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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
A bill to be entitled 1
An act relating to career offenders; amending s. 2
322.141, F.S.; requiring that all licenses for the 3
operation of motor vehicles or identification cards 4
issued or reissued by the Department of Highway Safety 5
and Motor Vehicles to persons designated as caree r 6
offenders subject to registration under specified 7
provisions have a specified marking on the front of 8
the cards; requiring each career offender to report to 9
the department during his or her birth month to obtain 10
an updated or renewed driver license or id entification 11
cars unless previously secured or updated; making 12
technical changes; amending s. 775.261, F.S.; revising 13
the definitions of the terms "permanent residence" and 14
"temporary residence"; defining the term "vehicles 15
owned"; revising the criteria fo r having to register 16
as a career offender; revising the required actions 17
and the required information that a career offender 18
must provide upon registration; requiring the 19
sheriff's office to promptly provide to the Department 20
of Law Enforcement specified d ata and information 21
received from the career offender; revising timeframes 22
within which a career offender is required to report 23
to a driver license office of the Department of 24
Highway Safety and Motor Vehicles or report directly 25
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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
to the department; providin g an exception; revising 26
requirements that a career offender must comply with 27
at the driver license office; requiring that, if a 28
career offender is in the custody of a local jail, the 29
custodian of the local jail notify the Department of 30
Law Enforcement within a specified timeframe after 31
intake of the career offender for any reason and upon 32
release; requiring the custodian to take a digitized 33
photograph of the career offender and provide the 34
photograph to the department; requiring a career 35
offender to report in person to a driver license 36
office within a specified timeframe after any change 37
in the career offender's permanent or temporary 38
residence; requiring the Department of Highway Safety 39
and Motor Vehicles to forward to the Department of Law 40
Enforcement all photographs and information provided 41
by a career offender; authorizing the department to 42
release license reproductions to the department for 43
the purpose of public notification; requiring a career 44
offender to report in person to the sheriff's office 45
after specified occurrences; providing criminal 46
penalties; revising reporting requirements and 47
applicable timeframes that a career offender must 48
comply with if he or she intends to establish a 49
permanent or temporary residence or to travel; 50
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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
requiring county and l ocal law enforcement agencies, 51
in conjunction with the Department of Law Enforcement, 52
to, at a minimum, annually verify the addresses of 53
certain career offenders; authorizing county and local 54
law enforcement agencies, in conjunction with the 55
Department of Law Enforcement, to annually verify the 56
addresses of certain career offenders; requiring 57
county and local law enforcement agencies to report to 58
the department any failures by career offenders to 59
register; requiring that the department receive notice 60
of petitions for the removal of the requirement for 61
registration as career offenders within a specified 62
timeframe before a hearing on the petition; 63
authorizing the department to present evidence in 64
opposition to the requested relief or otherwise 65
demonstrate reasons to deny the petition; authorizing, 66
rather than requiring, the department to maintain 67
online computer access to the current information 68
regarding each registered career offender; revising 69
the list of requirements for which failure of a career 70
offender to comply constitutes a criminal offense; 71
specifying that each instance of a failure to register 72
or report changes to specified required information 73
constitutes a separate offense; expanding the 74
jurisdictions under which career offender may be 75
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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
prosecuted for violations of specified acts or 76
omissions; specifying circumstances which constitute 77
actual notice for a career offender of the duty to 78
register; increasing the criminal penalties for 79
existing prohibited acts relating to assisting career 80
offenders in noncompliance with specified requirements 81
or withholding or providing false information to law 82
enforcement agencies; conforming provisions to changes 83
made by the act; making technical changes; amending s. 84
944.608, F.S.; defining terms; providing a timeframe 85
under which certain career offenders are required to 86
register with the Department of Corrections and 87
provide specified information; requiring the 88
department to report to the Department of Law 89
Enforcement any failures by career offenders to 90
register; revising the information that the Department 91
of Corrections must provide to the Department of Law 92
Enforcement; requiring that, if a career offender is 93
in the custody of a local jail, the custodian of the 94
local jail notify the Department of Law Enforcement 95
within a specified timeframe after intake of the 96
career offender for any reason and upon release; 97
requiring the custodian to take a digitized photograph 98
of the career offender and provide the photograph to 99
the department; authorizing the supervising federal 100
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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
agency to forward certain information to the 101
Department of Law Enforcement if a career offender is 102
under federal supervision and to indicate whether use 103
of the information is subject to certain restrictions; 104
specifying the jurisdictions under which a career 105
offender may be prosecuted for violations of specified 106
acts or omissions; specifying circumstances which 107
constitute actual notice for a career offender of the 108
duty to register; providing criminal penalties for 109
committing specified prohibited acts relating to 110
assisting career offenders in noncompliance with 111
specified requirements or withholding or providing 112
false information to law enforcement agencies; 113
providing applicability; conforming cross -references; 114
making technical changes; amending s. 944.609, F.S.; 115
defining terms; revising legislative findings; 116
revising the information that the Department of 117
Corrections is required to provide regarding career 118
offenders being released after serving periods of 119
incarceration for any offense; specifying a timeframe 120
under which the custodian of a local jail must notify 121
the Department of Law Enforcement after intake of a 122
career offender for any reason and upon release; 123
making technical and clarifying changes; reenacting 124
ss. 320.02(4) and 322.19(1), F.S., relating to 125
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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
registration required and application for 126
registration, and forms and change of address or name, 127
respectively, to incorporate the amendment made to s. 128
775.261, F.S., in references thereto; reenacting s. 129
775.13(4), F.S., relating to registration of convicted 130
felons, exemptions, and penalties, to incorporate the 131
amendment made to ss. 775.261 and 944.609, F.S., in 132
references thereto; providing an effective date. 133
134
Be It Enacted by the Legislature of the State of Florida: 135
136
Section 1. Subsections (3) and (4) of se ction 322.141, 137
Florida Statutes, are amended to read: 138
322.141 Color or markings of certain licenses or 139
identification cards. — 140
(3) All licenses for the operation of motor vehicles or 141
identification cards originally issued or reissued by the 142
department to persons who are designated as sexual predators 143
under s. 775.21, who are or subject to registration as sexual 144
offenders under s. 943.0435 or s. 944.607, who are designated as 145
career offenders under s. 775.261 or s. 944.608, or who have a 146
similar designation or are subject to a similar registration 147
under the laws of another jurisdiction, shall have on the front 148
of the license or identification card the following: 149
(a) For a person designated as a sexual predator under s. 150
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775.21 or who has a similar designa tion under the laws of 151
another jurisdiction, the marking "SEXUAL PREDATOR." 152
