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The Florida Department of Law Enforcement: Florida Sexual Offenders and Predators, Charting a Course for Public Safety
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FDLE Legal Bulletin - 2007 Guidelines to Florida Sex Offender Laws

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INTRODUCTION

SEXUAL PREDATORS


SEXUAL OFFENDERS

REGISTRATION & RESTRICTIONS

CAMPUS SEX CRIME PREVENTION ACT (CSCPA)

  COMMUNITY NOTIFICATION

INVOLUNTARY CIVIL COMMITMENT
 

INTRODUCTION

Through the Public Safety Information Act of 1997, Florida became the first state to list sexual predators and offenders on the Internet and to make the same information available through a 24-hour/day hotline.  This Act allowed the Florida Department of Law Enforcement to give the public access to information important to their ability to protect themselves and their families against sexual offenders.  Since that time, Florida has continued to lead the nation in legislating strong registration and related sexual offender laws, and effectively implementing these laws through the dedicated efforts of criminal justice partners across the state.

At the time the Public Safety Information Act passed, Florida had 471 sexual predators and approximately 8,000 sexual offenders listed in the database.  Today, ten years later, that number has grown to more than 6,300 registered predators and 37,000 registered offenders.  Despite the increased volume of registrants, Florida has responded quickly and favorably to the changing demands of state and federal laws as well as the logistical requirements that come with this much larger group of registrants.

From the beginning, Florida has benefited from great support and cooperation from all of our State’s criminal justice partners at the local, state, and national levels in implementing a system of sexual predator/offender registration and verification which continues to ensure that important information and updates are available to citizens and criminal justice partners as soon as possible.  Indeed, it is the continuing spirit of cooperation among all criminal justice partners and the citizens of Florida that ensures that Florida’s registry is as up-to-date and accurate as possible, despite the great challenges to the success of this demanding process.  Our state enjoys national recognition as the leader and a model in the strength of our law and in the successful partnership that makes those laws work. 

Most importantly, because of these integrated efforts, Florida’s public is advised of potential predators/offenders in a timely fashion, and predators and offenders are more closely monitored and controlled.  Ultimately, this information makes Florida’s citizens – especially our children – much safer.

Please Note: The designation of a person as a sexual predator or a sexual offender is neither a sentence nor a punishment but simply a status resulting from the conviction of certain crimes.  

SEXUAL PREDATORS

Section 775.21(3), Florida Statutes:

Legislative Findings, Purpose, and Intent

(a) Repeat sexual offenders, sexual offenders who use physical violence, and sexual offenders who prey on children are sexual predators who present an extreme threat to the public safety. Sexual offenders are extremely likely to use physical violence and to repeat their offenses, and most sexual offenders commit many offenses, have many more victims than are ever reported, and are prosecuted for only a fraction of their crimes. This makes the cost of sexual offender victimization to society at large, while incalculable, clearly exorbitant.

(b) The high level of threat that a sexual predator presents to the public safety, and the long-term effects suffered by victims of sex offenses, provide the state with sufficient justification to implement a strategy that includes:

1. Incarcerating sexual predators and maintaining adequate facilities to ensure that decisions to release sexual predators into the community are not made on the basis of inadequate space.

2. Providing for specialized supervision of sexual predators who are in the community by specially trained probation officers with low caseloads, as described in ss. 947.1405(7) and 948.30.  The sexual predator is subject to specified terms and conditions implemented at sentencing or at the time of release from incarceration, with a requirement that those who are financially able must pay all or part of the costs of supervision.

3. Requiring the registration of sexual predators, with a requirement that complete and accurate information be maintained and accessible for use by law enforcement authorities, communities, and the public.

4. Providing for community and public notification concerning the presence of sexual predators.

5. Prohibiting sexual predators from working with children, either for compensation or as a volunteer.

(c) The state has a compelling interest in protecting the public from sexual predators and in protecting children from predatory sexual activity, and there is sufficient justification for requiring sexual predators to register and for requiring community and public notification of the presence of sexual predators.

(d) It is the purpose of the Legislature that, upon the court's written finding that an offender is a sexual predator, in order to protect the public, it is necessary that the sexual predator be registered with the department and that members of the community and the public be notified of the sexual predator's presence. The designation of a person as a sexual predator is neither a sentence nor a punishment but simply a status resulting from the conviction of certain crimes.

(e) It is the intent of the Legislature to address the problem of sexual predators by:

1. Requiring sexual predators supervised in the community to have special conditions of supervision and to be supervised by probation officers with low caseloads;

2. Requiring sexual predators to register with the Florida Department of Law Enforcement, as provided in this section; and

3. Requiring community and public notification of the presence of a sexual predator, as provided in this section. 

 

 SEXUAL PREDATORS

Who Qualifies?

CAUTION:  Under Florida law, not all sex offenders are sexual predators.  A court must make a specific finding that an offender is a sexual predator before that offender can be officially designated as a sexual predator and be subject to Florida’s sexual predator registration and notification requirements. See Sexual Offenders section in this booklet for more information.  Law enforcement should use caution when evaluating an offender’s criminal convictions and in determining the appropriate designation, registration, and notification requirements.   

What constitutes a Sexual Predator?

There are three ways a person can be qualified and designated as a sexual predator in the state of Florida and, therefore, be required to comply with Florida’s sexual predator registration laws: 

1)  “One is Enough” - Commit one specified offense on or after October 1, 1993, in Florida or in another jurisdiction, be convicted of such offense, and have a court enter a finding that such person is a sexual predator;  

OR

2)  "Second Strike" – Commit one specified offense on or after October 1, 1993, in Florida or in another jurisdiction, after having previously been convicted of or found to have committed, or pled nolo contendere or guilty to, regardless of adjudication, one or more of specified sexual offenses, and have a court enter a finding that such person is a sexual predator.  

OR

3)  Civil Commitment - An offender who has been determined to be a sexually violent predator pursuant to a civil commitment proceeding under chapter 394 shall be designated as a "sexual predator" under this section and is subject to registration and community and public notification.  {Section 775.21(4)}

In any instance, a written finding designating the qualifying individual as a sexual predator must be issued from the court to establish the designation of Sexual Predator. 

What constitutes a “conviction”?

For purposes of determining qualifying offenses for the Sexual Predator designation, the term conviction means a determination of guilt which is the result of a trial or the entry of a plea of guilty or nolo contendere, regardless of whether adjudication is withheld. A conviction for a similar offense includes, but is not limited to, a conviction by a federal or military tribunal, including courts-martial conducted by the Armed Forces of the United States, and includes a conviction or entry of a plea of guilty or nolo contendere resulting in a sanction in any state of the United States or other jurisdiction.  A sanction includes, but is not limited to, a fine, probation, community control, parole, conditional release, control release, or incarceration in a state prison, federal prison, private correctional facility, or local detention facility.  {Section 775.21(2)(c)}  

 

“ONE IS ENOUGH”: SEXUAL PREDATOR QUALIFYING OFFENSES

A sexual predator is an offender who has received a conviction for an offense listed below that was committed ON or AFTER October 1, 1993.  Such offender must be designated as a sexual predator by a court finding. {Section 775.21(4)(a), (c), and (5)}

Capital, Life,
First- Degree Felony Violation or
Any Attempt thereof		 s. 787.01*  Kidnapping   
Where the victim is a minor and the defendant is not the victim’s parent or guardian
s. 787.02*  False imprisonment   
Where the victim is a minor and the defendant is not the victim’s parent or guardian
s. 794.011  Sexual Battery
s. 800.04 Lewd/lascivious offenses committed upon or in the presence of persons less than 16 years of age
s. 847.0145 Selling or buying of minors for portrayal in a visual depiction engaging in sexually explicit conduct
Or Any violation of a similar law of another jurisdiction

*NOTE: Before using a Kidnapping or False Imprisonment conviction to determine if an offender is a sexual predator, current case law in Florida should be consulted for applicable interpretation and application of these convictions.

