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ENROLLED
2026
Legislature
CS for SB 1332
20261332er
1
2 An act relating to career offender registration;
3 amending s. 322.141, F.S.; requiring a certain driver
4 license or identification card marking for a career
5 offender; requiring a career offender to report to the
6 Department of Highway Safety and Motor Vehicles in a
7 certain month to obtain an updated or renewed driver
8 license or identification card; amending s. 775.261,
9 F.S.; providing and revising definitions; providing
10 that if a sanction is not imposed upon a career
11 offender, such offender is deemed to have been
12 released upon conviction; requiring a career offender
13 to report in person at the sheriff’s office for
14 initial registration; revising the time of such
15 report; revising information and documentation
16 required upon initial registration; specifying that
17 information and documents are provided to the
18 Department of Law Enforcement through the sheriff’s
19 office; specifying the manner in which changes to a
20 career offender’s information must be reported;
21 requiring certain career offenders to report to the
22 Department of Highway Safety and Motor Vehicles and
23 obtain a driver license or identification card
24 containing a required marking within a certain period
25 of time; revising the information and documentation
26 certain career offenders must provide to the
27 Department of Highway Safety and Motor Vehicles when
28 reporting; requiring a career offender to report
29 changes to any information provided upon initial
30 registration within certain periods of time; requiring
31 the custodian of a jail to notify the Department of
32 Law Enforcement within a certain period of time if
33 such custodian has a career offender in his or her
34 custody and upon release of such offender; requiring
35 such custodian to take a digitized photograph of the
36 career offender and provide it to the Department of
37 Law Enforcement; requiring the custodian to notify the
38 Department of Law Enforcement if a career offender
39 escapes or dies; specifying the procedure for a career
40 offender to establish a residence after initial
41 registration; requiring the Department of Highway
42 Safety and Motor Vehicles to forward photographs and
43 certain information to the Department of Law
44 Enforcement and the Department of Corrections;
45 authorizing the Department of Highway Safety and Motor
46 Vehicles to release certain images to the Department
47 of Law Enforcement for purposes of public
48 notification; requiring that certain career offenders
49 report changes to certain information to the sheriff’s
50 office within a certain period of time; requiring a
51 career offender to report an in-state travel residence
52 within a certain period of time; requiring a career
53 offender who vacates a residence and does not
54 establish another residence to report certain
55 information in person within a certain period of time;
56 requiring a career offender who remains at an address
57 that such offender previously reported he or she was
58 vacating to report such information in person within a
59 certain period of time; requiring the sheriff’s office
60 to report such information to the Department of Law
61 Enforcement; removing a provision relating to the
62 registration of a career offender at an office of the
63 Department of Law Enforcement; revising procedures for
64 establishing a residence outside this state; requiring
65 a career offender to report previously unknown travel
66 in person to the sheriff’s office as soon as possible
67 before departure; revising the entities to which the
68 career offender must provide certain residence
69 information; requiring annual reregistration of career
70 offenders during a certain month; specifying
71 information that a career offender must provide upon
72 reregistration; requiring the sheriff’s office to
73 electronically submit to and update with the
74 Department of Law Enforcement such information within
75 a specified timeframe; requiring certain governmental
76 entities to verify certain career offender information
77 at least once per year; requiring local law
78 enforcement agencies to report to the Department of
79 Law Enforcement failure by a career offender to comply
80 with registration requirements; providing that certain
81 career offenders shall be considered for removal of
82 registration requirements in certain circumstances;
83 revising the location in which a career offender may
84 petition for such removal; requiring notice to the
85 Department of Law Enforcement of such petition within
86 a certain time period; authorizing the Department of
87 Law Enforcement to present evidence in opposition to
88 removal; revising the circumstances in which a sheriff
89 or chief of police may notify the community of the
90 presence of a career offender; prohibiting the
91 Department of Law Enforcement from publicly displaying
92 information about a vehicle owned by a person who is
93 not required to register as a career offender;
94 revising the manner in which career offender addresses
95 are verified and reported by law enforcement agencies;
96 expanding circumstances under which a failure to
97 report can result in a criminal offense; providing
98 that a career offender commits a separate offense for
99 each failure to register or report a piece of
100 information; expanding the jurisdictions in which a
101 career offender may be prosecuted for an act or
102 omission; specifying what events constitute actual
103 notice of the duty to register; providing that the
104 failure to immediately register upon the occurrence of
105 such events is grounds for a subsequent charge of
106 failure to register; restricting a career offender
107 from claiming a lack of notice as a defense in certain
108 circumstances; enhancing the penalty for assisting in
109 career offender noncompliance; amending s. 944.608,
110 F.S.; defining terms; requiring certain career
111 offenders under the supervision of the Department of
112 Corrections to provide certain information after
113 sentencing; requiring the Department of Corrections to
114 report to the Department of Law Enforcement any
115 failure of a career offender to comply with
116 registration requirements; requiring a career offender
117 to report to the sheriff’s office any vehicle changes
118 within a certain period of time; revising the
119 information the Department of Corrections is required
120 to provide to the Department of Law Enforcement
121 relating to career offenders; requiring the custodian
122 of a jail to notify the Department of Law Enforcement
123 within a certain period of time if such custodian has
124 a career offender in his or her custody and upon
125 release of such offender; requiring such custodian to
126 take a digitized photograph of the career offender and
127 provide it to the Department of Law Enforcement;
128 providing that a federal agency responsible for
129 supervising a career offender may forward certain
130 information about the offender to the Department of
131 Law Enforcement; providing that such federal agency
132 may indicate whether use of the information is
133 restricted to law enforcement purposes only or may be
134 used for purposes of public notification; requiring a
135 certain driver license or identification card marking
136 for a career offender who is under supervision but is
137 not incarcerated; expanding the jurisdictions in which
138 a career offender may be prosecuted for an act or
139 omission; specifying what events constitute actual
140 notice of the duty to register; providing that the
141 failure to immediately register upon the occurrence of
142 such events is grounds for a subsequent charge of
143 failure to register; restricting a career offender
144 from claiming a lack of notice as a defense in certain
145 circumstances; creating offenses and penalties for
146 assisting in career offender noncompliance with
147 provisions relating to notification to the Department
148 of Law Enforcement; specifying that such offenses and
149 penalties do not apply if a career offender is
150 incarcerated in or is in the custody of certain
151 facilities; requiring annual reregistration of career
152 offenders during a certain month; specifying
153 information that a career offender must provide upon
154 reregistration; providing penalties; requiring the
155 sheriff’s office to electronically submit to and
156 update with the Department of Law Enforcement such
157 information within a specified timeframe; amending s.
158 944.609, F.S.; defining terms; providing legislative
159 findings; specifying information the Department of
160 Corrections must provide upon release of a career
161 offender within a certain period of time; requiring
162 the Department of Corrections or any law enforcement
163 agency to notify the community of the presence of a
164 sexual predator in the community when a career
165 offender who is also designated as a sexual predator
166 is in such community; providing an effective date.
167
168 Be It Enacted by the Legislature of the State of Florida:
169
170 Section 1. Subsections (3) and (4) of section 322.141,
171 Florida Statutes, are amended to read:
172 322.141 Color or markings of certain licenses or
173 identification cards.—
174 (3) All licenses for the operation of motor vehicles or
175 identification cards originally issued or reissued by the
176 department to persons who are designated as sexual predators
177 under s. 775.21 or subject to registration as sexual offenders
178 under s. 943.0435 or s. 944.607, or who have a similar
179 designation or are subject to a similar registration under the
180 laws of another jurisdiction,
or who are designated as career
181
offenders under s. 775.261 or s. 944.608,
shall have on the
182 front of the license or identification card the following:
183 (a) For a person designated as a sexual predator under s.
184 775.21 or who has a similar designation under the laws of
185 another jurisdiction, the marking “SEXUAL PREDATOR.”
186 (b) For a person subject to registration as a sexual
187 offender under s. 943.0435 or s. 944.607, or subject to a
188 similar registration under the laws of another jurisdiction, the
189 marking “943.0435, F.S.”