(b) For a person subject to registration as a sexual 153
offender under s. 943.0435 or s. 944.607, or subject to a 154
similar registration under the laws of another jurisdiction, the 155
marking "943.0435, F.S." 156
(c) For a person subject to registration as a career 157
offender under s. 775.261 or s. 944.608, the marking "CAREER 158
OFFENDER." 159
(4)(a) Unless previously secured or updated, each sexual 160
offender and sexual predator shall report to th e department 161
during the month of his or her reregistration as required under 162
s. 775.21(8), s. 943.0435(14), or s. 944.607(13) in order to 163
obtain an updated or renewed driver license or identification 164
card as required by subsection (3). 165
(b) Unless previously secured or updated, each career 166
offender shall report to the department during the month of his 167
or her birth in order to obtain an updated or renewed driver 168
license or identification card as required by subsection (3). 169
Section 2. Section 775.261, F lorida Statutes, is amended 170
to read: 171
775.261 The Florida Career Offender Registration Act. — 172
(1) SHORT TITLE.—This section may be cited as "The Florida 173
Career Offender Registration Act." 174
(2) DEFINITIONS.—As used in this section, the term: 175
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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
(a) "Career offender" means any person who is designated 176
as a habitual violent felony offender, a violent career 177
criminal, or a three -time violent felony offender under s. 178
775.084 or as a prison releasee reoffender under s. 775.082(9). 179
(b) "Chief of police" means the chief law enforcement 180
officer of a municipality. 181
(c) "Community" means any county where the career offender 182
lives or otherwise establishes or maintains a permanent or 183
temporary or permanent residence. 184
(d) "Department" means the Department of Law Enforcement. 185
(e) "Entering the county" includes being discharged from a 186
correctional facility, jail, or secure treatment facility within 187
the county or being under supervision within the county with a 188
career-offender designation as specified in paragr aph (a). 189
(f) "Permanent residence" means a place where the career 190
offender abides, lodges, or resides for 5 14 or more consecutive 191
days. For the purpose of calculating a permanent residence under 192
this paragraph, the first day that a person abides, lodges , or 193
resides at a place is excluded and each subsequent day is 194
counted. A day includes any part of a calendar day. 195
(g) "Temporary residence" means : 196
1. a place where the career offender abides, lodges, or 197
resides, including, but not limited to, vacation , business, or 198
personal travel destinations in or out of this state for a 199
period of 5 14 or more days in the aggregate during any calendar 200
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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
year and which is not the career offender's permanent residence, 201
or for a career offender whose permanent residence i s not in 202
this state, a place where the career offender is employed, 203
practices a vocation, or is enrolled as a student for any period 204
of time in this state. For the purpose of calculating a 205
temporary residence under this paragraph, the first day that a 206
person abides, lodges, or resides at a place is excluded and 207
each subsequent day is counted. A day includes any part of a 208
calendar day address; 209
2. For a career offender whose permanent residence is not 210
in this state, a place where the career offender is empl oyed, 211
practices a vocation, or is enrolled as a student for any period 212
of time in this state; or 213
3. A place where the career offender routinely abides, 214
lodges, or resides for a period of 4 or more consecutive or 215
nonconsecutive days in any month and which is not the career 216
offender's permanent residence, including any out -of-state 217
address. 218
(h) "Vehicles owned" means any motor vehicle as defined in 219
s. 320.01 which is registered, co -registered, leased, titled, or 220
rented by a career offender; a rented vehic le that a career 221
offender is authorized to drive; or a vehicle for which a career 222
offender is insured as a driver. The term also includes any 223
motor vehicle as defined in s. 320.01 which is registered, co -224
registered, leased, titled, or rented by a person or persons 225
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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
residing at a career offender's permanent residence for 5 or 226
more consecutive days. 227
(3) CRITERIA FOR REGISTRATION AS A CAREER OFFENDER. — 228
(a) A career offender released on or after July 1, 2002, 229
from a sanction imposed in this state must regist er as required 230
under this section subsection (4) and is subject to community 231
and public notification as provided under subsection (9) 232
subsection (5). If no sanction is imposed, the person is deemed 233
to be released upon conviction. For purposes of this secti on, a 234
sanction imposed in this state means includes, but is not 235
limited to, a fine, probation, community control, parole, 236
conditional release, control release, or incarceration in a 237
state prison, federal prison, private correctional facility, or 238
local detention facility, and: 239
1. The career offender has not received a pardon for any 240
felony or other qualified offense that is necessary for the 241
operation of this paragraph; or 242
2. A conviction of a felony or other qualified offense 243
necessary to the operation of this paragraph has not been set 244
aside in any postconviction proceeding. 245
(b) This section does not apply to any person who has been 246
designated as a sexual predator and is required to register 247
under s. 775.21 or who is required to register as a sexual 248
offender under s. 943.0435 or s. 944.607. However, if a person 249
is no longer required to register as a sexual predator under s. 250
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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
775.21 or as a sexual offender under s. 943.0435 or s. 944.607, 251
the person must register as a career offender under this section 252
if the person is otherwise designated as a career offender as 253
provided in this section. 254
(c) A person subject to registration as a career offender 255
is not subject to registration as a convicted felon under s. 256
775.13. However, if the person is no longer requ ired to register 257
as a career offender under this section, the person must 258
register under s. 775.13 if required to do so under that 259
section. 260
(d) If a career offender is not sentenced to a term of 261
imprisonment, the clerk of the court shall ensure that the 262
career offender's fingerprints are taken and forwarded to the 263
department within 48 hours after the court renders its finding 264
that an offender is a career offender. The fingerprints shall be 265
clearly marked, "Career Offender Registration." 266
(4) REGISTRATION.—Upon registration, a career offender 267
shall: 268
(a) Report in person at A career offender must register 269
with the department by providing the following information to 270
the department, or to the sheriff's office in the county in 271
which the career offender esta blishes or maintains a permanent 272
or temporary residence, within 48 hours 2 working days after 273
establishing a permanent or temporary residence in this state , 274
or within 48 hours 2 working days after being released from the 275
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custody, control, or supervision of the Department of 276
Corrections or from the custody of a private correctional 277
facility or local detention facility. : 278
(b)1. Provide his or her name; date of birth;, social 279
security number;, age;, race; sex;, gender, date of birth, 280
height;, weight;, hair and eye color; fingerprints; palm 281
prints;, photograph; employment information; , address of 282
permanent or legal residence and address of any current 283
temporary residence within the state or out of state, including 284
a rural route address and or a post office box; address, 285
location or description, and dates of any current or known 286
future temporary residence within this state or out of state; 287
the make, model, color, vehicle identification number (VIN), and 288
license tag number of all vehicles owned; home telephone numbers 289
and cellular telephone numbers; , date and place of any 290
employment, date and place of each conviction ;, fingerprints, 291
and a brief description of the crime or crimes committed by the 292
career offender. A career offender may not provide a post office 293
box may not be provided in lieu of a physical residential 294
address. If the career offender's place of residence is a motor 295
