offender while the offender 866
12881288 remains in custody and shall provide the digitized photograph to 867
12891289 the Department of Law Enforcement. 868
12901290 (8) If the career offender is under federal supervision, 869
12911291 the federal agency responsible for supervising the career 870
12921292 offender may forward to the Department of Law Enforc ement any 871
12931293 information regarding the career offender which is consistent 872
12941294 with the information provided by the department under this 873
12951295 section, and may indicate whether use of the information is 874
12961296 restricted to law enforcement purposes only or may be used by 875
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13051305 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
13061306
13071307
13081308
13091309 the Department of Law Enforcement for purposes of public 876
13101310 notification. 877
13111311 (9)(7) A career offender, as described in this section, 878
13121312 who is under the supervision of the department but who is not 879
13131313 incarcerated shall, in addition to the registration requirements 880
13141314 provided in subsection (3), register in the manner provided in 881
13151315 s. 775.261(4)(d) s. 775.261(4)(c), unless the career offender is 882
13161316 a sexual predator, in which case he or she shall register as 883
13171317 required under s. 775.21, or is a sexual offender, in which case 884
13181318 he or she shall register as required in s. 943.0435 or s. 885
13191319 944.607. A career offender who fails to comply with all of the 886
13201320 requirements of s. 775.261 s. 775.261(4) is subject to the 887
13211321 penalties provided in s. 775.261(11) s. 775.261(8). 888
13221322 (10)(a)(8) The failure of a career offender to submit to 889
13231323 the taking of a digitized photograph, or to otherwise comply 890
13241324 with the requirements of this section, is a felony of the third 891
13251325 degree, punishable as provided in s. 775.082, s. 775.083, or s. 892
13261326 775.084. 893
13271327 (b) A career offender who commits any act or omission in 894
13281328 violation of this section may be prosecuted for the act or 895
13291329 omission in the county in which the act or omission was 896
13301330 committed, in the county of the last registered address of the 897
13311331 career offender, in the county in which the con viction occurred 898
13321332 for the offense or offenses that meet the criteria for 899
13331333 designating a person as a career offender, in the county in 900
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13421342 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
13431343
13441344
13451345
13461346 which he or she was designated a career offender, in the county 901
13471347 where the career offender was released from incarceration, o r in 902
13481348 the county of the intended address of the career offender as 903
13491349 reported by the offender before his or her release from 904
13501350 incarceration. 905
13511351 (c) An arrest on charges of failure to register when the 906
13521352 offender has been provided and advised of his or her statuto ry 907
13531353 obligations to register under s. 775.261, the service of an 908
13541354 information or a complaint for a violation of this section, or 909
13551355 an arraignment on charges for a violation of this section 910
13561356 constitutes actual notice of the duty to register. A career 911
13571357 offender's failure to register immediately as required by this 912
13581358 section following such arrest, service, or arraignment 913
13591359 constitutes grounds for a subsequent charge of failure to 914
13601360 register. A career offender charged with the crime of failure to 915
13611361 register who asserts, or in tends to assert, a lack of notice of 916
13621362 the duty to register as a defense to a charge of failure to 917
13631363 register shall register immediately as required by this section. 918
13641364 A career offender who is charged with a subsequent failure to 919
13651365 register may not assert the defe nse of a lack of notice of the 920
13661366 duty to register. 921
13671367 (d) Registration following such arrest, service, or 922
13681368 arraignment is not a defense and does not relieve the career 923
13691369 offender of criminal liability for the failure to register. 924
13701370 (11)(9) The department, the De partment of Highway Safety 925
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13791379 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
13801380
13811381
13821382
13831383 and Motor Vehicles, the Department of Law Enforcement, personnel 926
13841384 of those departments, and any individual or entity acting at the 927
13851385 request or upon the direction of those departments are immune 928
13861386 from civil liability for damages for good faith compliance with 929
13871387 this section, and shall be presumed to have acted in good faith 930
13881388 in compiling, recording, reporting, or providing information. 931
13891389 The presumption of good faith is not overcome if technical or 932
13901390 clerical errors are made by the departmen t, the Department of 933
13911391 Highway Safety and Motor Vehicles, the Department of Law 934