190
(c)
For a person designated as a career offender under s.
191
775.261 or s. 944.608, the marking “775.261, F.S.”
192 (4)
(a)
Unless previously secured or updated, each sexual
193 offender and sexual predator shall report to the department
194 during the month of his or her reregistration as required under
195 s. 775.21(8), s. 943.0435(14), or s. 944.607(13) in order to
196 obtain an updated or renewed driver license or identification
197 card as required by subsection (3).
198
(b)
Unless previously secured or updated as required by
199
subsection (3), each career offender shall report to the
200
department during the month of his or her birth in order to
201
obtain an updated or renewed driver license or identification
202
card as required by subsection (3).
203 Section 2. Section 775.261, Florida Statutes, is amended to
204 read:
205 775.261 The Florida Career Offender Registration Act.—
206 (1) SHORT TITLE.—This section may be cited as “The Florida
207 Career Offender Registration Act.”
208 (2) DEFINITIONS.—As used in this section, the term:
209 (a) “Career offender” means any person who is designated as
210 a habitual violent felony offender, a violent career criminal,
211 or a three-time violent felony offender under s. 775.084 or as a
212 prison releasee reoffender under s. 775.082(9).
213 (b) “Chief of police” means the chief law enforcement
214 officer of a municipality.
215 (c) “Community” means any county where the career offender
216 lives or otherwise establishes or maintains a
permanent,
217 temporary
,
or
transient
permanent
residence.
218 (d) “Department” means the Department of Law Enforcement.
219 (e) “Entering the county” includes being discharged from a
220 correctional facility, jail, or secure treatment facility within
221 the county or being under supervision within the county with a
222 career-offender designation as specified in paragraph (a).
223 (f) “Permanent residence” means a place where the career
224 offender abides, lodges, or resides for
3
14
or more consecutive
225 days
that is the person’s home or other place where the person
226
primarily lives. For the purpose of calculating a permanent
227
residence under this paragraph, the first day that a career
228
offender abides, lodges, or resides at a place is excluded and
229
each subsequent day is counted. A day includes any part of a
230
calendar day
.
231
(g)
“Professional license” means the document of
232
authorization or certification issued by an agency of this state
233
for a regulatory purpose, or by any similar agency in another
234
jurisdiction for a regulatory purpose, to a person to engage in
235
an occupation or to carry out a trade or business.
236
(h)1.
(g)
“Temporary residence” means
:
237
1.
a place where the career offender abides, lodges, or
238 resides
, including, but not limited to, vacation, business, or
239
personal travel destinations in or out of this state,
for
3
a
240
period of 14
or more days in the aggregate during any calendar
241 year
that
and which
is not the
person’s
career offender’s
242 permanent
or transient residence. The term includes an in-state
243
travel residence.
address;
244
2.
For a career offender whose permanent residence is not
245 in this state,
the term also includes
a place where the career
246 offender is employed, practices a vocation, or is enrolled as a
247 student for any period of time in this state
. For the purpose of
248
calculating a temporary residence under this paragraph, the
249
first day that a career offender abides, lodges, or resides at a
250
place is excluded and each subsequent day is counted. A day
251
includes any part of a calendar day.
; or
252
2.
The term includes an “in-state travel residence,” which
253
means a temporary residence in this state established by a
254
person who already has an existing permanent, temporary, or
255
transient residence in this state.
256
3.
A place where the career offender routinely abides,
257
lodges, or resides for a period of 4 or more consecutive or
258
nonconsecutive days in any month and which is not the career
259
offender’s permanent residence, including any out-of-state
260
address.
261
(i)
“Transient residence” means a county where the career
262
offender lives, remains, or is located for the purpose of
263
abiding, lodging, or residing for a period of 3 or more days in
264
the aggregate during a calendar year that is not the person’s
265
permanent or temporary residence. The term includes, but is not
266
limited to, a place where the career offender sleeps or seeks
267
shelter and a location that has no specific street address. For
268
the purpose of calculating a
transient residence
under this
269
paragraph, the first
day that a career offender lives, remains,
270
or is located in a county for the purpose of abiding, lodging,
271
or residing is excluded and each subsequent day is counted. A
272
day includes any part of a calendar day.
273
(j)
“Vehicles owned” means any motor vehicle as defined in
274
s. 320.01 which is registered, coregistered, leased, titled, or
275
rented by a career offender; a rented vehicle that a career
276
offender is authorized to drive; or a vehicle for which a career
277
offender is insured as a driver. The term also includes any
278
motor vehicle as defined in s. 320.01 which is registered,
279
coregistered, leased, titled, or rented by a person or persons
280
residing at a career offender’s permanent residence for 5 or
281
more consecutive days.
282 (3) CRITERIA FOR REGISTRATION AS A CAREER OFFENDER.—
283 (a) A career offender released on or after July 1, 2002,
284 from a sanction imposed in this state must register as required
285 under
this section
subsection (4)
and is subject to community
286 and public notification as provided under subsection
(11)
(5)
.
287
If no sanction is imposed, the person is deemed to be released
288
upon conviction.
For purposes of this section, a sanction
289 imposed in this state
means
includes, but is not limited to, a
290
fine,
probation, community control, parole, conditional release,
291 control release, or incarceration in a state prison,
federal
292
prison,
contractor-operated correctional facility, or local
293 detention facility, and:
294 1. The career offender has not received a pardon for any
295 felony or other qualified offense that is necessary for the
296 operation of this paragraph; or
297 2. A conviction of a felony or other qualified offense
298 necessary to the operation of this paragraph has not been set
299 aside in any postconviction proceeding.
300 (b) This section does not apply to any person who has been
301 designated as a sexual predator and
who is
required to register
302 under s. 775.21 or who is required to register as a sexual
303 offender under s. 943.0435 or s. 944.607. However, if a person
304 is no longer required to register as a sexual predator under s.
305 775.21 or as a sexual offender under s. 943.0435 or s. 944.607,
306 the person must register as a career offender under this section
307 if the person is otherwise designated as a career offender as
308 provided in this section.
309 (c) A person subject to registration as a career offender
310 is not subject to registration as a convicted felon under s.
311 775.13. However, if the person is no longer required to register
312 as a career offender under this section, the person must
313 register under s. 775.13 if required to do so under that
314 section.
315 (d) If a career offender is not sentenced to a term of
316 imprisonment, the clerk of the court shall ensure that the
317 career offender’s fingerprints are taken and forwarded to the
318 department within 48 hours after the court renders its finding
319 that an offender is a career offender. The fingerprints shall be
320 clearly marked, “Career Offender Registration.”
321 (4)
INITIAL
REGISTRATION.—
Upon initial registration, a
322
career offender shall:
323 (a)
Report in person at
A career offender must register
324
with the department by providing the following information to
325
the department, or to
the sheriff’s office
:
326
1.
In the county in which the career offender establishes
327 or maintains a permanent
,
or
temporary
, or transient
residence,
328 within
48 hours
2 working days
after
:
329
a.
Establishing
a
permanent
,
or
temporary
, or transient
330 residence in this state
;
or
331
b.
Within 2 working days after
Being released from the
332 custody, control, or supervision of the Department of
333 Corrections or from the custody of a contractor-operated
334 correctional facility
or local detention facility; or
:
335
2.
In the county where he or she was convicted within 48
336
hours after being convicted for a qualifying offense for
337
registration under this section if the offender is not in the
338
custody or control of, or under the supervision of, the
339
Department of Corrections, or is not in the custody of a
340
contractor-operated correctional facility or local detention
341
facility.
342
(b)
1.