vehicle, trailer, mobile home, or manufactured home, as those 296
terms are defined in chapter 320, the care er offender shall also 297
provide to the department through the sheriff's office written 298
notice of the vehicle identification number (VIN); the license 299
tag number; the registration number; and a description, 300
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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
including color scheme, of the motor vehicle, trail er, mobile 301
home, or manufactured home. If a career offender's place of 302
residence is a vessel, live -aboard vessel, or houseboat, as 303
those terms are defined in chapter 327, the career offender 304
shall also provide to the department through the sheriff's 305
office written notice of the hull identification number; the 306
manufacturer's serial number; the name of the vessel, live -307
aboard vessel, or houseboat; the registration number of the 308
vessel, live-aboard vessel, or houseboat ; and a description, 309
including color schem e, of the vessel, live -aboard vessel, or 310
houseboat. 311
(c)2. Provide any other information determined necessary 312
by the department, including criminal and corrections records; 313
nonprivileged personnel and treatment records; and evidentiary 314
genetic markers, when available. 315
(b) When If a career offender registers with the sheriff's 316
office, the sheriff shall take a photograph , and a set of 317
fingerprints, and palm prints of the career offender and forward 318
the photographs, and fingerprints, and palm prints to the 319
department, along with the information that the career offender 320
is required to provide pursuant to this section. The sheriff 321
shall promptly provide to the department the information 322
received from the career offender. 323
(d)(c) Within 48 hours 2 working days after the reporting 324
registration required under this subsection paragraph (a), a 325
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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
career offender who is not incarcerated and who resides in the 326
community, including a career offender under the supervision of 327
the Department of Corrections pursuant to s. 94 4.608, shall 328
report register in person at a driver license office of the 329
Department of Highway Safety and Motor Vehicles , unless a driver 330
license or identification card that complies with s. 322.141(3) 331
was previously secured or updated under s. 944.608 and shall 332
present proof of registration . At the driver license office, the 333
career offender shall: 334
1. If otherwise qualified, secure a Florida driver 335
license, renew a Florida driver license, or secure an 336
identification card. The career offender shall identif y himself 337
or herself as a career offender who is required to comply with 338
this section and shall provide proof that the career offender 339
reported as required in this subsection. The career offender 340
shall provide any of the information specified in this 341
subsection, if requested. The career offender shall submit to 342
the taking of a photograph for use in issuing a driver license, 343
renewed license, or identification card, and for use by the 344
department in maintaining current records of career offenders , 345
provide his or her place of permanent or temporary residence, 346
including a rural route address or a post office box, and submit 347
to the taking of a photograph for use in issuing a driver 348
license, renewed license, or identification card, and for use by 349
the department in maintaining current records of career 350
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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
offenders. The career offender may not provide a post office box 351
in lieu of a physical residential address. If the career 352
offender's place of residence is a motor vehicle, trailer, 353
mobile home, or manufactured home, as defined in chapter 320, 354
the career offender shall also provide to the Department of 355
Highway Safety and Motor Vehicles the vehicle identification 356
number; the license tag number; the motor vehicle registration 357
number; and a description, including color sche me, of the motor 358
vehicle, trailer, mobile home, or manufactured home. If a career 359
offender's place of residence is a vessel, live -aboard vessel, 360
or houseboat, as defined in chapter 327, the career offender 361
shall also provide to the Department of Highway Sa fety and Motor 362
Vehicles the hull identification number; the manufacturer's 363
serial number; the name of the vessel, live -aboard vessel, or 364
houseboat; the registration number; and a description, including 365
color scheme, of the vessel, live -aboard vessel, or ho useboat. 366
2. Pay the costs assessed by the Department of Highway 367
Safety and Motor Vehicles for issuing or renewing a driver 368
license or identification card as required by this section. The 369
driver license or identification card issued must be in 370
compliance with s. 322.141(3). 371
3. Provide, upon request, any additional information 372
necessary to confirm the identity of the career offender, 373
including a set of fingerprints. 374
(e) A career offender shall report in person to a driver 375
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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
license office and is subject t o the requirements specified in 376
this subsection: 377
1.(d) Each time a career offender's driver license or 378
identification card is subject to renewal ; and 379
2. Without regard to the status of the offender's driver 380
license or identification card , and within 48 hours 2 working 381
days after any change of the career offender's residence or 382
change in the career offender's name by reason of marriage or 383
other legal process, the career offender must report in person 384
to a driver license office, and shall be subject to th e 385
requirements specified in paragraph (c) . 386
(f) The Department of Highway Safety and Motor Vehicles 387
shall forward to the department and to the Department of 388
Corrections all photographs and information provided by career 389
offenders. Notwithstanding the rest rictions set forth in s. 390
322.142, the Department of Highway Safety and Motor Vehicles may 391
release a reproduction of a color -photograph or digital -image 392
license to the department for purposes of public notification of 393
career offenders as provided in this se ction and ss. 775.26 and 394
944.609. 395
(g) A career offender who is unable to secure or update a 396
driver license or an identification card with the Department of 397
Highway Safety and Motor Vehicles as provided in this subsection 398
shall also report any change in t he career offender's name by 399
reason of marriage or other legal process within 48 hours after 400
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the change to the sheriff's office in the county where the 401
offender resides or is located and provide confirmation that he 402
or she reported such information to the Department of Highway 403
Safety and Motor Vehicles. The reporting requirements under this 404
paragraph do not negate the requirement for a career offender to 405
obtain a Florida driver license or an identification card as 406
required in this section. 407
(h) If the career offender is in the custody of a local 408
jail, the custodian of the local jail shall notify the 409
department within 3 business days after intake of the career 410
offender for any reason and upon release. The custodian of the 411
local jail shall also take a digitiz ed photograph of the career 412
offender while the career offender remains in custody and shall 413
provide the digitized photograph to the department. The 414
custodian shall notify the department if the career offender 415
escapes from custody or dies. 416
(e) If the career offender registers at an office of the 417
department, the department must notify the sheriff and, if 418
applicable, the police chief of the municipality, where the 419
career offender maintains a residence within 48 hours after the 420
career offender registers with the department. 421
(5) ESTABLISHING A RESIDENCE WITHIN THIS STATE AFTER 422
REGISTRATION.— 423
(a) A career offender shall report in person to a driver 424
license office and is subject to the requirements specified in 425
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subsection (4): 426
1. Each time a career offender 's driver license or 427
identification card is subject to renewal; and 428
2. Without regard to the status of the offender's driver 429
license or identification card, within 48 hours after any change 430
in the offender's permanent or temporary residence. 431
(b) The Department of Highway Safety and Motor Vehicles 432
shall forward to the department and to the Department of 433