Provided that:

The individual has not received a pardon for any felony or similar law of another jurisdiction that is a qualifying offense; {Section 775.21(4)(a)2.}

AND

 A conviction of a felony or similar law of another jurisdiction that is a qualifying offense has not been set-aside in any post conviction proceeding. {Section 775.21(4)(a)3}

AND

   In order to be counted as a prior felony for purposes of this subsection, the felony must have resulted in a conviction sentenced separately, or an adjudication of delinquency entered separately, prior to the current offense and sentenced or adjudicated separately from any other felony conviction that is to be counted as a prior felony. {Section 775.21(4)(b)}


 

"SECOND STRIKE": SEXUAL PREDATOR QUALIFYING OFFENSES

 A sexual predator is an individual who has received a conviction for an offense provided in Chart 1 below that was committed ON or AFTER October 1, 1993. **

AND

 The individual has previously been convicted of or found to have committed or has pled nolo contendere or guilty to, regardless of adjudication, any violation of the listed offenses provided in Chart 2 below.

The individual must be designated as a sexual predator by a court finding. {Section 775.21(4)(a)1.b}

Chart1

Any Felony violation OR Any Attempt thereof    s. 787.01* Kidnapping  
Where the victim is a minor and the defendant is not the victim’s parent or guardian
s. 787.02* False imprisonment   
Where the victim is a minor and the defendant is not the victim’s parent or guardian
s. 787.025(2)(c) Luring or enticing a child   
Where the victim is a minor and the defendant is not the victim’s parent or guardian
s. 794.011 Sexual battery, excluding s. 794.011(10)
s. 796.03 Procuring a person under the age of 18 for prostitution
s. 796.035 Selling or buying of minors into sex trafficking or prostituion
s. 800.04 Lewd/lascivious offenses committed upon or in the presence of persons less than 16 years of age
s. 825.1025
(2)(b) 		Lewd/lascivious offenses committed upon or in the presence of an elderly person or disabled adult
s. 827.071 Sexual performance by a child     
s. 847.0145 Selling or buying of minors (for portrayal in a visual depiction engaging in sexually explicit conduct)
s. 985.701(1) Sexual misconduct
Or A violation of a similar law of another jurisdiction

*NOTE: Before using a Kidnapping or False Imprisonment conviction to determine if an offender is a sexual predator, current case law in Florida should be consulted for applicable interpretation and application of these convictions.

Chart2

s. 787.01* Kidnapping.  Where the victim is a minor and the defendant is not the victim’s parent or guardian
s. 787.02* False imprisonment.  Where the victim is a minor and the defendant is not the victim's parent or guardian
s. 787.025(2)(c) Luring or enticing a child.  Where the victim is a minor and the defendant is not the victim’s parent or guardian
s. 794.011 Sexual battery, excluding 794.011(10)
s. 794.05 Unlawful sexual activity with certain minors
s. 796.03 Procuring person under age of 18 for prostitution
s. 796.035 Selling or buying of minors into sex trafficking or prostitution
s. 800.04 Lewd, lascivious, offenses committed upon or in the presence of persons less than 16 years of age
s. 825.1025 Lewd, lascivious, offenses committed upon or in the presence of an elderly person or disabled adult.
s. 827.071 Sexual performance by a child
s. 847.0133 Protection of minors; prohibition of certain acts in connection with obscenity
s. 847.0135 Computer pornography, excluding 847.0135(4)
s. 847.0145 Selling or buying of minors (for portrayal in a visual depiction engaging in sexually explicit conduct)
s. 985.701(1) Sexual misconduct
Or A violation of a similar law of another jurisdiction

*NOTE: Before using a Kidnapping or False Imprisonment conviction to determine if an offender is a sexual predator, current case law in Florida should be consulted for applicable interpretation and application of these convictions.

 Provided that:

The individual has not received a pardon for any felony or similar law of another jurisdiction that is a qualifying offense; {Section 775.21(4)(a)2}

AND

A conviction of a felony or similar law of another jurisdiction that is a qualifying offense has not been set aside in any post conviction proceeding; {Section 775.21(4)(a)3}

AND

In order to be counted as a prior felony for purposes of this subsection, the felony must have resulted in a conviction sentenced separately, or an adjudication of delinquency entered separately, prior to the current offense and sentenced or adjudicated separately from any other felony conviction that is to be counted as a prior felony. {Section 775.21(4)(b)}



SEXUAL PREDATOR REQUIREMENTS

What constitutes a “permanent residence” and a “temporary residence”?

Florida registration law define these terms as follows:

A permanent residence means a place where the person abides, lodges, or resides for 5 or more consecutive days.   {Section 775.21(2)(f)}

A temporary residence means a place where the person abides, lodges, or resides for a period of 5 or more days in the aggregate during any calendar year and which is not the person's permanent address; or for a person whose permanent residence is not in this state, a place where the person is employed, practices a vocation, or is enrolled as a student for any period of time in this state.