Provide his or her
name
;
,
social security number
;
,
343
age,
race
; sex;
, gender,
date of birth
;
,
height
;
,
weight
;
,
hair
344 and eye color
; tattoos or other identifying marks; fingerprints;
345
palm prints;
,
photograph
;
,
employment information, including
346
occupation, business name, employment address, and telephone
347
number;
address of
permanent or
legal residence and address of
348 any current temporary residence
,
within the state or out of
349 state, including a rural route address
and
or
a post office box
;
350
if he or she has no permanent or temporary address, any
351
transient residence within this state; address, location or
352
description, and dates of any current or known future temporary
353
residence within this state or out of state; the make, model,
354
color, vehicle identification number (VIN), and license tag
355
number of all vehicles owned; all home telephone numbers and
356
cellular telephone numbers;
, date and place of any employment,
357 date and place of each conviction
;
, fingerprints,
and a brief
358 description of the crime or crimes committed by the career
359 offender. A
career offender may not provide a
post office box
360
may not be provided
in lieu of a physical residential address.
361
The career offender shall also produce his or her passport, if
362
he or she has a passport, and, if he or she is an alien, shall
363
produce or provide information about documents establishing his
364
or her immigration status. The career offender shall also
365
provide information about any professional licenses he or she
366
has.
367
2.
If the career offender’s place of residence is a motor
368 vehicle, trailer, mobile home, or manufactured home, as
those
369
terms are
defined in chapter 320, the career offender shall also
370 provide to the department
through the sheriff’s office
written
371 notice of the vehicle identification number
(VIN)
; the license
372 tag number; the registration number; and a description,
373 including color scheme, of the motor vehicle, trailer, mobile
374 home, or manufactured home. If a career offender’s place of
375 residence is a vessel, live-aboard vessel, or houseboat, as
376
those terms are
defined in chapter 327, the career offender
377 shall also provide to the department
through the sheriff’s
378
office
written notice of the hull identification number; the
379 manufacturer’s serial number; the name of the vessel, live
380 aboard vessel, or houseboat; the registration number
of the
381
vessel, live-aboard vessel, or houseboat
; and a description,
382 including color scheme, of the vessel, live-aboard vessel, or
383 houseboat.
384
3.
Any change in any of the information required to be
385
provided pursuant to this paragraph, including, but not limited
386
to, any change in the career offender’s permanent, temporary, or
387
transient residence; name; home telephone numbers and cellular
388
telephone numbers; employment information; and vehicles owned
389
after the career offender reports in person at the sheriff’s
390
office must be reported in the manner provided in subsections
391
(5)-(8).
392
(c)
2.
Provide
any other information determined necessary by
393 the department, including criminal and corrections records;
394 nonprivileged personnel and treatment records; and evidentiary
395 genetic markers
,
when available.
When
396
(b)
If
a career offender registers with the sheriff’s
397 office, the sheriff shall take a photograph
,
and
a set of
398 fingerprints
, and palm prints
of the career offender and forward
399 the photographs
,
and
fingerprints
, and palm prints
to the
400 department, along with the information that the career offender
401 is required to provide pursuant to this section.
The sheriff
402
shall promptly provide to the department the information
403
received from the career offender.
404
(d)
(c)
Within
48 hours
2 working days
after the
report
405
registration
required under
this subsection
paragraph (a)
, a
406 career offender who is not incarcerated and who resides in the
407 community, including a career offender under the supervision of
408 the Department of Corrections pursuant to s. 944.608, shall
409
report
register
in person at a driver license office of the
410 Department of Highway Safety and Motor Vehicles
, unless a driver
411
license or identification card that complies with s. 322.141(3)
412
was previously secured or updated under s. 944.608
and shall
413
present proof of registration
. At the driver license office, the
414 career offender shall:
415 1. If otherwise qualified, secure a Florida driver license,
416 renew a Florida driver license, or secure an identification
417 card. The career offender shall identify himself or herself as a
418 career offender who is required to comply with this section
and
419
shall provide proof that the career offender reported as
420
required in this subsection. The career offender shall provide
421
any of the information specified in this subsection, if
422
requested. The career offender shall submit to the taking of a
423
photograph for use in issuing a driver license, renewed license,
424
or identification card, and for use by the department in
425
maintaining current records of career offenders
, provide his or
426
her place of permanent or temporary residence, including a rural
427
route address or a post office box, and submit to the taking of
428
a photograph for use in issuing a driver license, renewed
429
license, or identification card, and for use by the department
430
in maintaining current records of career offenders. The career
431
offender may not provide a post office box in lieu of a physical
432
residential address. If the career offender’s place of residence
433
is a motor vehicle, trailer, mobile home, or manufactured home,
434
as defined in chapter 320, the career offender shall also
435
provide to the Department of Highway Safety and Motor Vehicles
436
the vehicle identification number; the license tag number; the
437
motor vehicle registration number; and a description, including
438
color scheme, of the motor vehicle, trailer, mobile home, or
439
manufactured home. If a career offender’s place of residence is
440
a vessel, live-aboard vessel, or houseboat, as defined in
441
chapter 327, the career offender shall also provide to the
442
Department of Highway Safety and Motor Vehicles the hull
443
identification number; the manufacturer’s serial number; the
444
name of the vessel, live-aboard vessel, or houseboat; the
445
registration number; and a description, including color scheme,
446
of the vessel, live-aboard vessel, or houseboat
.
447 2. Pay the costs assessed by the Department of Highway
448 Safety and Motor Vehicles for issuing or renewing a driver
449 license or identification card as required by this section.
The
450
driver license or identification card issued must be in
451
compliance with s. 322.141(3).
452 3. Provide, upon request, any additional information
453 necessary to confirm the identity of the career offender,
454 including a set of fingerprints.
455
(5)
MAINTAINING REGISTRATION.—
456
(a)
(d)
Each time a career offender’s driver license or
457 identification card is subject to renewal, and
, without regard
458
to the status of the career offender’s driver license or
459
identification card,
within
48 hours
2 working days
after any
460 change
of the career offender’s residence or change
in the
461 career offender’s name by reason of marriage or other legal
462 process, the career offender must report in person to a driver
463 license office
,
and shall be subject to the requirements
464 specified in paragraph
(4)(d)
(c)
. The Department of Highway
465 Safety and Motor Vehicles shall forward to the department and to
466 the Department of Corrections all photographs and information
467 provided by career offenders. Notwithstanding the restrictions
468 set forth in s. 322.142, the Department of Highway Safety and
469 Motor Vehicles may release a reproduction of a color-photograph
470 or digital-image license to the department for purposes of
471 public notification of career offenders as provided in this
472 section
and ss. 775.26 and 944.609
.
A career offender who is
473
unable to secure or update a driver license or an identification
474
card with the Department of Highway Safety and Motor Vehicles as
475
provided in paragraph (4)(d) and this subsection shall report
476
any change in the career offender’s name by reason of marriage
477
or other legal process within 48 hours after the change in
478
person to the sheriff’s office in the county where the career
479
offender resides or is located. The reporting requirements under
480
this paragraph do not negate the requirement for a career
481
offender to obtain a Florida driver license or an identification
482
card as required in this section.
483
(b)
A career offender shall report in person to the
484
sheriff’s office within 48 hours after any change in vehicles
485
owned to report those vehicle information changes.
486
(c)
A career offender shall register all changes to his or
487
her home telephone numbers and cellular telephone numbers,
488
including added and deleted numbers, and all changes to
489
employment information, including the creation of a new business
490
if self-employed, in person at the sheriff’s office, or in
491
person at the Department of Corrections if the career offender
492
is in the custody or control, or under the supervision, of the
493
Department of Corrections. All changes required to be reported
494
under this paragraph must be reported within 48 hours after the
495
change.
496
(d)
If the career offender is in the custody of a local
497
jail, the custodian of the local jail shall notify the
498
department within 3 business days after intake of the career
499
offender for any reason and upon release. The custodian of the
500
local jail shall also take a digitized photograph of the career
501
offender while the career offender remains in custody and shall
502
provide the digitized photograph to the department. The
503
custodian shall notify the department if the career offender
504
escapes from custody or dies.