Corrections all photographs and information provided by career 434
offenders. Notwithstanding the restrictions set forth in s. 435
322.142, the Department of Hig hway Safety and Motor Vehicles may 436
release a reproduction of a color -photograph or digital -image 437
license to the department for purposes of public notification of 438
career offenders as provided in this section and ss. 775.26 and 439
944.609. 440
(c) A career offend er who is unable to secure or update a 441
driver license or an identification card with the Department of 442
Highway Safety and Motor Vehicles as provided in subsection (4) 443
and this subsection shall also report any change in the career 444
offender's permanent or te mporary residence within 48 hours 445
after the change to the sheriff's office in the county where the 446
offender resides or is located and provide confirmation that he 447
or she reported such information to the Department of Highway 448
Safety and Motor Vehicles. The reporting requirements under this 449
paragraph do not negate the requirement for a career offender to 450
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obtain a Florida driver license or an identification card as 451
required in this section. 452
(d) A career offender who vacates a permanent or temporary 453
residence and fails to establish or maintain another permanent 454
or temporary residence shall, within 48 hours after vacating the 455
permanent or temporary residence, report in person to the 456
sheriff's office of the county in which he or she is located. 457
The career offender shall specify the date upon which he or she 458
intends to or did vacate such residence. The career offender 459
must provide or update all of the registration information 460
required under paragraph (4)(b). The career offender must 461
provide an address for the resi dence or other place where he or 462
she is or will be located during the time in which he or she 463
fails to establish or maintain a permanent or temporary 464
residence. 465
(e) A career offender who remains at a permanent or 466
temporary residence after reporting his o r her intent to vacate 467
such residence shall, within 48 hours after the date upon which 468
the offender indicated he or she would or did vacate such 469
residence, report in person to the agency to which he or she 470
reported pursuant to paragraph (d) for the purpose of reporting 471
his or her address at such residence. When the sheriff receives 472
the report, the sheriff shall promptly convey the information to 473
the department. An offender who makes a report as required under 474
paragraph (d) but fails to make a report as requ ired under this 475
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paragraph commits a felony of the second degree, punishable as 476
provided in s. 775.082, s. 775.083, or s. 775.084. 477
(6) ESTABLISHING A NON -FLORIDA RESIDENCE.— 478
(a)(f) A career offender who intends to establish a 479
permanent or temporary residence in another state or 480
jurisdiction other than the State of Florida shall report in 481
person to the sheriff of the county of current residence at 482
least 48 hours or the department within 2 working days before 483
the date he or she intends to leave this state to establish 484
residence in another state or jurisdiction other than the State 485
of Florida. Any travel that is not known by the career offender 486
48 hours before he or she intends to establish a residence in 487
another state or jurisdiction must be reported in per son to the 488
sheriff's office as soon as possible before departure. If the 489
career offender is under the supervision of the Department of 490
Corrections, the career offender shall notify the supervising 491
probation officer of his or her intent to transfer supervis ion, 492
satisfy all transfer requirements pursuant to the Interstate 493
Compact for Supervision of Adult Offenders, as provided in s. 494
949.07, and abide by the decision of the receiving jurisdiction 495
to accept or deny transfer. The career offender must provide to 496
the sheriff or department the address, municipality, county, and 497
state or jurisdiction of intended residence. The sheriff shall 498
promptly provide to the department the information received from 499
the career offender. The failure of a career offender to provid e 500
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his or her intended place of residence is punishable as provided 501
in subsection (11) subsection (8). 502
(b)(g) A career offender who indicates his or her intent 503
to establish a permanent or temporary residence reside in 504
another a state or jurisdiction other than the State of Florida 505
and later decides to remain in this state shall, within 48 hours 506
2 working days after the date upon which the career offender 507
indicated he or she would leave this state, report in person to 508
the sheriff's office sheriff or the department, whichever agency 509
is the agency to which the career offender reported the intended 510
change of permanent or temporary residence and report, of his or 511
her intent to remain in this state. If the sheriff is notified 512
by the career offender that he or she intends to remain in this 513
state, The sheriff shall promptly report this information to the 514
department. A career offender who reports his or her intent to 515
establish a permanent or temporary residence reside in another a 516
state or jurisdiction other than the State of Florida, but who 517
remains in this state without reporting to the sheriff or the 518
department in the manner required by this subsection paragraph, 519
commits a felony of the second degree, punishable as provided in 520
s. 775.082, s. 775.083, or s. 775.084. 521
(h)1. The department shall maintain online computer access 522
to the current information regarding each registered career 523
offender. The department must maintain hotline access so that 524
state, local, and federal law enforcement ag encies may obtain 525
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instantaneous locator file and criminal characteristics 526
information on release and registration of career offenders for 527
purposes of monitoring, tracking, and prosecution. The 528
photograph and fingerprints need not be stored in a computerize d 529
format. 530
2. The department's career offender registration list, 531
containing the information described in subparagraph (a)1., is a 532
public record. The department may disseminate this public 533
information by any means deemed appropriate, including operating 534
a toll-free telephone number for this purpose. When the 535
department provides information regarding a career offender to 536
the public, department personnel must advise the person making 537
the inquiry that positive identification of a person believed to 538
be a career offender cannot be established unless a fingerprint 539
comparison is made, and that it is illegal to use public 540
information regarding a career offender to facilitate the 541
commission of a crime. 542
3. The department shall adopt guidelines as necessary 543
regarding the registration of a career offender and the 544
dissemination of information regarding a career offender as 545
required by this section. 546
(7) VERIFICATION.—County and local law enforcement 547
agencies, in conjunction with the department, shall, at a 548
minimum, annually verify the addresses of career offenders who 549
are not under the care, custody, control, or supervision of the 550
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Department of Corrections, and may verify the addresses of 551
career offenders who are under the care, custody, control, or 552
supervision of the Department of Corrections. Local law 553
enforcement agencies shall report to the department any failure 554
by a career offender to comply with registration requirements. 555
(8)(i) RELIEF FROM REGISTRATION. —A career offender must 556
maintain registration with the dep artment for the duration of 557
his or her life, unless the career offender has received a full 558
pardon or has had a conviction set aside in a postconviction 559
proceeding for any offense or offenses that meet meets the 560
criteria for classifying the person as a car eer offender for 561
purposes of registration. However, a registered career offender 562
shall be considered for removal of the requirement to register 563
as a career offender only if he or she who has been lawfully 564
released from confinement, supervision, or sanction , whichever 565
is later, for at least 20 years and has not been arrested for 566
any felony or misdemeanor offense since release . 567
(a) If the career offender meets the criteria in this 568
subsection, the career offender may, for the purpose of removing 569
the requirement for registration as a career offender, petition 570