13921392 Enforcement, personnel of those departments, or any individual 935
13931393 or entity acting at the request or upon the direction of those 936
13941394 departments in compiling, recording, reporting, or p roviding 937
13951395 information, or, if the information is incomplete or incorrect 938
13961396 because the information has not been provided by a person or 939
13971397 agency required to provide the information, or because the 940
13981398 information was not reported or was falsely reported. 941
13991399 (12) A person who has reason to believe that a career 942
14001400 offender is not complying, or has not complied, with the 943
14011401 requirements of this section and who, with the intent to assist 944
14021402 the career offender in eluding a law enforcement agency that is 945
14031403 seeking to find the caree r offender to question the career 946
14041404 offender about, or to arrest the career offender for, his or her 947
14051405 noncompliance with the requirements of this section: 948
14061406 (a) Withholds information from, or does not notify, the 949
14071407 law enforcement agency about the career offend er's noncompliance 950
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14161416 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
14171417
14181418
14191419
14201420 with the requirements of this section, and, if known, the 951
14211421 whereabouts of the career offender; 952
14221422 (b) Harbors or attempts to harbor, or assists another 953
14231423 person in harboring or attempting to harbor, the career 954
14241424 offender; 955
14251425 (c) Conceals or att empts to conceal, or assists another 956
14261426 person in concealing or attempting to conceal, the career 957
14271427 offender; or 958
14281428 (d) Provides information to the law enforcement agency 959
14291429 regarding the career offender which the person knows to be false 960
14301430 information, 961
14311431 962
14321432 commits a felony of the third degree, punishable as provided in 963
14331433 s. 775.082, s. 775.083, or s. 775.084. This subsection does not 964
14341434 apply if the career offender is incarcerated in or is in the 965
14351435 custody of a state correctional facility, a private correctional 966
14361436 facility, a local jail, or a federal correctional facility. 967
14371437 Section 4. Section 944.609, Florida Statutes, is amended 968
14381438 to read: 969
14391439 944.609 Career offenders; notification upon release. — 970
14401440 (1) As used in this section, the term : 971
14411441 (a) "Career offender" means a person wh o is in the custody 972
14421442 or control of, or under the supervision of, the department or is 973
14431443 in the custody or control of, or under the supervision of a 974
14441444 private correctional facility, who is designated as a habitual 975
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14531453 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
14541454
14551455
14561456
14571457 violent felony offender, a violent career crimin al, or a three-976
14581458 time violent felony offender under s. 775.084 or as a prison 977
14591459 releasee reoffender under s. 775.082(9). 978
14601460 (b) "Permanent residence" and "temporary residence" have 979
14611461 the same meaning as provided in s. 775.261. 980
14621462 (c) "Vehicles owned" has the same meaning as provided in 981
14631463 s. 775.261. 982
14641464 (2) The Legislature finds that certain career offenders, 983
14651465 by virtue of their histories of offenses, present a threat to 984
14661466 the public and to communities. Career offenders have a reduced 985
14671467 expectation of privacy because of the public's interest in 986
14681468 public safety and in the effective operation of government. The 987
14691469 Legislature finds that requiring these career offenders to 988
14701470 register for the purpose of tracking the career offenders and 989
14711471 providing for notifying the public and a communit y of the 990
14721472 presence of a career offender are important aids to law 991
14731473 enforcement agencies, the public, and communities if the career 992
14741474 offender engages again in criminal conduct. Registration is 993
14751475 intended to aid law enforcement agencies in timely apprehending 994
14761476 a career offender. Registration is not a punishment, but merely 995
14771477 a status. Notification to the public and communities of the 996
14781478 presence of a career offender aids the public and communities in 997
14791479 avoiding being victimized by the career offender. The 998
14801480 Legislature intends to require the registration of career 999
14811481 offenders and to authorize law enforcement agencies to notify 1000
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14901490 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
14911491
14921492
14931493
14941494 the public and communities of the presence of a career offender. 1001
14951495 (3)(a) The department must provide information regarding 1002
14961496 any career offender who is b eing released after serving a period 1003
14971497 of incarceration for any offense, as follows: 1004
14981498 1. The department must provide the career offender's name, 1005