505
(6)
ESTABLISHING A RESIDENCE WITHIN THIS STATE AFTER
506
INITIAL REGISTRATION.—
507
(a)
Each time a career offender’s driver license or
508
identification card is subject to renewal, and, without regard
509
to the status of the career offender’s driver license or
510
identification card, within 48 hours after any change in the
511
career offender’s permanent, temporary, or transient residence,
512
the career offender must report in person to a driver license
513
office and shall be subject to the requirements specified in
514
paragraph (4)(d). The Department of Highway Safety and Motor
515
Vehicles shall forward to the department and to the Department
516
of Corrections all photographs and information provided by
517
career offenders. Notwithstanding the restrictions set forth in
518
s. 322.142, the Department of Highway Safety and Motor Vehicles
519
may release a reproduction of a color-photograph or digital
520
image license to the department for purposes of public
521
notification of career offenders as provided in this section and
522
ss. 775.26 and 944.609. A career offender who is unable to
523
secure or update a driver license or an identification card with
524
the Department of Highway Safety and Motor Vehicles as provided
525
in paragraph (4)(d) and this subsection shall report any change
526
in the career offender’s permanent, temporary, or transient
527
residence within 48 hours after the change in person to the
528
sheriff’s office in the county where the career offender resides
529
or is located. The reporting requirements under this paragraph
530
do not negate the requirement for a career offender to obtain a
531
Florida driver license or an identification card as required in
532
this section. This paragraph does not apply to an in-state
533
travel residence.
534
(b)
A career offender shall report an in-state travel
535
residence within 48 hours after establishing the residence. The
536
report shall be made in person at the sheriff’s office in the
537
county in which the career offender is located, or in person at
538
the Department of Corrections if the career offender is in the
539
custody or control, or under the supervision of, the Department
540
of Corrections.
541
(c)
A career offender who vacates a permanent, temporary,
542
or transient residence and fails to establish or maintain
543
another permanent, temporary, or transient residence shall,
544
within 48 hours after vacating the permanent, temporary, or
545
transient residence, report in person to the sheriff’s office of
546
the county in which he or she is located. The career offender
547
shall specify the date upon which he or she intends to or did
548
vacate such residence. The career offender must provide or
549
update all of the registration information required under
550
paragraph (4)(b). The career offender must provide an address
551
for the residence or other place where he or she is or will be
552
located during the time in which he or she fails to establish or
553
maintain a permanent, temporary, or transient residence.
554
(d)
A career offender who remains at a permanent,
555
temporary, or transient residence after reporting his or her
556
intent to vacate such residence shall, within 48 hours after the
557
date upon which the career offender indicated he or she would or
558
did vacate such residence, report in person to the agency to
559
which he or she reported pursuant to paragraph (c) for the
560
purpose of reporting his or her address at such residence. When
561
the sheriff receives the report, the sheriff shall promptly
562
provide the information to the department. An offender who makes
563
a report as required under paragraph (c) but fails to make a
564
report as required under this paragraph commits a felony of the
565
second degree, punishable as provided in s. 775.082, s. 775.083,
566
or s. 775.084.
567
(7)
ESTABLISHING A NON-FLORIDA RESIDENCE.—
568
(e)
If the career offender registers at an office of the
569
department, the department must notify the sheriff and, if
570
applicable, the police chief of the municipality, where the
571
career offender maintains a residence within 48 hours after the
572
career offender registers with the department.
573
(a)
(f)
A career offender who intends to establish
a
574
permanent, temporary, or transient
residence in another state or
575 jurisdiction other than the State of Florida shall report in
576 person to the sheriff of the county of current residence
at
577
least 48 hours
or the department within 2 working days
before
578 the date he or she intends to leave this state to establish
579 residence in another state or jurisdiction other than the State
580 of Florida.
Any travel that is not known by the career offender
581
48 hours before he or she intends to establish a residence in
582
another state or jurisdiction must be reported in person to the
583
sheriff’s office as soon as possible before departure.
If the
584 career offender is under the supervision of the Department of
585 Corrections, the career offender shall notify the supervising
586 probation officer of his or her intent to transfer supervision,
587 satisfy all transfer requirements pursuant to the Interstate
588 Compact for Supervision of Adult Offenders, as provided in s.
589 949.07, and abide by the decision of the receiving jurisdiction
590 to accept or deny transfer. The career offender must provide to
591 the sheriff
or department
the address, municipality, county, and
592 state
or jurisdiction
of intended residence. The sheriff shall
593 promptly provide to the department the information received from
594 the career offender. The failure of a career offender to provide
595 his or her intended place of residence is punishable as provided
596 in subsection
(13)
(8)
.
597
(b)
(g)
A career offender who indicates his or her intent to
598
establish a permanent, temporary, or transient residence
reside
599 in
another
a
state or jurisdiction other than the State of
600 Florida and later decides to remain in this state shall, within
601
48 hours
2 working days
after the date upon which the career
602 offender indicated he or she would leave this state, report in
603 person to the
sheriff’s office
sheriff or the department,
604
whichever agency is the agency
to which the career offender
605 reported the intended change of
permanent, temporary, or
606
transient
residence
and report
, of
his or her intent to remain
607 in this state.
If the sheriff is notified by the career offender
608
that he or she intends to remain in this state,
The sheriff
609 shall promptly report this information to the department. A
610 career offender who reports his or her intent to
establish a
611
permanent, temporary, or transient residence
reside
in
another
a
612 state or jurisdiction other than the State of Florida, but who
613 remains in this state without reporting to the sheriff
or the
614
department
in the manner required by this paragraph, commits a
615 felony of the second degree, punishable as provided in s.
616 775.082, s. 775.083, or s. 775.084.
617
(8)
ANNUAL REREGISTRATION REQUIREMENT.—
618
(a)
A career offender must report in person each year
619
during the month of the career offender’s birthday to the
620
sheriff’s office in the county in which he or she maintains a
621
permanent, temporary, or transient residence or is otherwise
622
located to reregister.
623
(b)
The sheriff’s office may determine the appropriate
624
times and days for reporting by the career offender, which must
625
be consistent with the reporting requirements of this
626
subsection. Reregistration must include any changes to the
627
following information:
628
1.
Name; social security number; race; sex; date of birth;
629
height; weight; hair and eye color; tattoos or other identifying
630
marks; fingerprints; palm prints; photograph; employment
631
information, including occupation, business name, employment
632
address, and telephone number; address of permanent residence
633
and address of any current temporary residence, within the state
634
or out of state, including a rural route address and a post
635
office box; if he or she has no permanent or temporary address,
636
any transient residence within this state; address, location or
637
description, and dates of any current or known future temporary
638
residence within the state or out of state; the make, model,
639
color, vehicle identification number (VIN), and license tag
640
number of all vehicles owned; and all home telephone numbers and
641
cellular telephone numbers. A post office box may not be
642
provided in lieu of a physical residential address. The career
643
offender shall also produce his or her passport, if he or she
644
has a passport, and, if he or she is an alien, shall produce or
645
provide information about documents establishing his or her
646
immigration status. The career offender shall also provide
647
information about any professional licenses he or she has.
648
2.
If the career offender’s place of residence is a motor
649
vehicle, trailer, mobile home, or manufactured home, as those
650
terms are defined in chapter 320, the career offender shall also
651
provide the vehicle identification number (VIN); the license tag
652
number; the registration number; and a description, including
653
color scheme, of the motor vehicle, trailer, mobile home, or
654
manufactured home. If the career offender’s place of residence
655
is a vessel, live-aboard vessel, or houseboat, as those terms
656
are defined in chapter 327, the career offender shall also
657
provide the hull identification number; the manufacturer’s
658
serial number; the name of the vessel, live-aboard vessel, or
659
houseboat; the registration number of the vessel, live-aboard
660
vessel, or houseboat; and a description, including color scheme,
661
of the vessel, live-aboard vessel, or houseboat.
662
(c)
The sheriff’s office shall electronically submit to and
663
update with the department, in a manner prescribed by the
664
department, all such information provided by the career offender
665
within 2 business days after the career offender provides it to
666
the sheriff’s office.