the criminal division of the circuit court of the circuit in 571
which the registered career offender resides for the purpose of 572
removing the requirement for registration as a career offender. 573
(b) The court may grant or deny such relief if the 574
registered career offender demonstrates to the court that he or 575
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she has not been arrested for any crime since release and the 576
court is otherwise satisfied that the registered career offender 577
is not a current or potenti al threat to public safety. The 578
department and the state attorney in the circuit in which the 579
petition is filed must be given notice of the petition at least 580
3 weeks before the hearing on the matter. The department and the 581
state attorney may present eviden ce in opposition to the 582
requested relief or may otherwise demonstrate the reasons why 583
the petition should be denied. If the court denies the petition, 584
the court may set a future date at which the registered career 585
offender may again petition the court for relief, subject to the 586
standards for relief provided in this subsection paragraph. 587
(c) The department shall remove a person from 588
classification as a career offender for purposes of registration 589
if the person provides to the department a certified copy of the 590
court's written findings or order that indicates that the person 591
is no longer required to comply with the requirements for 592
registration as a career offender. 593
(9)(5) COMMUNITY AND PUBLIC NOTIFICATION. — 594
(a) Law enforcement agencies may inform the co mmunity and 595
the public of the presence of a career offender in the 596
community. Upon notification of the presence of a career 597
offender, the sheriff of the county or the chief of police of 598
the municipality where the career offender establishes or 599
maintains a permanent or temporary residence may notify the 600
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community and the public of the presence of the career offender 601
in a manner deemed appropriate by the sheriff or the chief of 602
police. 603
(b) The sheriff or the police chief may coordinate the 604
community and public notification efforts with the department. 605
Statewide notification to the public is authorized, as deemed 606
appropriate by local law enforcement personnel and the 607
department. 608
(c)1. The department may maintain online computer access 609
to the current informa tion regarding each registered career 610
offender. The department must maintain hotline access so that 611
state, local, and federal law enforcement agencies may obtain 612
instantaneous locator file and criminal characteristics 613
information on release and registratio n of career offenders for 614
the purposes of monitoring, tracking, and prosecution. The 615
photograph and fingerprints need not be stored in a computerized 616
format. 617
2. The department's career offender registration list is a 618
public record. The department may dis seminate this public 619
information by any means deemed appropriate, including operating 620
a toll-free telephone number for this purpose. When the 621
department provides information regarding a career offender to 622
the public, department personnel must advise the pe rson making 623
the inquiry that positive identification of a person believed to 624
be a career offender cannot be established unless a fingerprint 625
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comparison is made, and that it is illegal to use public 626
information regarding a career offender to facilitate the 627
commission of a crime. 628
3. The department shall adopt guidelines as necessary 629
regarding the registration of a career offender and the 630
dissemination of information regarding a career offender as 631
required by this section. 632
(6) VERIFICATION.—The department and the Department of 633
Corrections shall implement a system for verifying the addresses 634
of career offenders. The sheriff of each county shall annually 635
verify the addresses of career offenders who are not under the 636
care, custody, control, or supervision of t he Department of 637
Corrections. The sheriff shall promptly provide the address 638
verification information to the department in an electronic 639
format. The address verification information must include the 640
verifying person's name, agency, and phone number, the da te of 641
verification, and the method of verification, and must specify 642
whether the address information was verified as correct, 643
incorrect, or unconfirmed. 644
(10)(7) IMMUNITY.—The department, the Department of 645
Highway Safety and Motor Vehicles, the Department of 646
Corrections, any law enforcement agency in this state, and the 647
personnel of those departments; an elected or appointed 648
official, public employee, or school a dministrator; or an 649
employee, agency, or any individual or entity acting at the 650
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request or upon the direction of any law enforcement agency is 651
immune from civil liability for damages for good faith 652
compliance with the requirements of this section or for th e 653
release of information under this section , and shall be presumed 654
to have acted in good faith in compiling, recording, reporting, 655
or releasing the information. The presumption of good faith is 656
not overcome if a technical or clerical error is made by the 657
department, the Department of Highway Safety and Motor Vehicles, 658
the Department of Corrections, the personnel of those 659
departments, or any individual or entity acting at the request 660
or upon the direction of any of those departments in compiling 661
or providing information, or if information is incomplete or 662
incorrect because a career offender fails to report or falsely 663
reports his or her current place of permanent or temporary 664
residence. 665
(11)(8) PENALTIES.— 666
(a) Except as otherwise specifically provided, a c areer 667
offender who fails to register; who fails, after registration, 668
to maintain, acquire, or renew a driver license or an 669
identification card; who fails to provide required location 670
information or change -of-name information; who fails to make a 671
required report in connection with vacating a permanent 672
residence; who fails to respond to any address verification 673
correspondence from the department or from county or local law 674
enforcement agencies within 3 weeks after the date of the 675
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correspondence; who knowingly provides false registration 676
information by act or omission; or who otherwise fails, by act 677
or omission, to comply with the requirements of this section, 678
commits a felony of the third degree, punishable as provided in 679
s. 775.082, s. 775.083, or s. 775.084. Each instance of failure 680
to register or report changes to the required information 681
specified herein constitutes a separate offense. 682
(b) A career offender who commits any act or omission in 683
violation of this section, s. 944.608, or s. 944.609 may be 684
prosecuted for the act or omission in the county in which the 685
act or omission was committed, in the county of the last 686
registered address of the career offender, in the county in 687
which the conviction occurred for the offense or offenses that 688
meet the criteria for designating a person as a career offender, 689
in the county in which he or she was designated a career 690
offender, in the county where the career offender was released 691
from incarceration, or in the county of the intended address of 692
the career offender as re ported by the offender before his or 693
her release from incarceration. 694
(c) An arrest on charges of failure to register when the 695
offender has been provided and advised of his or her statutory 696
obligations to register under this section, the service of an 697
information or a complaint for a violation of this section, or 698
an arraignment on charges for a violation of this section 699
constitutes actual notice of the duty to register. A career 700
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offender's failure to register immediately as required by this 701
section following such arrest, service, or arraignment 702
constitutes grounds for a subsequent charge of failure to 703
register. A career offender charged with the crime of failure to 704
register who asserts, or intends to assert, a lack of notice of 705
the duty to register as a def ense to a charge of failure to 706
register shall register immediately as required by this section. 707
A career offender who is charged with a subsequent failure to 708
register may not assert the defense of a lack of notice of the 709
duty to register. Registration foll owing such arrest, service, 710
or arraignment is not a defense and does not relieve the career 711