Sexual predators…

  • Who have registered as required under s. 775.21 are exempt from convicted felon registration as defined by s. 775.13. {Section 775.13(5)(e)}
  • Are subject to community and public notification. {Sections 775.21(6)(k)2., 775.21(7), 943.043}
  • Must report in person to the Sheriff's Office in the county in which they reside to ReRegister on the month of their birth and every 3rd month thereafter. Failure to do so is a felony of the 3rd degree.
  • Who are not in custody or control of, or under the supervision of the Florida Department of Corrections, or are not in the custody of a private correctional facility, must register in person at the sheriff's office in the county where he/she establishes or maintains a residence within 48 hours after establishing or maintaining a residence in this state; AND at the sheriff's office in the county where he/she was designated a sexual predator by the court within 48 hours after such finding is made. Failure to do so is a felony of the 3rd degree. {Section 775.21(6)(e)1.}
  • Who are under the supervision of the Department of Corrections but who are not incarcerated must register with the Department of Corrections within 3 business days after the court finds the offenders to be a sexual predator. Failure to do so is a felony of the 3rd degree. {Section 775.21(6)(b)
  • Shall report to DHSMV during the month of his/her quarterly ReRegistration, as required by F.S. 775.21(8), in order to obtain an updated or renewed driver's license or identification card displaying the designation: "775.21, F.S.", as required, unless one has been previously secured or updated. Failure to do so is a felony of the 3rd degree. {Section 322.141(3-4)}
  • Who are registering with the Sheriff's Office for the first time must report in person to the driver's license office of the Department of Highway Safety and Motor Vehicles (DHSMV) within 48 hours after the initial registration at the Sheriff's Office to obtain a valid Florida driver's license or identification card displaying the designation: "775.21, F.S.", unless a driver's license or identification card with such designation was previously secured or updated while under the supervision of the Department of Corrections, the Department of Children and Family Services, or the Department of Juvenile Justice and there have been no changes to my address, name or designation. Failure to do so is a felony of the 3rd degree. {Section 322.141(3-4)}
  • Who are enrolled, employed, or carrying on a vocation at an institution of higher education in this state, must provide FDLE with the name, address, and county of each institution, including each campus attended, and the sexual predator's enrollment or employment status. Each change in enrollment or employment status shall be reported in person at the sheriff's office, or the Department of Corrections if the sexual predator is in the custody or control of or under the supervision of the Department of Corrections, within 48 hours after any change in status. Failure to do so is a felony of the 3rd degree. {Section 775.21(6)1.b.}  For more information, see the Campus Sex Crimes Prevention Act section.
  • Who are not incarcerated and who reside in the community (including those under the supervision of the Department of Corrections) must - within 48 hours of initial registration - present proof of initial registration as a predator in person at the DHSMV and secure or renew a driver's license or identification card. Failure to do so is a felony of the 3rd degree     {Section 775.21(6)(f)}
  • Must report in person any change in permanent or temporary residence to DHSMV within 48 hours. Failure to do so is a felony of the 3rd degree {Section 775.21(6)(g)}
  • Must renew in person their driver's license or identification card when subject to renewal. Failure to do so is a felony of the 3rd degree
    {Section 775.21(6)(g)}
  • Who are not in custody or control of, or under the supervision of the Department of Corrections, or are not in the custody of a private correctional facility, must report any change in the their permanent or temporary residence or name to DSHMV, after registering in person at the sheriff's office, in the manner currently provided in 775.21(6). Failure to do so is a felony of the 3rd degree  {Section 775.21(6)(e)}
  • Must report intent to establish residence in another state in person to the sheriff's office within 48 hours before the date they intend to leave Florida. Failure to do so is a felony of the 3rd degree.{Section 775.21(6)(i)}
  • Who indicate their intent to reside in another state or jurisdiction and later decide to remain in this state must, within 48 hours after the date upon which they indicated they would leave this state, notify in person the sheriff's office, to which they reported the intended change of residence, of their intent to remain in this state. Failure to do so is a felony of the 2nd degree. {Section 775.21(6)(j)}
  • Who vacates a permanent residence and fails to establish or maintain another permanent or temporary residence shall, within 48 hours after vacating the permanent residence, report in person to the sheriff's office of the county in which he or she is located. The sexual predator shall specify the date upon which he or she intends to or did vacate such residence. The sexual predator must provide or update all of the registration information required. The sexual predator must provide an address for the residence or other location that he or she is or will be occupying during the time in which he or she fails to establish or maintain a permanent or temporary residence. Failure to do so is a felony of the 3rd degree. {Section 775.21(6)(g)}
  • Who remains at a permanent residence after reporting his or her intent to vacate such residence shall, within 48 hours after the date upon which the predator indicated he or she would or did vacate such residence, report in person to the agency to which he or she reported (see previous paragraph) for the purpose of reporting his or her address at such residence. When the sheriff receives the report, the sheriff shall promptly convey the information to the department. An offender who makes a report as required in the previous paragraph but fails to make a report as required under this paragraph commits a felony of the 2nd degree, punishable as provided  in s. 775.082, s. 775.083, or s. 775.084. {Section 775.21(6)(g)}
  • Must maintain registration with the department for the duration of their life, unless they have received a full pardon or have had a conviction set aside in a post conviction proceeding for any felony sex offense that met the criteria for the sexual predator designation. Failure to do so is a felony of the 3rd degree.  {Section 775.21(6)(l)}
  • Who obtain an order from the court that imposed the order designating them as a sexual predator which removes such designation, shall forward a certified copy of the written findings or order to the department in order to have the sexual predator designation removed from the sexual predator registry. {Section 775.21(6)(l)}
  • Who live in another state but work or attend school in Florida must register both their in-state employment or school address as well as their out-of-state residential address. Failure to do so is a felony of the 3rd degree.   {Section 775.21(6)(l)}
  • Who, except as otherwise specifically provided, fail to register or who fail, after registration, to maintain, acquire, or renew the specified driver's license or identification card or provide required location information, or who otherwise fail, by act or omission, to comply with the requirements of the Sexual Predator Act, commit a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Section 775.21(6)(l)}
  • Who have been convicted of or found to have committed, or have pled nolo contendere or guilty to, regardless of adjudication, any violation of s. 794.011(2), (3), (4), (5), or (8); s. 794.023; s. 800.04; s. 827.071; s. 847.0133; or s. 847.0145, or a violation of a similar law of another jurisdiction, when the victim of the offense was a minor, and who work, whether for compensation or as a volunteer, at any business, school, day care center, park, playground, or other place where children regularly congregate, commit a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. {Section 775.21(10)(b)}


RELIEF OF STATUS AS A SEXUAL PREDATOR

The federal Adam Walsh Child Protection and Safety Act of 2006 does NOT provide for relief from the designation and registration requirements of individuals meeting criteria for the Sexual Predator designation. As such, in accordance with this Act, the ability for a Sexual Predator to petition the court for relief of the designation of Sexual Predator has been removed from Florida law.


 

SEXUAL OFFENDERS

Florida Statute 943.0435

Legislative Findings, Purpose, and Intent

The Legislature finds that sexual offenders, especially those who have committed their offenses against minors, often pose a high risk of engaging in sexual offenses, even after being released from incarceration or commitment and that protection of the public from sexual offenders is a paramount government interest. Sexual offenders have a reduced expectation of privacy because of the public's interest in public safety and in the effective operation of government. Releasing information concerning sexual offenders to law enforcement agencies and to persons who request such information, and the release of such information to the public by a law enforcement agency or public agency, will further the governmental interests of public safety. 

Please Note: The designation of a person as a sexual offender is not a sentence or a punishment, but is simply the status of the offender which is the result of a conviction for having committed certain crimes.

Related Statutes

The chart below provides Florida statutes relating to the designation, registration, and notification requirements concerning sexual offenders. Please refer to the appropriate statute for complete content.

775.21(5)(d); 943.0435(1)(a)1.b. Individuals designated as sexual predators or offenders in another state or jurisdiction
775.24 Restrictions on court entering certain types of orders and method to address improper orders, etc.
775.25 Counties where sex offenders who violate certain registration statutes can be prosecuted
943.043 FDLE Internet site, toll-free number, public access to public records, and immunity clause
943.0435 Primary section for sexual offender definition, designation and registration requirements for qualifying offenders who are not under the care, custody, control, or supervision of the Florida Department of Corrections; immunity clause
944.606 Sexual offender definition and requirements of the Florida Department of Corrections to provide information on sexual offenders who are being released from incarceration for any offense; immunity clause
944.607 Primary section for sexual offender definitions, designation, registration, and notification requirements for qualifying offenders who are in the custody or control of, or under the supervision of the Florida Department of Corrections; in the custody of a private correctional facility or a local jail; or under federal supervision; immunity clause; clerks of court obligations
948.03  Terms and conditions of probation or community control
948.30 Additional terms and conditions of probation or community control for certain sex offenses; includes mandatory conditions for specific sex offenders/predators, including restrictions on residency and specific activities
985.481 Sexual offender definition in terms of juvenile sex offenders required to register under the federal Adam Walsh Child Protection and Safety Act of 2006 and requirements of the Florida Department of Juvenile Justice to provide to FDLE information on juvenile sexual offenders who are being released from confinement for any offense; immunity clause
985.4815 Primary section for juvenile sexual offenders required to register under the federal Adam Walsh Child Protection and Safety Act of 2006 in terms of definitions, designation, registration, and notification requirements for qualifying offenders who are in the care or under the jurisdiction, or supervision of the Florida Department of Juvenile Justice; or in the custody of a private correctional facility; immunity clause; clerks of court obligations


 

 SEXUAL OFFENDERS

Who Qualifies?

