The Florida Career Offender Registration Act.

(1) SHORT TITLE.—This section may be cited as “The Florida Career Offender Registration Act.”

(2) DEFINITIONS.—As used in this section, the term:

(a) “Career offender” means any person who is designated as a habitual violent felony offender, a violent career criminal, or a three-time violent felony offender under s. 775.084 or as a prison releasee reoffender under s. 775.082(9).

(b) “Chief of police” means the chief law enforcement officer of a municipality.

(c) “Community” means any county where the career offender lives or otherwise establishes or maintains a permanent, temporary, or transient residence.

(d) “Department” means the Department of Law Enforcement.

(e) “Entering the county” includes being discharged from a correctional facility, jail, or secure treatment facility within the county or being under supervision within the county with a career-offender designation as specified in paragraph (a).

(f) “Permanent residence” means a place where the career offender abides, lodges, or resides for 3 or more consecutive days that is the person’s home or other place where the person primarily lives. For the purpose of calculating a permanent residence under this paragraph, the first day that a career offender abides, lodges, or resides at a place is excluded and each subsequent day is counted. A day includes any part of a calendar day.

(g) “Professional license” means the document of authorization or certification issued by an agency of this state for a regulatory purpose, or by any similar agency in another jurisdiction for a regulatory purpose, to a person to engage in an occupation or to carry out a trade or business.

(h)1. “Temporary residence” means a place where the career offender abides, lodges, or resides, including, but not limited to, vacation, business, or personal travel destinations in or out of this state, for 3 or more days in the aggregate during any calendar year that is not the person’s permanent or transient residence. The term includes an in-state travel residence. For a career offender whose permanent residence is not in this state, the term also includes a place where the career offender is employed, practices a vocation, or is enrolled as a student for any period of time in this state. For the purpose of calculating a temporary residence under this paragraph, the first day that a career offender abides, lodges, or resides at a place is excluded and each subsequent day is counted. A day includes any part of a calendar day.

2. The term includes an “in-state travel residence,” which means a temporary residence in this state established by a person who already has an existing permanent, temporary, or transient residence in this state.

(i) “Transient residence” means a county where the career offender lives, remains, or is located for the purpose of abiding, lodging, or residing for a period of 3 or more days in the aggregate during a calendar year that is not the person’s permanent or temporary residence. The term includes, but is not limited to, a place where the career offender sleeps or seeks shelter and a location that has no specific street address. For the purpose of calculating a transient residence under this paragraph, the first day that a career offender lives, remains, or is located in a county for the purpose of abiding, lodging, or residing is excluded and each subsequent day is counted. A day includes any part of a calendar day.

(j) “Vehicles owned” means any motor vehicle as defined in s. 320.01 which is registered, coregistered, leased, titled, or rented by a career offender; a rented vehicle that a career offender is authorized to drive; or a vehicle for which a career offender is insured as a driver. The term also includes any motor vehicle as defined in s. 320.01 which is registered, coregistered, leased, titled, or rented by a person or persons residing at a career offender’s permanent residence for 5 or more consecutive days.

(3) CRITERIA FOR REGISTRATION AS A CAREER OFFENDER.—

(a) A career offender released on or after July 1, 2002, from a sanction imposed in this state must register as required under this section and is subject to community and public notification as provided under subsection (11). If no sanction is imposed, the person is deemed to be released upon conviction. For purposes of this section, a sanction imposed in this state means probation, community control, parole, conditional release, control release, or incarceration in a state prison, federal prison, contractor-operated correctional facility, or local detention facility, and:

1. The career offender has not received a pardon for any felony or other qualified offense that is necessary for the operation of this paragraph; or

2. A conviction of a felony or other qualified offense necessary to the operation of this paragraph has not been set aside in any postconviction proceeding.

(b) This section does not apply to any person who has been designated as a sexual predator and who is required to register under s. 775.21 or who is required to register as a sexual offender under s. 943.0435 or s. 944.607. However, if a person is no longer required to register as a sexual predator under s. 775.21 or as a sexual offender under s. 943.0435 or s. 944.607, the person must register as a career offender under this section if the person is otherwise designated as a career offender as provided in this section.