offender of criminal liability for the failure to register. 712
(d)(b) Any person who misuses public records information 713
concerning a career offender, as defined in t his section, or a 714
career offender, as defined in s. 944.608 or s. 944.609, to 715
secure a payment from such career offender; who knowingly 716
distributes or publishes false information concerning such a 717
career offender which the person misrepresents as being pub lic 718
records information; or who materially alters public records 719
information with the intent to misrepresent the information, 720
including documents, summaries of public records information 721
provided by law enforcement agencies, or public records 722
information displayed by law enforcement agencies on websites or 723
provided through other means of communication, commits a 724
misdemeanor of the first degree, punishable as provided in s. 725
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775.082 or s. 775.083. 726
(9) PROSECUTIONS FOR ACTS OR OMISSIONS. —A career offender 727
who commits any act or omission in violation of this section, s. 728
944.608, or s. 944.609 may be prosecuted for the act or omission 729
in the county in which the act or omission was committed, the 730
county of the last registered address of the career offender, 731
the county in which the conviction occurred for the offense or 732
offenses that meet the criteria for designating a person as a 733
career offender, or in the county in which he or she was 734
designated a career offender. 735
(12)(10) PENALTIES FOR ASSISTING CAREER OFFENDER IN 736
NONCOMPLIANCE.—Any It is a misdemeanor of the first degree, 737
punishable as provided in s. 775.082 or s. 775.083, for a person 738
who has reason to believe that a career offender is not 739
complying, or has not complied, with the requirements of this 740
section and who, with the intent to assist the career offender 741
in eluding a law enforcement agency that is seeking to find the 742
career offender to question the career offender about, or to 743
arrest the career offender for, his or her noncompliance with 744
the requirements of this section, to: 745
(a) Withholds Withhold information from, or does not fail 746
to notify, the law enforcement agency about the career 747
offender's noncompliance with the requirements of this section , 748
and, if known, the whereabouts of the career offende r; 749
(b) Harbors Harbor or attempts attempt to harbor, or 750
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assists assist another person in harboring or attempting to 751
harbor, the career offender; 752
(c) Conceals Conceal or attempts attempt to conceal, or 753
assists assist another person in concealing or atte mpting to 754
conceal, the career offender; or 755
(d) Provides Provide information to the law enforcement 756
agency regarding the career offender which the person knows to 757
be false information, 758
759
commits a felony of the third degree, punishable as provided in 760
s. 775.082, s. 775.083, or s. 775.084 . 761
Section 3. Section 944.608, Florida Statutes, is amended 762
to read: 763
944.608 Notification to Department of Law Enforcement of 764
information on career offenders. — 765
(1) As used in this section, the term : 766
(a) "Career offender" means a person who is in the custody 767
or control of, or under the supervision of, the department or is 768
in the custody or control of, or under the supervision of, a 769
private correctional facility, and who is designated as a 770
habitual violent felony offen der, a violent career criminal, or 771
a three-time violent felony offender under s. 775.084 or as a 772
prison releasee reoffender under s. 775.082(9). 773
(b) "Permanent residence" and "temporary residence" have 774
the same meaning as provided in s. 775.261. 775
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(c) "Vehicles owned" has the same meaning as provided in 776
s. 775.261. 777
(2) If a career offender is not sentenced to a term of 778
imprisonment, the clerk of the court shall ensure that the 779
career offender's fingerprints are taken and forwarded to the 780
Department of Law Enforcement within 48 hours after the court 781
sentences the career offender. The fingerprints shall be clearly 782
marked "Career Offender Registration." 783
(3) A career offender , as described in this section, who 784
is under the supervision of the department b ut is not 785
incarcerated shall must register with the department within 3 786
business days after sentencing and provide his or her name; date 787
of birth; social security number; race; sex gender; height; 788
weight; hair and eye color; tattoos or other identifying ma rks; 789
employment information required to be provided pursuant to s. 790
775.261; all home telephone numbers and cellular telephone 791
numbers required to be provided pursuant to s. 775.261; the 792
make, model, color, vehicle identification number (VIN), and 793
license tag number of all vehicles owned; and permanent or legal 794
residence and address of temporary residence within the state or 795
out of state while the career offender is under supervision in 796
this state, including any rural route address or post office 797
box; and address, location or description, and dates of any 798
current or known future temporary residence within this state or 799
out of state. The department shall verify the address of each 800
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career offender in the manner described in s. 775.261. The 801
department shall repo rt to the Department of Law Enforcement any 802
failure by a career offender to comply with any registration 803
requirements. 804
(4) In addition to notification and transmittal 805
requirements imposed by any other provision of law, the 806
department shall compile inform ation on any career offender and 807
provide the information to the Department of Law Enforcement. 808
The information shall be made available electronically to the 809
Department of Law Enforcement as soon as this information is in 810
the department's database and must be in a format that is 811
compatible with the requirements of the Florida Crime 812
Information Center. 813
(5) The information provided to the Department of Law 814
Enforcement must include: 815
(a) The information obtained from the career offender 816
under subsection (3); 817
(b) The career offender's most current address ; and place 818
of permanent or and temporary residence within this the state or 819
out of state; and address, location or description, and dates of 820
any current or known future temporary residence within this 821
state or out of state, while the career offender is under 822
supervision in this state, including the name of the county or 823
municipality in which the career offender permanently or 824
temporarily resides, and address, location or description, and 825
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dates of any current or known future temporary residence within 826
this state or out of state, and, if known, the intended place of 827
permanent or temporary residence , and address, location or 828
description, and dates of any current or known future temporary 829
residence within this st ate or out of state upon satisfaction of 830
all sanctions; 831
(c) The legal status of the career offender and the 832
scheduled termination date of that legal status; 833
(d) The location of, and local telephone number for, any 834
Department of Corrections' office that is responsible for 835
supervising the career offender; and 836
(e) A digitized photograph of the career offender, which 837
must have been taken within 60 days before the career offender 838
is released from the custody of the department or a private 839
correctional facility or within 60 days after the onset of the 840
department's supervision of any career offender who is on 841
probation, community control, conditional release, parole, 842
provisional release, or control release. If the career offender 843
is in the custody or control of, or under the supervision of, a 844
private correctional facility, the facility shall take a 845
digitized photograph of the career offender within the time 846
period provided in this paragraph and shall provide the 847
photograph to the department. 848
(6)(a) The department shall notify the Department of Law 849
Enforcement if the career offender escapes, absconds, or dies 850
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while in the custody or control of, or under the supervision of, 851
the department. 852
(b) If any information provided by the department changes 853
during the time the career offender is under the department's 854
custody, control, or supervision, including any change in the 855
career offender's name by reason of marriage or other legal 856
process, the department shall, in a timely manner, update the 857