CAUTION:  Under Florida law, not all “sex offenders” are “sexual predators”.  A court must make a specific finding that an offender is a sexual predator before that offender can be officially designated as a sexual predator and be subject to Florida’s sexual predator registration and notification requirements. See the Sexual Predators section more information. 

What Constitutes a Sexual Offender?

There are several ways a person can be qualified and designated as a “sexual offender” in the state of Florida and, therefore, be required to comply with Florida’s sexual offender registration laws: 

1. Be convicted of committing, or attempting, soliciting, or conspiring to commit, any of the crimes specified in Chart 1 below (or any similar offense committed in this state which has been redesignated from a former statute number to the one specified); 

AND

 a.  Be in the custody or control of, or under the supervision of, the Florida Department of Corrections, or be in the custody of a private correctional facility, on or after October 1, 1997, as a result of the above conviction(s);

 OR

 b.  On or after October 1, 1997, be released or have been released from the sanction(s) imposed for the above conviction(s). (“Sanction” is defined below.);

OR

2.  Establish or maintain a residence in this state and have not been designated as a sexual predator by a court of this state but have been designated as a sexual predator, as a sexually violent predator, or by another sexual offender designation in another state or jurisdiction and as a result of such designation, are subjected to registration or community or public notification, or both, or would be if a resident of that state or jurisdiction;

 OR

3.  Establish or maintain a residence in this state and be in the custody or control of, or under the supervision of, any other state or jurisdiction as a result of a conviction for committing, or attempting, soliciting, or conspiring to commit, any of the specified criminal offenses listed below (or any similar offense committed in this state which has been redesignated from a former statute number to the one specified).
 {Sections 943.0435(1)(a); 944.606(1)(b); 944.607(1)(a), 985.4815}

 OR

4. Be adjudicated delinquent for committing, or attempting, soliciting, or conspiring to commit on or after July 1, 2007 of any of the crimes specified in Chart 2 below when the juvenile was 14 years of age or older at the time of the offense.


 

Chart 1: Qualifying Adult Convictions
 FOR ADULT ADJUDICATIONS SEE THE CHART BELOW FOR QUALIFYING SEX OFFENSES:
Commission of
OR
Attempt, Solicit, or Conspire to Commit     		s. 787.01* Kidnapping
Where the victim is a minor and the defendant is not the victim’s parent or guardian
s. 787.02* False imprisonment   
Where the victim is a minor and the defendant is not the victim’s parent or guardian
s. 787.025(2)(c) Luring or enticing a child   
Where the victim is a minor and the defendant is not the victim’s parent or guardian
s. 794.011 Sexual battery, excluding s. 794.011(10)
s. 794.05 Unlawful sexual activity with certain minors
s. 796.03 Procuring a person under the age of 18 for prostitution
s.796.035 Selling or buying of minors into sex trafficking or prostitution
s. 800.04 Lewd/lascivious offenses committed upon or in the presence of persons less than 16 years of age
s. 825.1025 Lewd/lascivious offenses committed upon or in the presence of an elderly person or disabled adult
s. 827.071 Sexual performance by a child
s. 847.0133 Protection of minors; prohibition of certain acts in connection with obscenity
s. 847.0135 Computer pornography, excluding s. 847.0135(4)
s. 847.0137 Transmission of child pornography by electronic device/equipment
s. 847.0138 Transmission of material harmful to minors to a minor by electronic device/equipment
s. 847.0145 Selling or buying of minors  
(for portrayal in a visual depiction engaging in sexually explicit conduct)
s. 985.701(1) Sexual misconduct prohibited
Or A violation of a similar law of another jurisdiction

*NOTE: Before using a Kidnapping or False Imprisonment conviction to determine if an offender is a sexual offender, current case law in Florida should be consulted for applicable interpretation and application of these convictions.

Chart 2
 QUALIFYING OFFENSES FOR ADJUDICATIONS OF DELINQUENCY
Commission of
OR
Attempt, Solicit, or Conspire to Commit     		s. 794.011 Sexual battery, excluding s. 794.011(10)
s. 800.04(4)(b) Lewd/lascivious battery where the victim is under 12 or the court finds sexual activity by the use of force or coercion
s. 800.04(5)(c)1 Lewd/lascivious molestation, victim under 12, where the court finds molestation involving unclothed genitals
s. 800.04(5)(d) Lewd/lascivious molestation, victim under 16 but more than 12, where the court finds the use of force or coercion and unclothed genitals
Or A violation of a similar law of another jurisdiction

 

SEXUAL OFFENDER REQUIREMENTS

What constitutes a “conviction”? For purposes of determining qualifying offenses for the sexual offender designation, the term conviction means that there has been a determination of guilt as a result of a trial or the entry of a plea of guilty or nolo contendere, regardless of whether adjudication is withheld, and includes an adjudication of delinquency of a juvenile. Conviction of a similar offense includes, but is not limited to, a conviction by a federal or military tribunal, including courts-martial conducted by the Armed Forces of the United States, and includes a conviction or entry of a plea of guilty or nolo contendere resulting in a sanction in any state of the United States or other jurisdiction.  
{Sections 943.0435(1)(b), 944.606(1)(a), 944.607(1)(b), 948.481(1)(a), 948.4815(1)(b)}

What constitutes a “sanction”?  For purposes of determining qualifying offenses for the sexual offender designation, the term sanction in Florida or in any other jurisdiction includes, but is not limited to, a fine, probation, community control, parole, conditional release, control release, or incarceration in a state prison, federal prison, private correctional facility, or local detention facility.  
{Sections 943.0435(1)(a)2., 944.607(1)(a)}

What constitutes a “permanent residence” and a “temporary residence”?  The applicable Florida statutory provisions define these terms as follows:

The term permanent residence means a place where the person abides, lodges, or resides for 5 or more consecutive days.   {Section 943.0435(1)(c)}

The term temporary residence means a place where the person abides, lodges, or resides for a period of 5 or more days in the aggregate during any calendar year and which is not the person's permanent address;  or for a person whose permanent residence is not in this state, a place where the person is employed, practices a vocation, or is enrolled as a student for any period of time in this state.