(c) A person subject to registration as a career offender is not subject to registration as a convicted felon under s. 775.13. However, if the person is no longer required to register as a career offender under this section, the person must register under s. 775.13 if required to do so under that section.

(d) If a career offender is not sentenced to a term of imprisonment, the clerk of the court shall ensure that the career offender’s fingerprints are taken and forwarded to the department within 48 hours after the court renders its finding that an offender is a career offender. The fingerprints shall be clearly marked, “Career Offender Registration.”

(4) INITIAL REGISTRATION.—Upon initial registration, a career offender shall:

(a) Report in person at the sheriff’s office:

1. In the county in which the career offender establishes or maintains a permanent, temporary, or transient residence, within 48 hours after:

a. Establishing a permanent, temporary, or transient residence in this state; or

b. Being released from the custody, control, or supervision of the Department of Corrections or from the custody of a contractor-operated correctional facility or local detention facility; or

2. In the county where he or she was convicted within 48 hours after being convicted for a qualifying offense for registration under this section if the offender is not in the custody or control of, or under the supervision of, the Department of Corrections, or is not in the custody of a contractor-operated correctional facility or local detention facility.

(b)1. Provide his or her name; social security number; race; sex; date of birth; height; weight; hair and eye color; tattoos or other identifying marks; fingerprints; palm prints; photograph; employment information, including occupation, business name, employment address, and telephone number; address of permanent or legal residence and address of any current temporary residence, within the state or out of state, including a rural route address and a post office box; if he or she has no permanent or temporary address, any transient residence within this state; address, location or description, and dates of any current or known future temporary residence within this state or out of state; the make, model, color, vehicle identification number (VIN), and license tag number of all vehicles owned; all home telephone numbers and cellular telephone numbers; date and place of each conviction; and a brief description of the crime or crimes committed by the career offender. A post office box may not be provided in lieu of a physical residential address. The career offender shall also produce his or her passport, if he or she has a passport, and, if he or she is an alien, shall produce or provide information about documents establishing his or her immigration status. The career offender shall also provide information about any professional licenses he or she has.

2. If the career offender’s place of residence is a motor vehicle, trailer, mobile home, or manufactured home, as those terms are defined in chapter 320, the career offender shall also provide to the department through the sheriff’s office written notice of the vehicle identification number (VIN); the license tag number; the registration number; and a description, including color scheme, of the motor vehicle, trailer, mobile home, or manufactured home. If a career offender’s place of residence is a vessel, live-aboard vessel, or houseboat, as those terms are defined in chapter 327, the career offender shall also provide to the department through the sheriff’s office written notice of the hull identification number; the manufacturer’s serial number; the name of the vessel, live-aboard vessel, or houseboat; the registration number of the vessel, live-aboard vessel, or houseboat; and a description, including color scheme, of the vessel, live-aboard vessel, or houseboat.

3. Any change in any of the information required to be provided pursuant to this paragraph, including, but not limited to, any change in the career offender’s permanent, temporary, or transient residence; name; home telephone numbers and cellular telephone numbers; employment information; and vehicles owned after the career offender reports in person at the sheriff’s office must be reported in the manner provided in subsections (5)-(8).

(c) Provide any other information determined necessary by the department, including criminal and corrections records; nonprivileged personnel and treatment records; and evidentiary genetic markers, when available. When a career offender registers with the sheriff’s office, the sheriff shall take a photograph, a set of fingerprints, and palm prints of the career offender and forward the photographs, fingerprints, and palm prints to the department, along with the information that the career offender is required to provide pursuant to this section. The sheriff shall promptly provide to the department the information received from the career offender.

(d) Within 48 hours after the report required under this subsection, a career offender who is not incarcerated and who resides in the community, including a career offender under the supervision of the Department of Corrections pursuant to s. 944.608, shall report in person at a driver license office of the Department of Highway Safety and Motor Vehicles, unless a driver license or identification card that complies with s. 322.141(3) was previously secured or updated under s. 944.608. At the driver license office, the career offender shall:

1. If otherwise qualified, secure a Florida driver license, renew a Florida driver license, or secure an identification card. The career offender shall identify himself or herself as a career offender who is required to comply with this section and shall provide proof that the career offender reported as required in this subsection. The career offender shall provide any of the information specified in this subsection, if requested. The career offender shall submit to the taking of a photograph for use in issuing a driver license, renewed license, or identification card, and for use by the department in maintaining current records of career offenders.