information and provid e it to the Department of Law Enforcement 858
in the manner prescribed in subsection (4). 859
(7) If the career offender is in the custody of a local 860
jail, the custodian of the local jail shall notify the 861
Department of Law Enforcement within 3 business days afte r 862
intake of the offender for any reason and upon release, and 863
shall forward the information to the Department of Law 864
Enforcement. The custodian of the local jail shall also take a 865
digitized photograph of the career offender while the offender 866
remains in custody and shall provide the digitized photograph to 867
the Department of Law Enforcement. 868
(8) If the career offender is under federal supervision, 869
the federal agency responsible for supervising the career 870
offender may forward to the Department of Law Enforc ement any 871
information regarding the career offender which is consistent 872
with the information provided by the department under this 873
section, and may indicate whether use of the information is 874
restricted to law enforcement purposes only or may be used by 875
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the Department of Law Enforcement for purposes of public 876
notification. 877
(9)(7) A career offender, as described in this section, 878
who is under the supervision of the department but who is not 879
incarcerated shall, in addition to the registration requirements 880
provided in subsection (3), register in the manner provided in 881
s. 775.261(4)(d) s. 775.261(4)(c), unless the career offender is 882
a sexual predator, in which case he or she shall register as 883
required under s. 775.21, or is a sexual offender, in which case 884
he or she shall register as required in s. 943.0435 or s. 885
944.607. A career offender who fails to comply with all of the 886
requirements of s. 775.261 s. 775.261(4) is subject to the 887
penalties provided in s. 775.261(11) s. 775.261(8). 888
(10)(a)(8) The failure of a career offender to submit to 889
the taking of a digitized photograph, or to otherwise comply 890
with the requirements of this section, is a felony of the third 891
degree, punishable as provided in s. 775.082, s. 775.083, or s. 892
775.084. 893
(b) A career offender who commits any act or omission in 894
violation of this section may be prosecuted for the act or 895
omission in the county in which the act or omission was 896
committed, in the county of the last registered address of the 897
career offender, in the county in which the con viction occurred 898
for the offense or offenses that meet the criteria for 899
designating a person as a career offender, in the county in 900
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which he or she was designated a career offender, in the county 901
where the career offender was released from incarceration, o r in 902
the county of the intended address of the career offender as 903
reported by the offender before his or her release from 904
incarceration. 905
(c) An arrest on charges of failure to register when the 906
offender has been provided and advised of his or her statuto ry 907
obligations to register under s. 775.261, the service of an 908
information or a complaint for a violation of this section, or 909
an arraignment on charges for a violation of this section 910
constitutes actual notice of the duty to register. A career 911
offender's failure to register immediately as required by this 912
section following such arrest, service, or arraignment 913
constitutes grounds for a subsequent charge of failure to 914
register. A career offender charged with the crime of failure to 915
register who asserts, or in tends to assert, a lack of notice of 916
the duty to register as a defense to a charge of failure to 917
register shall register immediately as required by this section. 918
A career offender who is charged with a subsequent failure to 919
register may not assert the defe nse of a lack of notice of the 920
duty to register. 921
(d) Registration following such arrest, service, or 922
arraignment is not a defense and does not relieve the career 923
offender of criminal liability for the failure to register. 924
(11)(9) The department, the De partment of Highway Safety 925
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and Motor Vehicles, the Department of Law Enforcement, personnel 926
of those departments, and any individual or entity acting at the 927
request or upon the direction of those departments are immune 928
from civil liability for damages for good faith compliance with 929
this section, and shall be presumed to have acted in good faith 930
in compiling, recording, reporting, or providing information. 931
The presumption of good faith is not overcome if technical or 932
clerical errors are made by the departmen t, the Department of 933
Highway Safety and Motor Vehicles, the Department of Law 934
Enforcement, personnel of those departments, or any individual 935
or entity acting at the request or upon the direction of those 936
departments in compiling, recording, reporting, or p roviding 937
information, or, if the information is incomplete or incorrect 938
because the information has not been provided by a person or 939
agency required to provide the information, or because the 940
information was not reported or was falsely reported. 941
(12) A person who has reason to believe that a career 942
offender is not complying, or has not complied, with the 943
requirements of this section and who, with the intent to assist 944
the career offender in eluding a law enforcement agency that is 945
seeking to find the caree r offender to question the career 946
offender about, or to arrest the career offender for, his or her 947
noncompliance with the requirements of this section: 948
(a) Withholds information from, or does not notify, the 949
law enforcement agency about the career offend er's noncompliance 950
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with the requirements of this section, and, if known, the 951
whereabouts of the career offender; 952
(b) Harbors or attempts to harbor, or assists another 953
person in harboring or attempting to harbor, the career 954
offender; 955
(c) Conceals or att empts to conceal, or assists another 956
person in concealing or attempting to conceal, the career 957
offender; or 958
(d) Provides information to the law enforcement agency 959
regarding the career offender which the person knows to be false 960
information, 961
962
commits a felony of the third degree, punishable as provided in 963
s. 775.082, s. 775.083, or s. 775.084. This subsection does not 964
apply if the career offender is incarcerated in or is in the 965
custody of a state correctional facility, a private correctional 966
facility, a local jail, or a federal correctional facility. 967
Section 4. Section 944.609, Florida Statutes, is amended 968
to read: 969
944.609 Career offenders; notification upon release. — 970
(1) As used in this section, the term : 971
(a) "Career offender" means a person wh o is in the custody 972
or control of, or under the supervision of, the department or is 973
in the custody or control of, or under the supervision of a 974
private correctional facility, who is designated as a habitual 975
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violent felony offender, a violent career crimin al, or a three-976
time violent felony offender under s. 775.084 or as a prison 977
releasee reoffender under s. 775.082(9). 978
(b) "Permanent residence" and "temporary residence" have 979
the same meaning as provided in s. 775.261. 980
(c) "Vehicles owned" has the same meaning as provided in 981
s. 775.261. 982
(2) The Legislature finds that certain career offenders, 983
by virtue of their histories of offenses, present a threat to 984
the public and to communities. Career offenders have a reduced 985
expectation of privacy because of the public's interest in 986
public safety and in the effective operation of government. The 987
Legislature finds that requiring these career offenders to 988
register for the purpose of tracking the career offenders and 989
providing for notifying the public and a communit y of the 990
presence of a career offender are important aids to law 991
enforcement agencies, the public, and communities if the career 992
offender engages again in criminal conduct. Registration is 993
intended to aid law enforcement agencies in timely apprehending 994
a career offender. Registration is not a punishment, but merely 995
a status. Notification to the public and communities of the 996
presence of a career offender aids the public and communities in 997
avoiding being victimized by the career offender. The 998
Legislature intends to require the registration of career 999
offenders and to authorize law enforcement agencies to notify 1000
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the public and communities of the presence of a career offender. 1001