667
(9)
VERIFICATION.—County and local law enforcement
668
agencies, in conjunction with the department, shall verify the
669
addresses of career offenders who are not under the care,
670
custody, control, or supervision of the Department of
671
Corrections at least one time per calendar year, and may verify
672
the addresses of career offenders who are under the care,
673
custody, control, or supervision of the Department of
674
Corrections. Local law enforcement agencies shall report to the
675
department any failure by a career offender to comply with
676
registration requirements.
677
(h)1.
The department shall maintain online computer access
678
to the current information regarding each registered career
679
offender. The department must maintain hotline access so that
680
state, local, and federal law enforcement agencies may obtain
681
instantaneous locator file and criminal characteristics
682
information on release and registration of career offenders for
683
purposes of monitoring, tracking, and prosecution. The
684
photograph and fingerprints need not be stored in a computerized
685
format.
686
2.
The department’s career offender registration list,
687
containing the information described in subparagraph (a)1., is a
688
public record. The department may disseminate this public
689
information by any means deemed appropriate, including operating
690
a toll-free telephone number for this purpose. When the
691
department provides information regarding a career offender to
692
the public, department personnel must advise the person making
693
the inquiry that positive identification of a person believed to
694
be a career offender cannot be established unless a fingerprint
695
comparison is made, and that it is illegal to use public
696
information regarding a career offender to facilitate the
697
commission of a crime.
698
3.
The department shall adopt guidelines as necessary
699
regarding the registration of a career offender and the
700
dissemination of information regarding a career offender as
701
required by this section.
702
(10)
(i)
RELIEF FROM REGISTRATION.—
A career offender must
703 maintain registration with the department for the duration of
704 his or her life, unless the career offender has received a full
705 pardon or has had a conviction set aside in a postconviction
706 proceeding for any offense
or offenses
that
meet
meets
the
707 criteria for classifying the person as a career offender for
708 purposes of registration. However, a
registered
career offender
709
shall be considered for removal of the requirement to register
710
as a career offender only if he or she
who
has been lawfully
711 released from confinement, supervision, or sanction, whichever
712 is later, for at least 20 years and has not been arrested for
713 any felony or misdemeanor offense since release
.
714
(a)
If the career offender meets the criteria in this
715
subsection, the career offender
may
, for the purpose of removing
716
the requirement for registration as a career offender,
petition
717 the criminal division of the circuit court of the circuit in
718 which the
registered
career offender
designation initially
719
occurred
resides
for the purpose of removing the requirement for
720 registration as a career offender.
721
(b)
The court may grant or deny such relief if the
722
registered
career offender demonstrates to the court that he or
723 she has not been arrested for any crime since release and the
724 court is otherwise satisfied that the
registered
career offender
725 is not a current or potential threat to public safety. The
726
department and the
state attorney in the circuit in which the
727 petition is filed must be given notice of the petition at least
728 3 weeks before the hearing on the matter. The
department and the
729 state attorney may present evidence in opposition to the
730 requested relief or may otherwise demonstrate the reasons why
731 the petition should be denied. If the court denies the petition,
732 the court may set a future date at which the
registered
career
733 offender may again petition the court for relief, subject to the
734 standards for relief provided in this
subsection
paragraph
.
735
(c)
The department shall remove a person from
736 classification as a career offender for purposes of registration
737 if the person provides to the department a certified copy of the
738 court’s written findings or order that indicates that the person
739 is no longer required to comply with the requirements for
740 registration as a career offender.
741
(11)
(5)
COMMUNITY AND PUBLIC NOTIFICATION.—
742 (a) Law enforcement agencies may inform the community and
743 the public of the presence of a career offender in the
744 community. Upon notification of the presence of a career
745 offender, the sheriff of the county or the chief of police of
746 the municipality where the career offender establishes or
747 maintains a permanent
,
or
temporary
, or transient
residence may
748 notify the community and the public of the presence of the
749 career offender in a manner deemed appropriate by the sheriff or
750 the chief of police.
751 (b) The sheriff or the police chief may coordinate the
752 community and public notification efforts with the department.
753 Statewide notification to the public is authorized, as deemed
754 appropriate by local law enforcement personnel and the
755 department.
756
(c)1.
The department is responsible for the online
757
maintenance of the current information regarding each career
758
offender. The department must maintain hotline access for state,
759
local, and federal law enforcement agencies to obtain
760
instantaneous locator file and criminal characteristics
761
information on release and registration of career offenders for
762
the purposes of monitoring, tracking, and prosecution. The
763
photograph and fingerprints need not be stored in a computerized
764
format.
765
2.
The department’s career offender registration list is a
766
public record. The department may disseminate this public
767
information by any means deemed appropriate, including operating
768
a toll-free telephone number for this purpose. When the
769
department provides information regarding a career offender to
770
the public, department personnel must advise the person making
771
the inquiry that positive identification of a person believed to
772
be a career offender cannot be established unless a fingerprint
773
comparison is made, and that it is illegal to use public
774
information regarding a career offender to facilitate the
775
commission of a crime.
776
3.
The department shall adopt guidelines as necessary
777
regarding the registration of a career offender and the
778
dissemination of information regarding a career offender as
779
required by this section. However, the department may not
780
display on or disseminate through the Internet public registry
781
maintained by the department any information regarding a vehicle
782
that is owned by a person who is not required to register as a
783
career offender.
784
(6)
VERIFICATION.—The department and the Department of
785
Corrections shall implement a system for verifying the addresses
786
of career offenders. The sheriff of each county shall annually
787
verify the addresses of career offenders who are not under the
788
care, custody, control, or supervision of the Department of
789
Corrections. The sheriff shall promptly provide the address
790
verification information to the department in an electronic
791
format. The address verification information must include the
792
verifying person’s name, agency, and phone number, the date of
793
verification, and the method of verification, and must specify
794
whether the address information was verified as correct,
795
incorrect, or unconfirmed.
796
(12)
(7)
IMMUNITY.—The department, the Department of Highway
797 Safety and Motor Vehicles, the Department of Corrections, any
798 law enforcement agency in this state, and the personnel of those
799 departments; an elected or appointed official, public employee,
800 or school administrator; or an employee, agency, or any
801 individual or entity acting at the request or upon the direction
802 of any law enforcement agency is immune from civil liability for
803 damages for good faith compliance with the requirements of this
804 section or for the release of information under this section and
805 shall be presumed to have acted in good faith in compiling,
806 recording, reporting, or releasing the information. The
807 presumption of good faith is not overcome if a technical or
808 clerical error is made by the department, the Department of
809 Highway Safety and Motor Vehicles, the Department of
810 Corrections, the personnel of those departments, or any
811 individual or entity acting at the request or upon the direction
812 of any of those departments in compiling or providing
813 information, or if information is incomplete or incorrect
814 because a career offender fails to report or falsely reports his
815 or her current place of permanent
,
or
temporary
, or transient
816 residence.
817
(13)
(8)
PENALTIES.—
818 (a) Except as otherwise specifically provided, a career
819 offender who fails to register; who fails, after registration,
820 to maintain, acquire, or renew a driver license or
an
821 identification card; who fails to provide required location
822 information or change-of-name information;
who fails to provide
823
all home telephone numbers and cellular telephone numbers; who
824
fails to report any changes to employment information, including
825
the addition of new employment, termination of existing
826
employment, and changes to the occupation, business name,
827
employment address, and telephone number of previously reported
828
employment; who fails to report any changes to vehicles owned,
829
including the addition of new vehicles and changes to the make,
830
model, color, vehicle identification number (VIN), and license
831
tag numbers of previously reported vehicles; who fails to make a
832
required report in connection with vacating a permanent
833
residence; who fails to reregister as required; who fails to
834
respond to any address verification correspondence from the
835
department or from county or local law enforcement agencies
836
within 3 weeks after the date of the correspondence; who
837
knowingly provides false registration information by act or
838
omission;
or who otherwise fails, by act or omission, to comply
839 with the requirements of this section, commits a felony of the
840 third degree, punishable as provided in s. 775.082, s. 775.083,
841 or s. 775.084.
Each instance of failure to register or report
842
changes to the required information specified in this paragraph
843
constitutes a separate offense.