14991499 any change in the career offender's name by reason of marriage 1006
15001500 or other legal process, and any alias, if known; the 1007
15011501 correctional facility from which the career offender is 1008
15021502 released; the career offender's social security number, race, 1009
15031503 sex gender, date of birth, height, weight, and hair and eye 1010
15041504 color; address of any planned permanent residence or temporary 1011
15051505 residence, within this state or out of state, including a rural 1012
15061506 route address and a post office box; address, location or 1013
15071507 description, and dates of any current or known future temporary 1014
15081508 residence within this state or out of state; date and county of 1015
15091509 sentence and each crime for which the career offender was 1016
15101510 sentenced; a copy of the career offender's fingerprints , palm 1017
15111511 prints, and a digitized photograph taken within 60 days before 1018
15121512 release; the date of release of the career offender; employment 1019
15131513 information, if known, req uired to be provided pursuant to s. 1020
15141514 775.261; and all home telephone numbers and cellular telephone 1021
15151515 numbers required to be provided pursuant to s. 775.261 and the 1022
15161516 career offender's intended residence address, if known . The 1023
15171517 department shall notify the Depart ment of Law Enforcement if the 1024
15181518 career offender escapes, absconds, or dies. If the career 1025
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15271527 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
15281528
15291529
15301530
15311531 offender is in the custody of a private correctional facility, 1026
15321532 the facility shall take the digitized photograph of the career 1027
15331533 offender within 60 days before the career offender's release and 1028
15341534 provide this photograph to the Department of Corrections and 1029
15351535 also place it in the career offender's file. If the career 1030
15361536 offender is in the custody of a local jail, the custodian of the 1031
15371537 local jail shall notify the Department of Law E nforcement within 1032
15381538 3 business days after intake of the offender for any reason and 1033
15391539 upon of the career offender's release, and provide to the 1034
15401540 Department of Law Enforcement the information specified in this 1035
15411541 paragraph and any information specified in subparagr aph 2. which 1036
15421542 the Department of Law Enforcement requests. 1037
15431543 2. The department may provide any other information deemed 1038
15441544 necessary, including criminal and corrections records and 1039
15451545 nonprivileged personnel and treatment records, when available. 1040
15461546 (b) The department must provide the information described 1041
15471547 in subparagraph (a)1. to: 1042
15481548 1. The sheriff of the county from where the career 1043
15491549 offender was sentenced; 1044
15501550 2. The sheriff of the county and, if applicable, the 1045
15511551 police chief of the municipality, where the care er offender 1046
15521552 plans to reside; 1047
15531553 3. The Department of Law Enforcement; 1048
15541554 4. When requested, the victim of the offense, the victim's 1049
15551555 parent or legal guardian if the victim is a minor, the lawful 1050
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15641564 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
15651565
15661566
15671567
15681568 representative of the victim or of the victim's parent or 1051
15691569 guardian if the victim is a minor, or the next of kin if the 1052
15701570 victim is a homicide victim; and 1053
15711571 5. Any person who requests such information, 1054
15721572 1055
15731573 either within 6 months prior to the anticipated release of a 1056
15741574 career offender, or as soon as possible if a career offende r is 1057
15751575 released earlier than anticipated. All such information provided 1058
15761576 to the Department of Law Enforcement must be available 1059
15771577 electronically as soon as the information is in the agency's 1060
15781578 database and must be in a format that is compatible with the 1061
15791579 requirements of the Florida Crime Information Center. 1062
15801580 (c) Upon request, the department must provide the 1063
15811581 information described in subparagraph (a)2. to: 1064
15821582 1. The sheriff of the county from where the career 1065
15831583 offender was sentenced; and 1066
15841584 2. The sheriff of the county and, if applicable, the 1067
15851585 police chief of the municipality, where the career offender 1068
15861586 plans to reside, 1069
15871587 1070
15881588 either within 6 months prior to the anticipated release of a 1071
15891589 career offender, or as soon as possible if a career offender is 1072
15901590 released earlier than antici pated. 1073
15911591 (d) Upon receiving information regarding a career offender 1074
15921592 from the department, the Department of Law Enforcement, the 1075
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16011601 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
16021602
16031603
16041604