2. Pay the costs assessed by the Department of Highway Safety and Motor Vehicles for issuing or renewing a driver license or identification card as required by this section. The driver license or identification card issued must be in compliance with s. 322.141(3).

3. Provide, upon request, any additional information necessary to confirm the identity of the career offender, including a set of fingerprints.

(5) MAINTAINING REGISTRATION.—

(a) Each time a career offender’s driver license or identification card is subject to renewal, and, without regard to the status of the career offender’s driver license or identification card, within 48 hours after any change in the career offender’s name by reason of marriage or other legal process, the career offender must report in person to a driver license office and shall be subject to the requirements specified in paragraph (4)(d). The Department of Highway Safety and Motor Vehicles shall forward to the department and to the Department of Corrections all photographs and information provided by career offenders. Notwithstanding the restrictions set forth in s. 322.142, the Department of Highway Safety and Motor Vehicles may release a reproduction of a color-photograph or digital-image license to the department for purposes of public notification of career offenders as provided in this section and ss. 775.26 and 944.609. A career offender who is unable to secure or update a driver license or an identification card with the Department of Highway Safety and Motor Vehicles as provided in paragraph (4)(d) and this subsection shall report any change in the career offender’s name by reason of marriage or other legal process within 48 hours after the change in person to the sheriff’s office in the county where the career offender resides or is located. The reporting requirements under this paragraph do not negate the requirement for a career offender to obtain a Florida driver license or an identification card as required in this section.

(b) A career offender shall report in person to the sheriff’s office within 48 hours after any change in vehicles owned to report those vehicle information changes.

(c) A career offender shall register all changes to his or her home telephone numbers and cellular telephone numbers, including added and deleted numbers, and all changes to employment information, including the creation of a new business if self-employed, in person at the sheriff’s office, or in person at the Department of Corrections if the career offender is in the custody or control, or under the supervision, of the Department of Corrections. All changes required to be reported under this paragraph must be reported within 48 hours after the change.

(d) If the career offender is in the custody of a local jail, the custodian of the local jail shall notify the department within 3 business days after intake of the career offender for any reason and upon release. The custodian of the local jail shall also take a digitized photograph of the career offender while the career offender remains in custody and shall provide the digitized photograph to the department. The custodian shall notify the department if the career offender escapes from custody or dies.

(6) ESTABLISHING A RESIDENCE WITHIN THIS STATE AFTER INITIAL REGISTRATION.—

(a) Each time a career offender’s driver license or identification card is subject to renewal, and, without regard to the status of the career offender’s driver license or identification card, within 48 hours after any change in the career offender’s permanent, temporary, or transient residence, the career offender must report in person to a driver license office and shall be subject to the requirements specified in paragraph (4)(d). The Department of Highway Safety and Motor Vehicles shall forward to the department and to the Department of Corrections all photographs and information provided by career offenders. Notwithstanding the restrictions set forth in s. 322.142, the Department of Highway Safety and Motor Vehicles may release a reproduction of a color-photograph or digital-image license to the department for purposes of public notification of career offenders as provided in this section and ss. 775.26 and 944.609. A career offender who is unable to secure or update a driver license or an identification card with the Department of Highway Safety and Motor Vehicles as provided in paragraph (4)(d) and this subsection shall report any change in the career offender’s permanent, temporary, or transient residence within 48 hours after the change in person to the sheriff’s office in the county where the career offender resides or is located. The reporting requirements under this paragraph do not negate the requirement for a career offender to obtain a Florida driver license or an identification card as required in this section. This paragraph does not apply to an in-state travel residence.

(b) A career offender shall report an in-state travel residence within 48 hours after establishing the residence. The report shall be made in person at the sheriff’s office in the county in which the career offender is located, or in person at the Department of Corrections if the career offender is in the custody or control, or under the supervision of, the Department of Corrections.