844
(b)
A career offender who commits any act or omission in
845
violation of this section, s. 944.608, or s. 944.609 may be
846
prosecuted for the act or omission in the county in which the
847
act or omission was committed, in the county of the last
848
registered address of the career offender, in the county in
849
which the conviction occurred for the offense or offenses that
850
meet the criteria for designating a person as a career offender,
851
in the county in which he or she was designated a career
852
offender, in the county where the career offender was released
853
from incarceration, or in the county of the intended address of
854
the career offender as reported by the offender before his or
855
her release from incarceration.
856
(c)
An arrest on charges of failure to register when the
857
career offender has been provided and advised of his or her
858
statutory obligations to register under this section, the
859
service of an information or a complaint for a violation of this
860
section, or an arraignment on charges for a violation of this
861
section constitutes actual notice of the duty to register. A
862
career offender’s failure to register immediately as required by
863
this section following such arrest, service, or arraignment
864
constitutes grounds for a subsequent charge of failure to
865
register. A career offender charged with the crime of failure to
866
register who asserts, or intends to assert, a lack of notice of
867
the duty to register as a defense to a charge of failure to
868
register shall immediately register as required by this section.
869
A career offender who is charged with a subsequent failure to
870
register may not assert the defense of a lack of notice of the
871
duty to register. Registration following such arrest, service,
872
or arraignment is not a defense and does not relieve the career
873
offender of criminal liability for the failure to register.
874
(d)
(b)
Any person who misuses public records information
875 concerning a career offender, as defined in this section, or a
876 career offender, as defined in s. 944.608 or s. 944.609, to
877 secure a payment from such career offender; who knowingly
878 distributes or publishes false information concerning such a
879 career offender which the person misrepresents as being public
880 records information; or who materially alters public records
881 information with the intent to misrepresent the information,
882 including documents, summaries of public records information
883 provided by law enforcement agencies, or public records
884 information displayed by law enforcement agencies on websites or
885 provided through other means of communication, commits a
886 misdemeanor of the first degree, punishable as provided in s.
887 775.082 or s. 775.083.
888
(9)
PROSECUTIONS FOR ACTS OR OMISSIONS.—A career offender
889
who commits any act or omission in violation of this section, s.
890
944.608, or s. 944.609 may be prosecuted for the act or omission
891
in the county in which the act or omission was committed, the
892
county of the last registered address of the career offender,
893
the county in which the conviction occurred for the offense or
894
offenses that meet the criteria for designating a person as a
895
career offender, or in the county in which he or she was
896
designated a career offender.
897
(14)
(10)
PENALTIES FOR
ASSISTING IN
CAREER OFFENDER
898 NONCOMPLIANCE.—
Any
It is a misdemeanor of the first degree,
899
punishable as provided in s. 775.082 or s. 775.083, for a
person
900 who has reason to believe that a career offender is not
901 complying, or has not complied, with the requirements of this
902 section and who, with the intent to assist the career offender
903 in eluding a law enforcement agency that is seeking to find the
904 career offender to question the career offender about, or to
905 arrest the career offender for, his or her noncompliance with
906 the requirements of this section
, to
:
907 (a)
Withholds
Withhold
information from, or
does not
fail
908
to
notify, the law enforcement agency about the career
909 offender’s noncompliance with the requirements of this section
910 and, if known, the whereabouts of the career offender;
911 (b)
Harbors
Harbor
or
attempts
attempt
to harbor, or
912
assists
assist
another
person
in harboring or attempting to
913 harbor, the career offender;
914 (c)
Conceals
Conceal
or
attempts
attempt
to conceal, or
915
assists
assist
another
person
in concealing or attempting to
916 conceal, the career offender; or
917 (d)
Provides
Provide
information to the law enforcement
918 agency regarding the career offender which the person knows to
919 be false
information,
920
921
commits a felony of the third degree, punishable as provided in
922
s. 775.082, s. 775.083, or s. 775.084
.
923 Section 3. Section 944.608, Florida Statutes, is amended to
924 read:
925 944.608 Notification to Department of Law Enforcement of
926 information on career offenders.—
927 (1) As used in this section, the term
:
928
(a)
“Career offender” means a person who is in the custody
929 or control of, or under the supervision of, the department or is
930 in the custody or control of, or under the supervision of, a
931 contractor-operated correctional facility, and who is designated
932 as a habitual violent felony offender, a violent career
933 criminal, or a three-time violent felony offender under s.
934 775.084 or as a prison releasee reoffender under s. 775.082(9).
935
(b)
“Permanent residence,” “temporary residence,” and
936
“transient residence” have the same meaning as provided in s.
937
775.261.
938
(c)
“Professional license” has the same meaning as provided
939
in s. 775.261.
940
(d) “Vehicles owned” has the same meaning as provided in s.
941
775.261.
942 (2) If a career offender is not sentenced to a term of
943 imprisonment, the clerk of the court shall ensure that the
944 career offender’s fingerprints are taken and forwarded to the
945 Department of Law Enforcement within 48 hours after the court
946 sentences the career offender. The fingerprints shall be clearly
947 marked “Career Offender Registration.”
948 (3) A career offender
, as described in this section,
who is
949 under the supervision of the department but is not incarcerated
950 must register with the department
within 3 business days after
951
sentencing
and provide
information as required by this
952
subsection.
953
(a)
The career offender shall provide
his or her name;
date
954
of birth;
social security number; race;
sex
gender
;
date of
955
birth;
height; weight; hair and eye color; tattoos or other
956 identifying marks;
employment information required to be
957
provided pursuant to s. 775.261;
and
permanent or legal
958 residence and address of temporary residence within the state or
959 out of state while the career offender is under supervision in
960 this state, including any rural route address
and a
or
post
961 office box
; if no permanent or temporary address, any transient
962
residence within this state; and address, location or
963
description, and dates of any current or known future temporary
964
residence within this state or out of state; the make, model,
965
color, vehicle identification number (VIN), and license tag
966
number of all vehicles owned; and all home telephone numbers and
967
cellular telephone numbers required to be provided pursuant to
968
s. 775.261. The career offender shall also produce his or her
969
passport, if he or she has a passport, and, if he or she is an
970
alien, shall produce or provide information about documents
971
establishing his or her immigration status. The career offender
972
shall also provide information about any professional licenses
973
he or she has
. The department shall verify the address of each
974 career offender
in the manner described in s. 775.261. The
975
department shall report to the Department of Law Enforcement any
976
failure by a career offender to comply with any registration
977
requirements
.
978
(b)
A career offender shall report in person to the
979
sheriff’s office within 48 hours after any change in vehicles
980
owned to report those vehicle information changes.
981 (4) In addition to notification and transmittal
982 requirements imposed by any other provision of law, the
983 department shall compile information on any career offender and
984 provide the information to the Department of Law Enforcement.
985 The information shall be made available electronically to the
986 Department of Law Enforcement as soon as this information is in
987 the department’s database and must be in a format that is
988 compatible with the requirements of the Florida Crime
989 Information Center.
990 (5) The information provided to the Department of Law
991 Enforcement must include:
992 (a) The information obtained from the career offender under
993 subsection (3);
994 (b) The career offender’s most current address and
place of
995 permanent
,
and
temporary
, or transient
residence
or residences
996 within the state or out of state
, the address, location or
997
description, and dates of any known future temporary residence
998
within this state or out of state
while the career offender is
999 under supervision in this state,
including the name of the
1000
county or municipality in which the career offender permanently
1001
or temporarily resides
and, if known, the intended place of
1002 permanent
,
or
temporary
, or transient
residence
or residences
1003
and the address, location or description, and dates of any
1004
current or known future temporary residence within this state or
1005
out of state
upon satisfaction of all sanctions;
1006 (c) The legal status of the career offender and the
1007 scheduled termination date of that legal status;
1008 (d) The location of, and local telephone number for, any
1009 Department of Corrections’ office that is responsible for
1010 supervising the career offender; and
1011 (e) A digitized photograph of the career offender, which
1012 must have been taken within 60 days before the career offender
1013 is released from the custody of the department or a contractor
1014 operated correctional facility or within 60 days after the onset
1015 of the department’s supervision of any career offender who is on
1016 probation, community control, conditional release, parole,
1017 provisional release, or control release. If the career offender
1018 is in the custody
or control
of
, or under the supervision of,
a
1019 contractor-operated correctional facility, the facility shall
1020 take a digitized photograph of the career offender within the
1021 time period provided in this paragraph and shall provide the
1022 photograph to the department.