Sexual Offenders…

  • Who have registered as required under s. 943.0435 or s. 944.607 are exempt from convicted felon registration as defined by s. 775.13. {Section 775.13(5)(f)}
  • Are subject to community and public notification.
    {Sections 775.21(5)(d); 943.043; 943.0435(10); 944.606(2), (3)(d), (4); 944.607(11); 985.481(2), (3)2.(c), (4); 985.4815(11)}
  • Must report in person to the Sheriff's Office in the county in which they reside to ReRegister on the month of their birth and every 6th or 3rd month thereafter, as specified by s. 943.0435(14). Failure to do so is a felony of the 3rd degree.
  • Who are not in the custody or control of, or under the supervision of the Florida Department of Corrections or Department of Juvenile Justice, or are not in the custody of a private correctional facility, must register in person at the Sheriff's Office in the county where he/she establishes or maintains a residence within 48 hours after establishing or maintaining a residence in this state; or being released from the custody, control, or supervision of the Department of Corrections or Department of Juvenile Justice, or from the custody of a private correctional facility; AND in the county where he/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 Department of Juvenile Justice, or is not in the custody of a private correctional facility. Failure to do so is a felony of the 3rd degree. {Sections 943.0435(2); 944.607(4), (7), (8 ); 985. 4815(4)}
  • Who are under the supervision of the Department of Corrections or Department of Juvenile Justice, but who are not incarcerated must register with the Department of Corrections or Department of Juvenile Justice, as appropriate within 3 business days after sentencing for a registerable offense. Failure to do so is a felony of the 3rd degree felony. {Sections 943.0435(3), 944.607(9), 985.4815(9)}
  • Shall report to DHSMV during the month of his/her ReRegistration, as required by s. 943.0435(14), in order to obtain an updated or renewed driver's license or identification card displaying the designation: "943.0435, F.S.", as required, unless one has been previously secured or updated. Failure to do so is a felony of the 3rd degree felony. {Section 322.141(3-4)}
  • Who are registering with the Sheriff's Office for the first time must report in person to the driver's license office of the Department of Highway Safety and Motor Vehicles (DHSMV) within 48 hours after this initial registration to obtain a valid Florida driver's license or identification card displaying the designation: "943.0435, F.S.", unless a driver's license or identification card with such designation was previously secured or updated while under the supervision of DC, DCFS or DJJ and there have been no changes to their address, name or designation. Failure to do so is a felony of the 3rd degree felony. {Section 322.141(3-4)}
  • Who are enrolled, employed, or carrying on a vocation at an institution of higher education in this state, must provide FDLE with the name, address, and county of each institution, including each campus attended, and the sexual offender’s enrollment or employment status. Each change in enrollment or employment status shall be reported in person at the Sheriff's Office, or the Department of Corrections if the sexual offender is in the custody or control of or under the supervision of the Department of Corrections, within 48 hours after any change in status. Failure to do so is a felony of the 3rd degree felony. {Sections 943.0435(2)(b)2.; 944.607(4)(b); 985.4815(4)(b)}.  For more information, see the Campus Sex Crimes Prevention Act section.
  • Who are not incarcerated and who reside in the community (including those under the supervision of the Department of Corrections) must - within 48 hours of registration - present proof of initial registration as an offender in person at the DHSMV and secure or renew a driver's license or identification card. Failure to do so is a felony of the 3rd degree felony. {Sections 943.0435(3), 944.607(9)}
  • Must report in person any change in permanent or temporary residence to DHSMV within 48 hours. Failure to do so is a felony of the 3rd degree. {Sections 943.0435(4), 944.607(9)}
  • Renew in person their driver's license or identification card when subject to renewal. Failure to do so is a felony of the 3rd degree felony. {Sections 943.0435(4), 944.607(9)}
  • Who are not in custody or control of, or under the supervision of the Department of Corrections, or are not in the custody of a private correctional facility, must report any change in the their permanent or temporary residence or name to DHSMV, after registering in person at the Sheriff's Office, in the manner currently provided in 943.0435(4), (7), and (8). Failure to do so is a felony of the 3rd degree. {Section 943.0435(2)(a)}
  • Must report intent to establish residence in another state to the Sheriff's Office in person within 48 hours before the date they intend to leave Florida. Failure to do so is a felony of the 3rd degree. {Section 943.0435(7)}
  • Who indicate their intent to reside in another state or jurisdiction and later decide to remain in this state must, within 48 hours after the date upon which they indicated they would leave this state, notify the Sheriff's Office of their intent to remain in this state. Failure to do so is a felony of the 2nd degree. {Section 943.0435(8)}
  • Who also meet all qualifying criteria for sexual predator, including a court finding, must register as a sexual predator as required under s. 775.21.   {Sections 943.0435(5); 944.607(9)}
  • Who fail to submit to the taking of a digitized photograph, or to otherwise 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. {Section 944.607(10)(a)}
  • Must maintain registration with FDLE for the duration of their life, unless they have received a full pardon or have had a conviction set aside in a post conviction proceeding for any felony sex offense that meets the criteria for classifying them as a sexual offender for purposes of registration. Failure to do so is a felony of the 3rd degree.  {Section 943.0435(11)}  See Relief of Status as Sexual Offender below for more information.
  • Who establishes or maintains a residence in this state and has not been designated as a sexual predator by a court in this state but who has been designated as a sexual predator, as a sexually violent predator, or by another sexual offender designation in another state or jurisdiction and was, as a results of such designation, subjected to registration or community or public notification, or both, or would be if the person was a resident of that state or jurisdiction shall register in the manner provided in s. 943.0435 or s. 944.607 and shall be subject to community and public notification requirements and penalties provided in s. 943.0435, s. 944.607, or 985.481 until such offender provides FDLE with an order issued by the court that designated the person as a sexual predator, as a sexually violent predator, or by another sexual offender designation in the state or jurisdiction in which the order was issued which states that such designation has been removed or demonstrates to FDLE that such designation, if not imposed by a court, has been removed by operation of law or court order in the state or jurisdiction in which the designation was made, and provided such person no longer meets the criteria for registration as a sexual offender under the laws of this state.
    {Sections 775.21(5)(d)}; 943.0435(1)(a)3., (11)(c)}
  • Who live in another state but work or attend school in Florida must register both their in-state employment or school address as well as their out-of-state residential address. Failure to do so is a felony of the 3rd degree. {Sections 775.21(2)(g), 943.0435(1)(c)}
  • Who vacates a permanent residence and fails to establish or maintain another permanent or temporary residence shall, within 48 hours after vacating the permanent residence, report in person to the Sheriff's Office of the county in which he or she is located. The sexual offender shall specify the date upon which he or she intends to or did vacate such residence. The sexual offender must provide or update all of the registration information required. The sexual offender must provide an address for the residence or other location that he or she is or will be occupying during the time in which he or she fails to establish or maintain a permanent or temporary residence. Failure to do so is a felony of the 3rd degree. {Section 943.0435(4)}
  • Who remains at a permanent residence after reporting his or her intent to vacate such residence shall, within 48 hours after the date upon which the offender indicated he or she would or did vacate such residence, report in person to the agency to which he or she reported (see previous paragraph) for the purpose of reporting his or her address at such residence. If the sheriff receives the report, the sheriff shall promptly convey the information to the department.  An offender who makes a report as required in the previous paragraph 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. {Section 943.0435(4)}  


 

RELIEF OF STATUS AS SEXUAL OFFENDER

A SEXUAL OFFENDER….

Who has been lawfully released from confinement, supervision, or sanction, whichever is later, for at least 25 years and has not been arrested for any felony or misdemeanor offense since release, and who does NOT have a requirement to register based upon an adult conviction for one of the offenses presented in Chart 3 below, may petition the criminal division of the circuit court of the circuit in which they reside for the purpose of removing the requirement for registration as a sexual offender. {Section 943.0435(11)(a)} . The court may grant or deny such relief.  