(c) A career offender who vacates a permanent, temporary, or transient residence and fails to establish or maintain another permanent, temporary, or transient residence shall, within 48 hours after vacating the permanent, temporary, or transient residence, report in person to the sheriff’s office of the county in which he or she is located. The career offender shall specify the date upon which he or she intends to or did vacate such residence. The career offender must provide or update all of the registration information required under paragraph (4)(b). The career offender must provide an address for the residence or other place where he or she is or will be located during the time in which he or she fails to establish or maintain a permanent, temporary, or transient residence.

(d) A career offender who remains at a permanent, temporary, or transient residence after reporting his or her intent to vacate such residence shall, within 48 hours after the date upon which the career offender indicated he or she would or did vacate such residence, report in person to the agency to which he or she reported pursuant to paragraph (c) for the purpose of reporting his or her address at such residence. When the sheriff receives the report, the sheriff shall promptly provide the information to the department. An offender who makes a report as required under paragraph (c) but fails to make a report as required under this paragraph commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(7) ESTABLISHING A NON-FLORIDA RESIDENCE.—

(a) A career offender who intends to establish a permanent, temporary, or transient residence in another state or jurisdiction other than the State of Florida shall report in person to the sheriff of the county of current residence at least 48 hours before the date he or she intends to leave this state to establish residence in another state or jurisdiction other than the State of Florida. Any travel that is not known by the career offender 48 hours before he or she intends to establish a residence in another state or jurisdiction must be reported in person to the sheriff’s office as soon as possible before departure. If the career offender is under the supervision of the Department of Corrections, the career offender shall notify the supervising probation officer of his or her intent to transfer supervision, satisfy all transfer requirements pursuant to the Interstate Compact for Supervision of Adult Offenders, as provided in s. 949.07, and abide by the decision of the receiving jurisdiction to accept or deny transfer. The career offender must provide to the sheriff the address, municipality, county, and state or jurisdiction of intended residence. The sheriff shall promptly provide to the department the information received from the career offender. The failure of a career offender to provide his or her intended place of residence is punishable as provided in subsection (13).

(b) A career offender who indicates his or her intent to establish a permanent, temporary, or transient residence in another state or jurisdiction other than the State of Florida and later decides to remain in this state shall, within 48 hours after the date upon which the career offender indicated he or she would leave this state, report in person to the sheriff’s office to which the career offender reported the intended change of permanent, temporary, or transient residence and report his or her intent to remain in this state. The sheriff shall promptly report this information to the department. A career offender who reports his or her intent to establish a permanent, temporary, or transient residence in another state or jurisdiction other than the State of Florida, but who remains in this state without reporting to the sheriff in the manner required by this paragraph, commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(8) ANNUAL REREGISTRATION REQUIREMENT.—

(a) A career offender must report in person each year during the month of the career offender’s birthday to the sheriff’s office in the county in which he or she maintains a permanent, temporary, or transient residence or is otherwise located to reregister.

(b) The sheriff’s office may determine the appropriate times and days for reporting by the career offender, which must be consistent with the reporting requirements of this subsection. Reregistration must include any changes to the following information:

1. Name; social security number; race; sex; date of birth; height; weight; hair and eye color; tattoos or other identifying marks; fingerprints; palm prints; photograph; employment information, including occupation, business name, employment address, and telephone number; address of permanent residence and address of any current temporary residence, within the state or out of state, including a rural route address and a post office box; if he or she has no permanent or temporary address, any transient residence within this state; address, location or description, and dates of any current or known future temporary residence within the state or out of state; the make, model, color, vehicle identification number (VIN), and license tag number of all vehicles owned; and all home telephone numbers and cellular telephone numbers. A post office box may not be provided in lieu of a physical residential address. The career offender shall also produce his or her passport, if he or she has a passport, and, if he or she is an alien, shall produce or provide information about documents establishing his or her immigration status. The career offender shall also provide information about any professional licenses he or she has.