(3)(a) The department must provide information regarding 1002
any career offender who is b eing released after serving a period 1003
of incarceration for any offense, as follows: 1004
1. The department must provide the career offender's name, 1005
any change in the career offender's name by reason of marriage 1006
or other legal process, and any alias, if known; the 1007
correctional facility from which the career offender is 1008
released; the career offender's social security number, race, 1009
sex gender, date of birth, height, weight, and hair and eye 1010
color; address of any planned permanent residence or temporary 1011
residence, within this state or out of state, including a rural 1012
route address and a post office box; address, location or 1013
description, and dates of any current or known future temporary 1014
residence within this state or out of state; date and county of 1015
sentence and each crime for which the career offender was 1016
sentenced; a copy of the career offender's fingerprints , palm 1017
prints, and a digitized photograph taken within 60 days before 1018
release; the date of release of the career offender; employment 1019
information, if known, req uired to be provided pursuant to s. 1020
775.261; and all home telephone numbers and cellular telephone 1021
numbers required to be provided pursuant to s. 775.261 and the 1022
career offender's intended residence address, if known . The 1023
department shall notify the Depart ment of Law Enforcement if the 1024
career offender escapes, absconds, or dies. If the career 1025
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offender is in the custody of a private correctional facility, 1026
the facility shall take the digitized photograph of the career 1027
offender within 60 days before the career offender's release and 1028
provide this photograph to the Department of Corrections and 1029
also place it in the career offender's file. If the career 1030
offender is in the custody of a local jail, the custodian of the 1031
local jail shall notify the Department of Law E nforcement within 1032
3 business days after intake of the offender for any reason and 1033
upon of the career offender's release, and provide to the 1034
Department of Law Enforcement the information specified in this 1035
paragraph and any information specified in subparagr aph 2. which 1036
the Department of Law Enforcement requests. 1037
2. The department may provide any other information deemed 1038
necessary, including criminal and corrections records and 1039
nonprivileged personnel and treatment records, when available. 1040
(b) The department must provide the information described 1041
in subparagraph (a)1. to: 1042
1. The sheriff of the county from where the career 1043
offender was sentenced; 1044
2. The sheriff of the county and, if applicable, the 1045
police chief of the municipality, where the care er offender 1046
plans to reside; 1047
3. The Department of Law Enforcement; 1048
4. When requested, the victim of the offense, the victim's 1049
parent or legal guardian if the victim is a minor, the lawful 1050
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representative of the victim or of the victim's parent or 1051
guardian if the victim is a minor, or the next of kin if the 1052
victim is a homicide victim; and 1053
5. Any person who requests such information, 1054
1055
either within 6 months prior to the anticipated release of a 1056
career offender, or as soon as possible if a career offende r is 1057
released earlier than anticipated. All such information provided 1058
to the Department of Law Enforcement must be available 1059
electronically as soon as the information is in the agency's 1060
database and must be in a format that is compatible with the 1061
requirements of the Florida Crime Information Center. 1062
(c) Upon request, the department must provide the 1063
information described in subparagraph (a)2. to: 1064
1. The sheriff of the county from where the career 1065
offender was sentenced; and 1066
2. The sheriff of the county and, if applicable, the 1067
police chief of the municipality, where the career offender 1068
plans to reside, 1069
1070
either within 6 months prior to the anticipated release of a 1071
career offender, or as soon as possible if a career offender is 1072
released earlier than antici pated. 1073
(d) Upon receiving information regarding a career offender 1074
from the department, the Department of Law Enforcement, the 1075
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sheriff, or the chief of police shall provide the information 1076
described in subparagraph (a)1. to any individual who requests 1077
such information and may release the information to the public 1078
in any manner deemed appropriate, unless the information is 1079
confidential or exempt from s. 119.07(1) and s. 24(a), Art. I of 1080
the State Constitution. 1081
(4) This section authorizes the department or any law 1082
enforcement agency to may notify the community and the public of 1083
a career offender's presence in the community. However, with 1084
respect to a career offender who has been found to be a sexual 1085
predator under s. 775.21, the Department of Law Enforcemen t or 1086
any other law enforcement agency must inform the community and 1087
the public of the sexual predator's career offender's presence 1088
in the community, as provided in s. 775.21. 1089
(5) An elected or appointed official, public employee, 1090
school administrator or employee, or agency, or any individual 1091
or entity acting at the request or upon the direction of any law 1092
enforcement agency, is immune from civil liability for damages 1093
resulting from the good faith compliance with the requirements 1094
of this section or the rel ease of information under this 1095
section. 1096
Section 5. For the purpose of incorporating the amendment 1097
made by this act to section 775.261, Florida Statutes, in a 1098
reference thereto, subsection (4) of section 320.02, Florida 1099
Statutes, is reenacted to read: 1100
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320.02 Registration required; application for 1101
registration; forms. — 1102
(4) Except as provided in ss. 775.21, 775.261, 943.0435, 1103
944.607, and 985.4815, the owner of any motor vehicle registered 1104
in the state shall notify the department in writing of any 1105
change of address within 30 days of such change. The 1106
notification shall include the registration license plate 1107
number, the vehicle identification number (VIN) or title 1108
certificate number, year of vehicle make, and the owner's full 1109
name. 1110
Section 6. For the purpose of incorporating the amendment 1111
made by this act to section 775.261, Florida Statutes, in a 1112
reference thereto, subsection (1) of section 322.19, Florida 1113
Statutes, is reenacted to read: 1114
322.19 Change of address or name. — 1115
(1) Except as provided in ss. 775.21, 775.261, 943.0435, 1116
944.607, and 985.4815, whenever any person, after applying for 1117
or receiving a driver license or identification card, changes 1118
his or her legal name, that person must within 30 days 1119
thereafter obtain a replacement license or c ard that reflects 1120
the change. 1121
Section 7. For the purpose of incorporating the amendments 1122
made by this act to sections 775.261 and 944.609, Florida 1123
Statutes, in references thereto, subsection (4) of section 1124
775.13, Florida Statutes, is reenacted to read : 1125
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775.13 Registration of convicted felons, exemptions; 1126
penalties.— 1127
(4) This section does not apply to an offender: 1128
(a) Who has had his or her civil rights restored; 1129
(b) Who has received a full pardon for the offense for 1130
which convicted; 1131
(c) Who has been lawfully released from incarceration or 1132
other sentence or supervision for a felony conviction for more 1133
than 5 years prior to such time for registration, unless the 1134
offender is a fugitive from justice on a felony charge or has 1135
been convicted of any offense since release from such 1136
incarceration or other sentence or supervision; 1137
(d) Who is a parolee or probationer under the supervision 1138
of the United States Parole Commission if the commission knows 1139
of and consents to the presence of the offender in Fl orida or is 1140
a probationer under the supervision of any federal probation 1141
officer in the state or who has been lawfully discharged from 1142
such parole or probation; 1143
(e) Who is a sexual predator and has registered as 1144
required under s. 775.21; 1145
(f) Who is a sexual offender and has registered as 1146
required in s. 943.0435 or s. 944.607; or 1147
(g) Who is a career offender who has registered as 1148
required in s. 775.261 or s. 944.609. 1149
Section 8. This act shall take effect October 1, 2024. 1150