Chart 3: Offenses that Remove the Ability to Petition
s. 787.01 or 787.02
s. 794.011, excluding 794.011(10)
s. 800.04(4)(b), where the court finds the offense involved a victim under 12 or sexual activity by the use of force or coercion
s.800.04(5)(b)
s.800.04(5) c.2., where the court finds the offense involved unclothed genitals or genital area
OR for a violation of similar law of another jurisdiction

In the above circumstances, the court may grant or deny such relief if the offender demonstrates to the court that he or she has not been arrested for any crime since release; the requested relief complies with the provisions of the federal Adam Walsh Child Protection and Safety Act of 2006, and any other federal standards applicable to the removal of registration requirements for a sexual offender or required to be met as a condition for the receipt of federal funds by the state; and the court is otherwise satisfied that the offender is not a current or potential threat to public safety. 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 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 sexual offender may again petition the court for relief, subject to the standards for relief provided in this subsection. The department shall remove an offender from classification as a sexual offender for purposes of registration if the offender provides to the department a certified copy of the court's written findings or order that indicates that the offender is no longer required to comply with the requirements for registration as a sexual offender. {Section 943.0435(11)}  


 

REGISTRATION & RESTRICTIONS

All qualifying sexual predators and offenders must register.  
  
The following list of obligations appears on the back of the FDLE Sexual Predator/Sexual Offender Registration Form to be completed by law enforcement and signed by each registering predator/offender:  

NOTICE OF SEXUAL PREDATOR AND SEXUAL OFFENDER OBLIGATIONS:

As a Sexual Predator (Florida Statute 775.21) or Sexual Offender (Florida Statute 943.0435, 944.607 or 985.481) where "Permanent residence" means a place where the person abides, lodges, or resides for 5 or more consecutive days, and "Temporary residence" means a place where the person abides, lodges, or resides for a period of 5 or more days in the aggregate during any calendar year and which is not the person's permanent address; or, for a person whose permanent residence is not in this state, a place where the person is employed, practices a vocation, or is enrolled as a student for any period of time in this state, I understand that I am required by law to abide by the following: FAILURE TO COMPLY WITH ANY OF THE FOLLOWING REQUIREMENTS IS A FELONY OF THE THIRD DEGREE (UNLESS OTHERWISE NOTED).  

1.  I must report in person to the local Sheriff's Office within 48 hours of establishing or maintaining a residence in the state of Florida or within 48 hours of release from custody and/or supervision of Department of Corrections (DOC), Department of Children and Family Services (DCFS), or Department of Juvenile Justice (DJJ) to register my temporary or permanent address.

2.  Within 48 hours after the initial report required as stated in requirement #1 above, I must report in person to the driver's license office of the Department of Highway Safety and Motor Vehicles (DHSMV) to obtain a valid Florida driver's license or identification card displaying one of the following designations: "775.21, F.S." or "943.0435, F.S.", unless a driver's license or identification card with such designation was previously secured or updated while under the supervision of DOC, DCFS, or DJJ and there have been no changes to my address, name, or designation (Florida Statute 322.212).

3.  I must report in person either twice a year (during the month of my birth and during the sixth month following my birth month) or four times per year (once during the month of my birth and every 3rd month thereafter), depending on my offense and designation, to the Sheriff's Office in the county in which I reside or am otherwise located to ReRegister. 

NOTE: Unless otherwise notified by the Florida Department of Law Enforcement (FDLE), Sexual Offenders that were not adjudicated delinquent are required to ReRegister twice a year. All Sexual Predators are required to ReRegister four times a year and all Sexual Offenders adjudicated delinquent are required to ReRegister four times a year.

If I am required to ReRegister TWO times per year I must ReRegister
as provided below:
Month of birth I Must ReRegister
Each:
January January & July
February February & August
March March & September
April April & October
May May & November
June June & December
July January & July
August February & August
September March & September
October April & October
November May & November
December June & December
If I am required to ReRegister FOUR times per year I must ReRegister
as provided below:
Month of birth I Must ReRegister
Each:
January January, April, July, & October
February February, May, August, & November
March March, June, September, & December
April April, July, October, & January
May May, August, November, & February
June June, September, December, & March
July July, October, January, & April
August August, November, February, & May
September September, December, March, & June
October October, January, April, & July
November November, February, May, & August
December December, March, June, & September

4.  Within 48 hours, after any change of address in permanent or temporary residence, change of name due to marriage or other legal process, or when my driver's license is subject to renewal, I must report that information in person to the driver's license office of the DHSMV to obtain and maintain a valid Florida driver's license or identification card.

5.  If I live in another state, but work or attend school in Florida, I MUST register my work or school address as a temporary address within 48 hours by reporting in person to the local Sheriff's Office. I must also obtain and maintain a valid Florida driver's license or identification card.

6.   If I intend to establish residence in another state or jurisdiction other than the State of Florida, I must report in person to the local Sheriff's Office to notify of my intention to do so within 48 hours prior to leaving.

7.   If I later decide to remain in this state (see #6 above), I must report in person back to the local Sheriff's Office to notify of my intention to remain in Florida. This report must occur within 48 hours after the date I indicated that I would leave. Failure to comply with this requirement is a felony of the second degree. 

8.  If I move from a permanent residence and do not have another permanent or temporary residence I must report this change in person to the Sheriff's Office within 48 hours. I must update all registration information and provide an address or location that I will occupy until I establish a residence. 

9.  If I later decide to remain at the permanent residence (see #8 above), I must report in person back to the Sheriff's Office to notify of my intention. This report must occur within 48 hours after the date that I indicated that I would leave the permanent residence. Failure to comply with this requirement is a felony of the second degree.

10.  I MUST respond to any address verification correspondence from FDLE within three weeks of the date of the correspondence. 

11.  If I am employed, carry on a vocation, am a student, or become a resident of another state I must also register in that state. 

12.  If I am enrolled, employed, or carrying on a vocation at an institution of higher education in this state, I shall also provide the name, address, and county of each institution, including each campus attended, and my enrollment or employment status. I shall report each change in enrollment or employment status in person at the Sheriff's Office within 48 hours after any change in status.

13.  I MUST report any electronic mail address or instant message name, prior to using such, during Registration/ReRegistration and provide all updates through the online system provided by the Florida Department of Law Enforcement. This provision takes effect October 1, 2007. 


 

 INCARCERATED / IN CUSTODY : INCARCERATED IN PRISON (FDC)  

Sexual Predators who are incarcerated must provide registration information and materials to the Department of Corrections (DC).  The DC will forward the information and materials to FDLE.  {Sections 775.21(6)(b)}

These materials include:

Fingerprint card Digital photo Completed registration form supplied by FDC Copy of the court finding designating the offender as a predator Genetic Markers* (Blood samples for DNA database)
And "any other information determined necessary" by FDLE.

{Section 775.21(6)(a)}

 *Genetic Markers: The Department of Corrections must be prepared to take both the predator's required photograph and fingerprints.  The sentencing court should order DNA blood samples at time of conviction, but these may have to be obtained later if not previously secured.  SEE BLOOD SPECIMEN REQUIREMENT later in this section.

Registration information shall be immediately forwarded to FDLE.

