943.043

Toll-free telephone number; Internet notification; sexual predator and sexual offender information.

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943.043 Toll-free telephone number; Internet notification; sexual predator and sexual offender information.—

(1) The department may notify the public through the Internet of any information regarding sexual predators and sexual offenders which is not confidential and exempt from public disclosure under s. 119.07(1) and s. 24(a), Art. I of the State Constitution. The department shall determine what information shall be made available to the public through the Internet. 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 sexual predator or sexual offender.

(2) The department shall provide, through a toll-free telephone number, public access to registration information regarding sexual predators and sexual offenders and may provide other information reported to the department which is not exempt from public disclosure.

(3) The department shall provide to any person, upon request and at a reasonable cost determined by the department, a copy of the photograph of any sexual offender or sexual predator which the department maintains in its files and a printed summary of the information that is available to the public under this section.

(4) The department, its personnel, and any individual or entity acting at the request or upon the direction of the department are immune from civil liability for damages for good faith compliance with this section and will be presumed to have acted in good faith by reporting information. The presumption of good faith is not overcome if technical or clerical errors are made by the department, its personnel, or any individual or entity acting at the request or upon the direction of the department in reporting the information, if the department and its personnel are unable to report information because the information has not been provided or reported by a person or agency required to provide or report the information to the department, or if the department, its personnel, or any individual or entity acting at the request or upon the direction of the department reports information that was falsely reported without the knowledge of the department, its personnel, or such individual or entity.

(5) In an effort to ensure that sexual predators and sexual offenders who fail to respond to address-verification attempts or who otherwise abscond from registration are located in a timely manner, the department shall share information with local law enforcement agencies. The department shall use analytical resources to assist local law enforcement agencies to determine the potential whereabouts of any sexual predator or sexual offender who fails to respond to address-verification attempts or who otherwise absconds from registration. The department shall review and analyze all available information concerning any such predator or offender who fails to respond to address-verification attempts or who otherwise absconds from registration and provide the information to local law enforcement agencies in order to assist the agencies in locating and apprehending the sexual predator or sexual offender.

History.—s. 7, ch. 97-299; s. 6, ch. 98-81; s. 8, ch. 2005-28; s. 4, ch. 2014-5.

Notes of Decisions

Cited in 6 cases (1 in the last 5 years), 2005–2022 · leading case: Jane Doe v. Richard L. Swearingen

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Jane Doe v. Richard L. Swearingen (2022) ca11 · cites it 2× “97- 299, § 7, codified at Fla. Stat. § 943.043 (1997). Over the next twenty years, these provisions were amended over a dozen times, resulting in a more expansive regulatory re- gime.”

John Doe v. James T. Moore (2005) ca11 “BIRCH, Circuit Judge: In this putative class action, initiated by ten John Does and one Jane Doe (collectively “Appellants”) on behalf of themselves and others similarly situated, we determine whether Florida’s sex offender registration/notification scheme (“Sex Offender Act”)…”

Bank of America Corp. v. Valladares (2014) fladistctapp · cites it 2× “(2013) (reporting missing children); § 943.043(4), Fla. Stat. (2013) (providing information on sexual predators and sexual offenders); § 1003.”

Bolware v. State (2008) fla “§§ 943.043, 944.606(2). The statute also prohibits sexual predators from working or volunteering in schools, playgrounds, or other places where "children regularly congregate.”

Mosley v. State (2016) fladistctapp “Because the state was required to establish at least one qualifying sexual assault conviction and the jury may believe or reject any evidence put before it, the state was entirely within its right to put forth evidence to prove every conviction that brought the appellant within…”

Vega v. State (2016) fladistctapp · cites it 4× “(2016) (requiring sexual offenders to report to a sheriff’s office “for registration”); § 943.043, Fla. Stat. (2016) (authorizing the department of law enforcement to notify the public through the Internet and other means of any information not confidential or exempt regarding…”

— 943.043(4) — 1 case

Bank of America Corp. v. Valladares (2014) fladistctapp “(2013) (reporting missing children); § 943.043(4), Fla. Stat. (2013) (providing information on sexual predators and sexual offenders); § 1003.”

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