1023 (6)(a) The department shall notify the Department of Law
1024 Enforcement if the career offender escapes, absconds, or dies
1025 while in the custody or control of, or under the supervision of,
1026 the department.
1027 (b) If any information provided by the department changes
1028 during the time the career offender is under the department’s
1029 custody, control, or supervision, including any change in the
1030 career offender’s name by reason of marriage or other legal
1031 process, the department shall, in a timely manner, update the
1032 information and provide it to the Department of Law Enforcement
1033 in the manner prescribed in subsection (4).
1034
(7)
If the career offender is in the custody of a local
1035
jail, the custodian of the local jail shall notify the
1036
Department of Law Enforcement within 3 business days after
1037
intake of the offender for any reason and upon release, and
1038
shall forward the information to the Department of Law
1039
Enforcement. The custodian of the local jail shall also take a
1040
digitized photograph of the career offender while the career
1041
offender remains in custody and shall provide the digitized
1042
photograph to the Department of Law Enforcement.
1043
(8)
If the career offender is under federal supervision,
1044
the federal agency responsible for supervising the career
1045
offender may forward to the Department of Law Enforcement any
1046
information regarding the career offender which is consistent
1047
with the information provided by the department under this
1048
section, and may indicate whether use of the information is
1049
restricted to law enforcement purposes only or may be used by
1050
the Department of Law Enforcement for purposes of public
1051
notification.
1052
(9)
(7)
A career offender
, as described in this section,
who
1053 is under the supervision of the department but who is not
1054 incarcerated shall, in addition to the registration requirements
1055 provided in subsection (3), register
and obtain a distinctive
1056
driver license or identification card
in the manner provided in
1057
s. 775.261
s. 775.261(4)(c)
, unless the career offender is a
1058 sexual predator, in which case he or she shall register as
1059 required under s. 775.21, or is a sexual offender, in which case
1060 he or she shall register as required in
s. 943.0435 or
s.
1061 944.607. A career offender who fails to comply with the
1062 requirements of
s. 775.261
s. 775.261(4)
is subject to the
1063 penalties provided in
s. 775.261(13)
s. 775.261(8)
.
1064
(10)(a)
(8)
The failure of a career offender to submit to
1065 the taking of a digitized photograph, or to otherwise comply
1066 with the requirements of this section, is a felony of the third
1067 degree, punishable as provided in s. 775.082, s. 775.083, or s.
1068 775.084.
1069
(b)
A career offender who commits any act or omission in
1070
violation of this section may be prosecuted for the act or
1071
omission in the county in which the act or omission was
1072
committed, in the county of the last registered address of the
1073
career offender, in the county in which the conviction occurred
1074
for the offense or offenses that meet the criteria for
1075
designating a person as a career offender, in the county in
1076
which he or she was designated a career offender, in the county
1077
where the career offender was released from incarceration, or in
1078
the county of the intended address of the career offender as
1079
reported by the offender before his or her release from
1080
incarceration.
1081
(c)
An arrest on charges of failure to register when the
1082
offender has been provided and advised of his or her statutory
1083
obligations to register under s. 775.261, the service of an
1084
information or a complaint for a violation of this section, or
1085
an arraignment on charges for a violation of this section
1086
constitutes actual notice of the duty to register. A career
1087
offender’s failure to register immediately as required by this
1088
section following such arrest, service, or arraignment
1089
constitutes grounds for a subsequent charge of failure to
1090
register. A career offender charged with the crime of failure to
1091
register who asserts, or intends to assert, a lack of notice of
1092
the duty to register as a defense to a charge of failure to
1093
register shall register immediately as required by this section.
1094
A career offender who is charged with a subsequent failure to
1095
register may not assert the defense of a lack of notice of the
1096
duty to register.
1097
(d)
Registration following such arrest, service, or
1098
arraignment is not a defense and does not relieve the career
1099
offender of criminal liability for the failure to register.
1100
(11)
(9)
The department, the Department of Highway Safety
1101 and Motor Vehicles, the Department of Law Enforcement, personnel
1102 of those departments, and any individual or entity acting at the
1103 request or upon the direction of those departments are immune
1104 from civil liability for damages for good faith compliance with
1105 this section, and shall be presumed to have acted in good faith
1106 in compiling, recording, reporting, or providing information.
1107 The presumption of good faith is not overcome if technical or
1108 clerical errors are made by the department, the Department of
1109 Highway Safety and Motor Vehicles, the Department of Law
1110 Enforcement, personnel of those departments, or any individual
1111 or entity acting at the request or upon the direction of those
1112 departments in compiling, recording, reporting, or providing
1113 information, or, if the information is incomplete or incorrect
1114 because the information has not been provided by a person or
1115 agency required to provide the information, or because the
1116 information was not reported or was falsely reported.
1117
(12)
Any person who has reason to believe that a career
1118
offender is not complying, or has not complied, with the
1119
requirements of this section and who, with the intent to assist
1120
the career offender in eluding a law enforcement agency that is
1121
seeking to find the career offender to question the career
1122
offender about, or to arrest the career offender for, his or her
1123
noncompliance with the requirements of this section:
1124
(a)
Withholds information from, or does not notify, the law
1125
enforcement agency about the career offender’s noncompliance
1126
with the requirements of this section, and, if known, the
1127
whereabouts of the career offender;
1128
(b)
Harbors or attempts to harbor, or assists another
1129
person in harboring or attempting to harbor, the career
1130
offender;
1131
(c)
Conceals or attempts to conceal, or assists another
1132
person in concealing or attempting to conceal, the career
1133
offender; or
1134
(d)
Provides information to the law enforcement agency
1135
regarding the career offender which the person knows to be false
1136
information,
1137
1138
commits a felony of the third degree, punishable as provided in
1139
s. 775.082, s. 775.083, or s. 775.084. This subsection does not
1140
apply if the career offender is incarcerated in or is in the
1141
custody of a state correctional facility, a contractor-operated
1142
correctional facility, a local jail, or a federal correctional
1143
facility.
1144
(13)(a)
A career offender must report in person each year
1145
during the month of the career offender’s birthday to the
1146
sheriff’s office in the county in which he or she maintains a
1147
permanent, temporary, or transient residence or is otherwise
1148
located to reregister.
1149
(b)
The sheriff’s office may determine the appropriate
1150
times and days for reporting by the career offender, which must
1151
be consistent with the reporting requirements of this
1152
subsection. Reregistration must include any changes to the
1153
following information:
1154
1. Name; social security number; race; sex; date of birth;
1155
height; weight; hair and eye color; tattoos or other identifying
1156
marks; fingerprints; palm prints; photograph; employment
1157
information required to be provided pursuant to s. 775.261;
1158
address of permanent residence and address of any current
1159
temporary residence, within the state or out of state, including
1160
a rural route address and a post office box; if no permanent or
1161
temporary address, any transient residence within this state;
1162
address, location or description, and dates of any current or
1163
known future temporary residence within the state or out of
1164
state; the make, model, color, vehicle identification number
1165
(VIN), and license tag number of all vehicles owned; and all
1166
home telephone numbers and cellular telephone numbers required
1167
to be provided pursuant to s. 775.261. A post office box may not
1168
be provided in lieu of a physical residential address. The
1169
career offender shall also produce his or her passport, if he or
1170
she has a passport, and, if he or she is an alien, shall produce
1171
or provide information about documents establishing his or her
1172
immigration status. The career offender shall also provide
1173
information about any professional licenses he or she has.
1174
2.