Sexual Offenders who are incarcerated must provide registration information to the Department of Corrections (DC) or the Department of Juvenile Justice (DJJ), as appropriate.  The DC and the DJJ will transmit the information to FDLE. {Sections 944.606(3)(a); 985.481(3)(a)2.(b)}

IN CUSTODY OF LOCAL JAIL

If a sexual predator or sexual offender is in the custody of a local jail, the custodian of the local jail shall register the sexual predator or offender within 3 days after the intake of the sexual predator or offender for any reason AND upon release and shall forward the registration information to the FDLE. The custodian of the local jail shall also take a digitized photograph of the sexual predator while the sexual predator remains in custody and shall provide the digitized photograph to the department. The custodian shall notify FDLE if the sexual predator or offender escapes from custody or dies.   {Sections 775.21(6)(c); 944.607(7); 985.481(7)}


SERVING NON-INCARCERATED SANCTIONS
UNDER SUPERVISION OF THE FLORIDA DEPARTMENT OF CORRECTIONS

(Florida probation, community control,
control release, parole, etc.)  

1.   Sexual Predators and Sexual Offenders who are not incarcerated but are under the supervision of the Department of Corrections (DC) or the Department of Juvenile Justice (DJJ) shall register with the DC or the DJJ through their supervising officer who shall forward the information to FDLE. {Sections 775.21(6)(a)-(b); 944.607(4)-(6); 985.481(3)(a)2.(b)}

 Registration Materials for SUPERVISED SEXUAL PREDATORS:

Fingerprint card Digital photo Completed registration form supplied by DC Copy of the court finding designating the individual as a predator Genetic Markers* (Blood samples for DNA database)
And "any other information determined necessary" by FDLE.

 {Section 775.21(6)(a)-(b)}

 Registration Materials for SUPERVISED SEXUAL OFFENDERS:

Digital photo Completed registration information supplied electronically by DC and DJJ Genetic Markers* (Blood samples for DNA database)
And "any other information determined necessary" by FDLE.

{Sections 944.607(4)-(6); 985.4815(4)-(6)}

 *Genetic Markers: The Department of Corrections must be prepared to take both the predator's required photograph and fingerprints.  The sentencing court should order DNA blood samples at time of conviction, but these may have to be obtained later if not previously secured. SEE BLOOD SPECIMEN REQUIREMENT later in this section.

AND

 2. Sexual Predators and Sexual Offenders who are not incarcerated but are under the supervision of the DC or the DJJ shall report to the Florida Department of Highway Safety and Motor Vehicles (DHSMV) within 48 hours of registration as a sexual offender/predator to:

  • report their status as a sexual offender/predator;
  • show proof of registration as an offender/predator to DHSMV officials; and
  • obtain a driver's license or identification card with the designation "775.21, F.S." for predators, and "943.0435, F.S." for offenders, as required, unless a driver's license or identification card with such designation was previously secured or updated while under the supervision of the DC, the DCFS, or the DJJ and there have been no changes to my address, name or designation. Failure to do so is a felony of the 3rd degree. {Section 322.141(3-4)}

DHSMV will flag the sexual offender’s/predator’s driver’s license or identification card in its computer system and will forward the above information provided by the sexual offender/predator to FDLE.  {Sections 775.21(6); 943.0435(4)}

 3. Sexual Predators and Sexual Offenders who are not incarcerated but are under the supervision of the DC or the DJJ AND who are enrolled at, employed by or carrying on a vocation at an institution of higher education must report, in person, the following information to the DC or the DJJ through their supervising officer:

  • name, address, and county of each institution of higher education;
  • each campus attended;
  • enrollment or employment status; and
  • any change in enrollment or employment status, to be reported in person, within 48 hours of change.

The DC and DJJ will promptly notify each institution of the sexual predator’s/offender’s presence and any change in such person’s enrollment or employment status.  The DC and the DJJ will also provide the information from the sexual predator/offender to FDLE. {Sections 775.21(6)(a)1.b.; 944.607(4)(b); 985.4815(4)(b)} 

 See Campus Sex Crime Prevention Act section for more information and requirements.

UNDER FEDERAL SUPERVISION

If the sexual offender/predator is under federal supervision, the federal agency responsible for supervising the sexual offender/predator may forward to FDLE any information regarding the sexual offender/predator which is consistent with the registration information provided by the Department of Corrections for offenders/predators, and may indicate whether use of the information is restricted to law enforcement purposes only or may be used by FDLE and law enforcement for purposes of public notification.  {Sections 775.21(6)(d); 944.607(8); 985.4815(8)}  


  NOT INCARCERATED OR IN CUSTODY AND NOT SERVING OTHER SANCTION(S)

1.  PRIMARY REGISTRATION

Sexual Predator

A sexual predator shall report in person to and register at the Sheriff's Office in the county in which the predator establishes or maintains a permanent or temporary residence within 48 hours after establishing or maintaining a residence in this state; AND at the Sheriff's Office in the county where he or she was designated a sexual predator by the court within 48 hours after such finding is made. {Section 775.21(6)(e)}

Sexual Offender

A sexual offender must register in person at the Sheriff's Office in the county where he/she establishes or maintains a residence within 48 hours after establishing or maintaining a residence in this state; or being released from the custody, control, or supervision of the Department of Corrections or Department of Juvenile Justice, or from the custody of a private correctional facility; AND in the county where he/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 Department of Juvenile Justice, or is not in the custody of a private correctional facility. Failure to do so is a felony of the 3rd degree. {Sections 943.0435(2); 944.607(4), (7), (8 ); 985. 4815.}

 Sexual predator and sexual offender registration information will include the following:  

Fingerprint card Digital photograph Completed registration form  

{Sections 775.21(1)(e), (6)(a); 943.0435(2)}

Registration information shall immediately be forwarded to FDLE.

2.  ADDITIONAL REGISTRATION REQUIREMENT

Sexual Predators and Sexual Offenders who are not incarcerated, not in custody, and not serving other sanctions AND who are enrolled at, employed by or carrying on a vocation at an institution of higher education must report, in person, the following information to the Sheriff's Office of the county in which the predator/offender establishes or maintains a residence: 

  • name, address, and county of each institution of higher education;
  • each campus attended; and
  • enrollment or employment status.

Sexual Predators and Sexual Offenders:  Any change in enrollment or employment status must be reported, in person, by the predator/offender, to the sheriff of the county of the predator’s/offender’s residence, within 48 hours of the change.  The sheriff will promptly notify each institution of the sexual predator’s presence and any change in such person’s enrollment or employment status.  The sheriff will also provide the information from the sexual predator/offender to FDLE. {Sections 775.21(6)(a)1.b.; 943.0435(2)(b)2..; 985.4815(4)(b)}

 See Campus Sex Crime Prevention Act section for more information and requirements.