16051605 sheriff, or the chief of police shall provide the information 1076
16061606 described in subparagraph (a)1. to any individual who requests 1077
16071607 such information and may release the information to the public 1078
16081608 in any manner deemed appropriate, unless the information is 1079
16091609 confidential or exempt from s. 119.07(1) and s. 24(a), Art. I of 1080
16101610 the State Constitution. 1081
16111611 (4) This section authorizes the department or any law 1082
16121612 enforcement agency to may notify the community and the public of 1083
16131613 a career offender's presence in the community. However, with 1084
16141614 respect to a career offender who has been found to be a sexual 1085
16151615 predator under s. 775.21, the Department of Law Enforcemen t or 1086
16161616 any other law enforcement agency must inform the community and 1087
16171617 the public of the sexual predator's career offender's presence 1088
16181618 in the community, as provided in s. 775.21. 1089
16191619 (5) An elected or appointed official, public employee, 1090
16201620 school administrator or employee, or agency, or any individual 1091
16211621 or entity acting at the request or upon the direction of any law 1092
16221622 enforcement agency, is immune from civil liability for damages 1093
16231623 resulting from the good faith compliance with the requirements 1094
16241624 of this section or the rel ease of information under this 1095
16251625 section. 1096
16261626 Section 5. For the purpose of incorporating the amendment 1097
16271627 made by this act to section 775.261, Florida Statutes, in a 1098
16281628 reference thereto, subsection (4) of section 320.02, Florida 1099
16291629 Statutes, is reenacted to read: 1100
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16381638 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
16391639
16401640
16411641
16421642 320.02 Registration required; application for 1101
16431643 registration; forms. — 1102
16441644 (4) Except as provided in ss. 775.21, 775.261, 943.0435, 1103
16451645 944.607, and 985.4815, the owner of any motor vehicle registered 1104
16461646 in the state shall notify the department in writing of any 1105
16471647 change of address within 30 days of such change. The 1106
16481648 notification shall include the registration license plate 1107
16491649 number, the vehicle identification number (VIN) or title 1108
16501650 certificate number, year of vehicle make, and the owner's full 1109
16511651 name. 1110
16521652 Section 6. For the purpose of incorporating the amendment 1111
16531653 made by this act to section 775.261, Florida Statutes, in a 1112
16541654 reference thereto, subsection (1) of section 322.19, Florida 1113
16551655 Statutes, is reenacted to read: 1114
16561656 322.19 Change of address or name. — 1115
16571657 (1) Except as provided in ss. 775.21, 775.261, 943.0435, 1116
16581658 944.607, and 985.4815, whenever any person, after applying for 1117
16591659 or receiving a driver license or identification card, changes 1118
16601660 his or her legal name, that person must within 30 days 1119
16611661 thereafter obtain a replacement license or c ard that reflects 1120
16621662 the change. 1121
16631663 Section 7. For the purpose of incorporating the amendments 1122
16641664 made by this act to sections 775.261 and 944.609, Florida 1123
16651665 Statutes, in references thereto, subsection (4) of section 1124
16661666 775.13, Florida Statutes, is reenacted to read : 1125
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16751675 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
16761676
16771677
16781678
16791679 775.13 Registration of convicted felons, exemptions; 1126
16801680 penalties.— 1127
16811681 (4) This section does not apply to an offender: 1128
16821682 (a) Who has had his or her civil rights restored; 1129
16831683 (b) Who has received a full pardon for the offense for 1130
16841684 which convicted; 1131
16851685 (c) Who has been lawfully released from incarceration or 1132
16861686 other sentence or supervision for a felony conviction for more 1133
16871687 than 5 years prior to such time for registration, unless the 1134
16881688 offender is a fugitive from justice on a felony charge or has 1135
16891689 been convicted of any offense since release from such 1136
16901690 incarceration or other sentence or supervision; 1137
16911691 (d) Who is a parolee or probationer under the supervision 1138
16921692 of the United States Parole Commission if the commission knows 1139
16931693 of and consents to the presence of the offender in Fl orida or is 1140
16941694 a probationer under the supervision of any federal probation 1141
16951695 officer in the state or who has been lawfully discharged from 1142
16961696 such parole or probation; 1143
16971697 (e) Who is a sexual predator and has registered as 1144
16981698 required under s. 775.21; 1145
16991699 (f) Who is a sexual offender and has registered as 1146
17001700 required in s. 943.0435 or s. 944.607; or 1147
17011701 (g) Who is a career offender who has registered as 1148
17021702 required in s. 775.261 or s. 944.609. 1149
17031703 Section 8. This act shall take effect October 1, 2024. 1150