If the career offender’s place of residence is a motor
1175
vehicle, trailer, mobile home, or manufactured home, as those
1176
terms are defined in chapter 320, the career offender shall also
1177
provide the vehicle identification number (VIN); the license tag
1178
number; the registration number; and a description, including
1179
color scheme, of the motor vehicle, trailer, mobile home, or
1180
manufactured home. If the career offender’s place of residence
1181
is a vessel, live-aboard vessel, or houseboat, as those terms
1182
are defined in chapter 327, the career offender shall also
1183
provide the hull identification number; the manufacturer’s
1184
serial number; the name of the vessel, live-aboard vessel, or
1185
houseboat; the registration number of the vessel, live-aboard
1186
vessel, or houseboat; and a description, including color scheme,
1187
of the vessel, live-aboard vessel, or houseboat.
1188
3.
Any career offender who fails to report in person as
1189
required at the sheriff’s office, who fails to respond to any
1190
address verification correspondence from the department within 3
1191
weeks after the date of the correspondence, or who knowingly
1192
provides false registration information by act or omission
1193
commits a felony of the third degree, punishable as provided in
1194
s. 775.082, s. 775.083, or s. 775.084.
1195
(c)
The sheriff’s office shall, within 2 working days,
1196
electronically submit and update all information provided by the
1197
career offender to the Department of Law Enforcement in a manner
1198
prescribed by the Department of Law Enforcement.
1199 Section 4. Section 944.609, Florida Statutes, is amended to
1200 read:
1201 944.609 Career offenders; notification upon release.—
1202 (1) As used in this section, the term
:
1203
(a)
“Career offender” means a person who is in the custody
1204 or control of, or under the supervision of, the department or is
1205 in the custody or control of, or under the supervision of a
1206 contractor-operated correctional facility, who is designated as
1207 a habitual violent felony offender, a violent career criminal,
1208 or a three-time violent felony offender under s. 775.084 or as a
1209 prison releasee reoffender under s. 775.082(9).
1210
(b)
“Permanent residence,” “temporary residence,” and
1211
“transient residence” have the same meaning as provided in s.
1212
775.261.
1213
(c)
“Professional license” has the same meaning as provided
1214
in s. 775.261.
1215
(d)
“Vehicles owned” has the same meaning as provided in s.
1216
775.261.
1217 (2) The Legislature finds that certain career offenders, by
1218 virtue of their histories of offenses, present a threat to the
1219 public and to communities.
Career offenders have a reduced
1220
expectation of privacy because of the public’s interest in
1221
public safety and in the effective operation of government.
The
1222 Legislature finds that requiring these career offenders to
1223 register for the purpose of tracking the career offenders and
1224 providing for notifying the public and a community of the
1225 presence of a career offender are important aids to law
1226 enforcement agencies, the public, and communities if the career
1227 offender engages again in criminal conduct. Registration is
1228 intended to aid law enforcement agencies in timely apprehending
1229 a career offender. Registration is not a punishment, but merely
1230 a status. Notification to the public and communities of the
1231 presence of a career offender aids the public and communities in
1232 avoiding being victimized by the career offender. The
1233 Legislature intends to require the registration of career
1234 offenders and to authorize law enforcement agencies to notify
1235 the public and communities of the presence of a career offender.
1236 (3)(a) The department must provide information regarding
1237 any career offender who is being released after serving a period
1238 of incarceration for any offense, as follows:
1239 1. The department must provide the career offender’s name,
1240 any change in the career offender’s name by reason of marriage
1241 or other legal process, and any alias, if known; the
1242 correctional facility from which the career offender is
1243 released; the career offender’s social security number, race,
1244
sex
gender
, date of birth, height, weight, and hair and eye
1245 color;
tattoos or other identifying marks; address of any
1246
planned permanent residence or temporary residence, within this
1247
state or out of state, including a rural route address and a
1248
post office box; if no permanent or temporary address, any
1249
transient residence within this state; address, location or
1250
description, and dates of any current or known future temporary
1251
residence within this state or out of state;
date and county of
1252 sentence and each crime for which the career offender was
1253 sentenced; a copy of the career offender’s fingerprints
, palm
1254
prints,
and a digitized photograph taken within 60 days before
1255 release; the date of release of the career offender;
employment
1256
information, if known, required to be provided pursuant to s.
1257
775.261; all home telephone numbers and cellular telephone
1258
numbers required to be provided pursuant to s. 775.261;
1259
information about any professional licenses the career offender
1260
has, if known; and passport information, if he or she has a
1261
passport, and, if he or she is an alien, information about the
1262
documents establishing his or her immigration status
and the
1263
career offender’s intended residence address, if known
. The
1264 department shall notify the Department of Law Enforcement if the
1265 career offender escapes, absconds, or dies. If the career
1266 offender is in the custody of a contractor-operated correctional
1267 facility, the facility shall take the digitized photograph of
1268 the career offender within 60 days before the career offender’s
1269 release and provide this photograph to the Department of
1270 Corrections and also place it in the career offender’s file. If
1271 the career offender is in the custody of a local jail, the
1272 custodian of the local jail shall notify the Department of Law
1273 Enforcement
within 3 business days after intake of the offender
1274
for any reason and upon
of the career offender’s
release
,
and
1275 provide to the Department of Law Enforcement the information
1276 specified in this paragraph and any information specified in
1277 subparagraph 2. which the Department of Law Enforcement
1278 requests.
1279 2. The department may provide any other information deemed
1280 necessary, including criminal and corrections records and
1281 nonprivileged personnel and treatment records, when available.
1282 (b) The department must provide the information described
1283 in subparagraph (a)1. to:
1284 1. The sheriff of the county where the career offender was
1285 sentenced;
1286 2. The sheriff of the county and, if applicable, the police
1287 chief of the municipality, where the career offender plans to
1288 reside;
1289 3. The Department of Law Enforcement;
1290 4. When requested, the victim of the offense, the victim’s
1291 parent or legal guardian if the victim is a minor, the lawful
1292 representative of the victim or of the victim’s parent or
1293 guardian if the victim is a minor, or the next of kin if the
1294 victim is a homicide victim; and
1295 5. Any person who requests such information,
1296
1297
either
within 6 months prior to the anticipated release of a
1298 career offender or as soon as possible if a career offender is
1299 released earlier than anticipated. All such information provided
1300 to the Department of Law Enforcement must be available
1301 electronically as soon as the information is in the agency’s
1302 database and must be in a format that is compatible with the
1303 requirements of the Florida Crime Information Center.
1304 (c) Upon request, the department must provide the
1305 information described in subparagraph (a)2. to:
1306 1. The sheriff of the county where the career offender was
1307 sentenced; and
1308 2. The sheriff of the county and, if applicable, the police
1309 chief of the municipality, where the career offender plans to
1310 reside,
1311
1312
either
within 6 months prior to the anticipated release of a
1313 career offender or as soon as possible if a career offender is
1314 released earlier than anticipated.
1315 (d) Upon receiving information regarding a career offender
1316 from the department, the Department of Law Enforcement, the
1317 sheriff, or the chief of police shall provide the information
1318 described in subparagraph (a)1. to any individual who requests
1319 such information and may release the information to the public
1320 in any manner deemed appropriate, unless the information is
1321 confidential or exempt from s. 119.07(1) and s. 24(a), Art. I of
1322 the State Constitution.
1323 (4)
This section authorizes
the department or any law
1324 enforcement agency
to
may
notify the community and the public of
1325 a career offender’s presence in the community. However, with
1326 respect to a career offender who has been found to be a sexual
1327 predator under s. 775.21, the Department of Law Enforcement or
1328 any other law enforcement agency must inform the community and
1329 the public of the
sexual predator’s
career offender’s
presence
1330 in the community, as provided in s. 775.21.
1331 (5) An elected or appointed official, public employee,
1332 school administrator or employee, or agency, or any individual
1333 or entity acting at the request or upon the direction of any law
1334 enforcement agency, is immune from civil liability for damages
1335 resulting from the good faith compliance with the requirements
1336 of this section or the release of information under this
1337 section.
1338 Section 5. This act shall take effect October 1, 2026.