2. If the career offender’s place of residence is a motor vehicle, trailer, mobile home, or manufactured home, as those terms are defined in chapter 320, the career offender shall also provide the vehicle identification number (VIN); the license tag number; the registration number; and a description, including color scheme, of the motor vehicle, trailer, mobile home, or manufactured home. If the career offender’s place of residence is a vessel, live-aboard vessel, or houseboat, as those terms are defined in chapter 327, the career offender shall also provide the hull identification number; the manufacturer’s serial number; the name of the vessel, live-aboard vessel, or houseboat; the registration number of the vessel, live-aboard vessel, or houseboat; and a description, including color scheme, of the vessel, live-aboard vessel, or houseboat.

(c) The sheriff’s office shall electronically submit to and update with the department, in a manner prescribed by the department, all such information provided by the career offender within 2 business days after the career offender provides it to the sheriff’s office.

(9) VERIFICATION.—County and local law enforcement agencies, in conjunction with the department, shall verify the addresses of career offenders who are not under the care, custody, control, or supervision of the Department of Corrections at least one time per calendar year, and may verify the addresses of career offenders who are under the care, custody, control, or supervision of the Department of Corrections. Local law enforcement agencies shall report to the department any failure by a career offender to comply with registration requirements.

(10) RELIEF FROM REGISTRATION.—A career offender must maintain registration with the department for the duration of his or her life, unless the career offender has received a full pardon or has had a conviction set aside in a postconviction proceeding for any offense or offenses that meet the criteria for classifying the person as a career offender for purposes of registration. However, a career offender shall be considered for removal of the requirement to register as a career offender only if he or she has been lawfully released from confinement, supervision, or sanction, whichever is later, for at least 20 years and has not been arrested for any felony or misdemeanor offense since release.

(a) If the career offender meets the criteria in this subsection, the career offender may, for the purpose of removing the requirement for registration as a career offender, petition the criminal division of the circuit court of the circuit in which the career offender designation initially occurred for the purpose of removing the requirement for registration as a career offender.

(b) The court may grant or deny such relief if the career offender demonstrates to the court that he or she has not been arrested for any crime since release and the court is otherwise satisfied that the career offender is not a current or potential threat to public safety. The department and the state attorney in the circuit in which the petition is filed must be given notice of the petition at least 3 weeks before the hearing on the matter. The department and the state attorney may present evidence in opposition to the requested relief or may otherwise demonstrate the reasons why the petition should be denied. If the court denies the petition, the court may set a future date at which the career offender may again petition the court for relief, subject to the standards for relief provided in this subsection.

(c) The department shall remove a person from classification as a career offender for purposes of registration if the person provides to the department a certified copy of the court’s written findings or order that indicates that the person is no longer required to comply with the requirements for registration as a career offender.

(11) COMMUNITY AND PUBLIC NOTIFICATION.—

(a) Law enforcement agencies may inform the community and the public of the presence of a career offender in the community. Upon notification of the presence of a career offender, the sheriff of the county or the chief of police of the municipality where the career offender establishes or maintains a permanent, temporary, or transient residence may notify the community and the public of the presence of the career offender in a manner deemed appropriate by the sheriff or the chief of police.

(b) The sheriff or the police chief may coordinate the community and public notification efforts with the department. Statewide notification to the public is authorized, as deemed appropriate by local law enforcement personnel and the department.

(c)1. The department is responsible for the online maintenance of the current information regarding each career offender. The department must maintain hotline access for state, local, and federal law enforcement agencies to obtain instantaneous locator file and criminal characteristics information on release and registration of career offenders for the purposes of monitoring, tracking, and prosecution. The photograph and fingerprints need not be stored in a computerized format.

2. The department’s career offender registration list is a public record. The department may disseminate this public information by any means deemed appropriate, including operating a toll-free telephone number for this purpose. When the department provides information regarding a career offender to the public, department personnel must advise the person making the inquiry that positive identification of a person believed to be a career offender cannot be established unless a fingerprint comparison is made, and that it is illegal to use public information regarding a career offender to facilitate the commission of a crime.

3. The department shall adopt guidelines as necessary regarding the registration of a career offender and the dissemination of information regarding a career offender as required by this section. However, the department may not display on or disseminate through the Internet public registry maintained by the department any information regarding a vehicle that is owned by a person who is not required to register as a career offender.

