The Florida Senate

944.607  Notification to Department of Law Enforcement of information on sex offenders.--

(1)  As used in this section, the term:

(a)  "Sex offender" means a person who is in the custody or control of, or under the supervision of, the department or is in the custody of a private correctional facility on or after October 1, 1997, as a result of a conviction for committing, or attempting, soliciting, or conspiring to commit, any of the criminal offenses proscribed in the following statutes in this state or analogous offenses in another jurisdiction: s. 787.025, chapter 794, s. 796.03, s. 800.04, s. 827.071, s. 847.0133, s. 847.0135, s. 847.0145, or any similar offense committed in this state which has been redesignated from a former statute number to one of those listed in this paragraph.

(b)  "Conviction" means a determination of guilt as a result of a plea or trial, regardless of whether adjudication is withheld.

(2)  In addition to notification and transmittal requirements imposed by any other provision of law, the department shall compile information on any sex offender and provide the information to the Department of Law Enforcement. The information shall be made available electronically to the Department of Law Enforcement as soon as this information is in the department's database and must be in a format that is compatible with the requirements of the Florida Crime Information Center.

(3)  The information provided to the Department of Law Enforcement must include:

(a)  The name of the sex offender and any alias, if known;

(b)  The sex offender's most current address and place of permanent or temporary residence, including the name of the county or municipality in which the offender permanently or temporarily resides and, if known, the intended place of permanent or temporary residence upon satisfaction of all sanctions;

(c)  The legal status of the sex offender and the scheduled termination date of that legal status;

(d)  The location of, and local telephone number for, any office of probation, community control, parole, conditional release, or control release which is responsible for supervising the sex offender;

(e)  An indication of whether the victim of the offense that resulted in the offender's status as a sex offender was a minor;

(f)  A physical description of the sex offender;

(g)  The offense or offenses at conviction which resulted in the determination of the offender's status as a sex offender; and

(h)  A digitized photograph of the sex offender which must have been taken within 60 days before the offender is released from the custody of the department or a private correctional facility by expiration of sentence under s. 944.275 or must have been taken by January 1, 1998, or within 60 days after the onset of the department's supervision of any sex offender who is on probation, community control, conditional release, parole, provisional release, or control release or who is supervised by the department under the Interstate Compact Agreement for Probationers and Parolees. If the sex offender is in the custody of a private correctional facility, the facility shall take a digitized photograph of the sex offender within the time period provided in this paragraph and shall provide the photograph to the department.

If any information provided by the department changes during the time the sex offender is under the department's control, custody, or supervision, the department shall update the information and provide it to the Department of Law Enforcement in the manner prescribed in subsection (2).

(4)  The department and its personnel are immune from civil liability for damages for good faith compliance with this section, and shall be presumed to have acted in good faith in compiling, recording, and providing information. The presumption of good faith is not overcome if technical or clerical errors are made by the department and its personnel in compiling, recording, or providing information, if the information compiled, recorded, or provided by the department and its personnel is incomplete because the information has not been provided to the department by a person or agency required to provide the information, or if the department and its personnel compile, record, or provide information that was falsely reported without the knowledge of the department and its personnel.

History.--s. 9, ch. 97-299.