(12) IMMUNITY.—The department, the Department of Highway Safety and Motor Vehicles, the Department of Corrections, any law enforcement agency in this state, and the personnel of those departments; an elected or appointed official, public employee, or school administrator; or an employee, agency, or any individual or entity acting at the request or upon the direction of any law enforcement agency is immune from civil liability for damages for good faith compliance with the requirements of this section or for the release of information under this section and shall be presumed to have acted in good faith in compiling, recording, reporting, or releasing the information. The presumption of good faith is not overcome if a technical or clerical error is made by the department, the Department of Highway Safety and Motor Vehicles, the Department of Corrections, the personnel of those departments, or any individual or entity acting at the request or upon the direction of any of those departments in compiling or providing information, or if information is incomplete or incorrect because a career offender fails to report or falsely reports his or her current place of permanent, temporary, or transient residence.

(13) PENALTIES.—

(a) Except as otherwise specifically provided, a career offender who fails to register; who fails, after registration, to maintain, acquire, or renew a driver license or an identification card; who fails to provide required location information or change-of-name information; who fails to provide all home telephone numbers and cellular telephone numbers; who fails to report any changes to employment information, including the addition of new employment, termination of existing employment, and changes to the occupation, business name, employment address, and telephone number of previously reported employment; who fails to report any changes to vehicles owned, including the addition of new vehicles and changes to the make, model, color, vehicle identification number (VIN), and license tag numbers of previously reported vehicles; who fails to make a required report in connection with vacating a permanent residence; who fails to reregister as required; who fails to respond to any address verification correspondence from the department or from county or local law enforcement agencies within 3 weeks after the date of the correspondence; who knowingly provides false registration information by act or omission; or who otherwise fails, by act or omission, to comply with the requirements of this section, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Each instance of failure to register or report changes to the required information specified in this paragraph constitutes a separate offense.

(b) A career offender who commits any act or omission in violation of this section, s. 944.608, or s. 944.609 may be prosecuted for the act or omission in the county in which the act or omission was committed, in the county of the last registered address of the career offender, in the county in which the conviction occurred for the offense or offenses that meet the criteria for designating a person as a career offender, in the county in which he or she was designated a career offender, in the county where the career offender was released from incarceration, or in the county of the intended address of the career offender as reported by the offender before his or her release from incarceration.

(c) An arrest on charges of failure to register when the career offender has been provided and advised of his or her statutory obligations to register under this section, the service of an information or a complaint for a violation of this section, or an arraignment on charges for a violation of this section constitutes actual notice of the duty to register. A career offender’s failure to register immediately as required by this section following such arrest, service, or arraignment constitutes grounds for a subsequent charge of failure to register. A career offender charged with the crime of failure to register who asserts, or intends to assert, a lack of notice of the duty to register as a defense to a charge of failure to register shall immediately register as required by this section. A career offender who is charged with a subsequent failure to register may not assert the defense of a lack of notice of the duty to register. Registration following such arrest, service, or arraignment is not a defense and does not relieve the career offender of criminal liability for the failure to register.

(d) Any person who misuses public records information concerning a career offender, as defined in this section, or a career offender, as defined in s. 944.608 or s. 944.609, to secure a payment from such career offender; who knowingly distributes or publishes false information concerning such a career offender which the person misrepresents as being public records information; or who materially alters public records information with the intent to misrepresent the information, including documents, summaries of public records information provided by law enforcement agencies, or public records information displayed by law enforcement agencies on websites or provided through other means of communication, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(14) PENALTIES FOR ASSISTING IN CAREER OFFENDER NONCOMPLIANCE.—Any person who has reason to believe that a career offender is not complying, or has not complied, with the requirements of this section and who, with the intent to assist the career offender in eluding a law enforcement agency that is seeking to find the career offender to question the career offender about, or to arrest the career offender for, his or her noncompliance with the requirements of this section:

(a) Withholds information from, or does not notify, the law enforcement agency about the career offender’s noncompliance with the requirements of this section and, if known, the whereabouts of the career offender;

(b) Harbors or attempts to harbor, or assists another person in harboring or attempting to harbor, the career offender;

(c) Conceals or attempts to conceal, or assists another person in concealing or attempting to conceal, the career offender; or

(d) Provides information to the law enforcement agency regarding the career offender which the person knows to be false information,

commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.