REQUIRED PRIMARY REGISTRATION INFORMATION 

Name including any legal name change Height Date & Place of Employment
Social Security # Weight Fingerprints
Institution of Higher Education Information Hair Color Date and Place of Each Conviction
Race Eye Color Description of Crime(s)
Sex Photograph Tattoos or Identifying Marks
Date of Birth Address(es) * Occupation
NEW IN 2007: As of 10/1/2007, any e-mail address NEW IN 2007: As of 10/1/2007, any instant message name NEW IN 2007: As of 7/1/2007, juvenile sex offenders to provide name and address of each school attended

 *Any current or temporary address both within and out of state.  A post office box shall not be provided in lieu of a physical residential address.  {Sections 775.21(6)(a)1; 943.0435(2)}

If the predator's or offender's place of residence is a motor vehicle, trailer, mobile home or manufactured home (s.320) he or she shall also provide written notice of the:

Vehicle ID # License Tag # Registration # Description including color scheme

of the motor vehicle, trailer, mobile home or manufactured home.  
{Sections 775.21(6)(a)1; 943.0435(2)}

If the sexual predator's or offender's place of residence is a vessel, live-aboard vessel, or houseboat (s.327) he or she shall also provide written notice of the:

Hull ID # Manufacturer's Serial # Name of the vessel Description including color scheme

of the vessel, live-aboard vessel or houseboat.  
{Sections 775.21(6)(a)1; 943(0435(2)}


INACCURATE REGISTRATION INFORMATION

It is important that registration records be as accurate as possible.  Many agencies will be routinely monitoring the predators and offenders in their communities.  During the course of agency activity, it may be determined that an address or other information reflected in FDLE’s records is inaccurate.  This might be caused by a mistake in the registration information, failure by the offender/predator to promptly update registration records, or by an offender/predator's intentional attempt to circumvent registration requirements. Any indications of inaccuracy or needed changes in FDLE’s registration files should be reported by the agency to FDLE at 1-888-357-7332 or by utilizing the on-line access to the Sex Offender Database through the CJNet.  Should you determine that an offender/predator is no longer at the address reflected in FDLE’s records, try to determine a new address, but contact your local Sherriff's Office or Police Department of jurisdiction, or FDLE Offender Registration and Tracking Services even if a new address for the offender/predator is not known.  If you believe the offender/predator intended to violate the registration requirements of the law, you should report the information to the state attorney having jurisdiction for consideration of prosecution.


 CHANGE OF ADDRESS PROCESS

1.  NOTIFICATION TO DHSMV

After initial registration, all non-incarcerated sexual predators and offenders must notify the DHSMV within 48 hours of any change of residence.  Should the predator or offender be under sanction they must also report their change of address, as required by law, to their supervising officer who will in turn notify FDLE.

DHSMV will notify FDLE of the change of address information and changes will be posted to the Internet site.  The sheriff's office and all police departments within the county will be notified via FCIC AM message of all new predator and offender addresses within their county.  Agencies should regularly access the FDLE sexual offender/predator site via CJNET or the Internet at www.fdle.state.fl.us to obtain current listings of all sexual offenders and predators.  Agencies may also contact FDLE's Registration and Tracking Unit for offender information at 1(888) 357-7332. {Sections 775.21(6)(g); 943.0435(4); 944.607(9); 985.4815(9)}

2.  MOVING OUT OF STATE

A sexual predator or offender who intends to establish residence in another state or jurisdiction shall notify the sheriff of the county of current residence in person within 48 hours before the date he or she intends to leave this state to establish residence in another state or jurisdiction.

The notification must include:

Address Municipality County State of intended residence

The sheriff shall promptly provide to FDLE the information received from the sexual predator/offender.  FDLE will then notify the statewide law enforcement agency, or a comparable agency, in the intended state or jurisdiction of residence of the sexual predator's or offender's intended residence.

The failure of a sexual offender/predator to provide his or her intended place of residence is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.  {Sections 775.21(6)(i), (10); 943.0435(7), (9)}

A sexual predator or offender who indicates his or her intent to reside in another state or jurisdiction and later decides to remain in this state shall, within 48 hours after the date upon which the sexual offender/predator indicated he or she would leave this state, notify the Sheriff's Office of his or her intent to remain in this state.  The sheriff shall promptly report this information to FDLE.  A sexual predator or offender who reports his or her intent to reside in another state or jurisdiction, but who remains in this state without reporting to the sheriff in this manner, commits a felony of the second-degree, punishable as provided in s. 775.082, s.  775.083, or s. 775.084.  {Sections 775.21(6)(j); 943.0435(8)}

  

OUT OF STATE SEXUAL OFFENDERS / PREDATORS

Any person who resides in Florida and who has been designated a sexual predator, a violent sexual predator or another sexual offender designation in another state or jurisdiction and was subjected to registration or community or public notification, or both, or would be if the person was a resident of that state or jurisdiction, is required to register as a sexual offender in the state of Florida. {Sections 775.21(5)(d); 943.0435(1)(a)3.; 944.607(1)(a)2.; 985.4815(1)(d)}

If an offender enters Florida with out-of-state convictions that are similar to Florida’s sexual predator criteria offenses, the state attorney in the jurisdiction in which the offender establishes or maintains a permanent or temporary residence shall initiate a court hearing to review the out-of-state offenses and to determine whether the offender will be classified as a sexual predator under Florida law. {Section 775.21(5)(a)2.}  


 JUVENILE OFFENDERS

Juvenile offenders can qualify as sexual predators or offenders based upon meeting the criteria for each classification, as provided in Florida Statute 943.0435(1).

NEW IN 2007: As of July 1, 2007, a sexual offender who was adjudicated delinquent for one of the crimes enumerated in F.S. 943.0434(1)(a)1.d. who meets the criteria specified is required to register as a sexual offender. For a list of qualifying offenses see Chart 2: Qualifying Offenses for Adjudications of Delinquency.


FELONY 3rd DEGREE  

Penalty for violations of registration and related requirements

Section 775.21(10)(a) - Sexual Predator  
(Failure, by act or omission, to comply with requirements of s. 775.21, including but not limited to failure to register, or after registration, failure to maintain, acquire, or renew a driver’s license or ID card; or failure to provide required location information or change-of-name information)

Section 943.0435(9) – Sexual Offender not serving any sanctions  
(Failure to comply with the requirements of s. 943.0435)

Section 944.607(9)-(10) - Sexual Offender in the custody/control of, or under the supervision of the Florida Department of Corrections or in custody of a private correctional facility  
(Failure to comply with the requirements of s. 944.607)

Section 985.4815(9)-(10) - Sexual Offender in the custody/control of, or under the supervision of the Florida Department of Juvenile Justice or in custody of a private correctional facility (Failure to comply with the requirements of s. 985.4815)


 

  BLOOD SPECIMEN REQUIREMENT

BLOOD OR OTHER BIOLOGICAL SPECIMEN TESTING FOR DNA ANALYSIS  
{Section 943.325, Florida Statutes}   {See also 949.03(10)-(11)}

This is a portion of the statutory information on this topic.   Please see the complete statutes for more information.

Any person who is

  • convicted or was previously convicted in this state for any offense or attempted offense in the chart below OR
  • transferred to this state under Article VII of the Interstate Compact on Juveniles, part V of chapter 985, who has committed or attempted to commit an offense in the chart below which is similarly defined by the transferring state,

 who is either:

  • still incarcerated OR

  • no longer incarcerated, or has never been incarcerated, yet is within Florida and is on probation, community control, parole, conditional release, control release, or any other type of court-ordered supervision,

shall be required to submit two specimens of blood or other biological specimens approved by the Department of Law Enforcement to a Department of Law Enforcement designated testing facility as directed by the department.

The term any person includes both juveniles and adults committed to a county jail or committed to or under the supervision of the Department of Corrections or the Department of Juvenile Justice, including persons incarcerated in a private correctional institution operated under contract pursuant to s. 944.105 or s. 957.03.

The term conviction includes a finding of guilty, or entry of a plea of nolo contendere or guilty, regardless of adjudication or, in the case of a juvenile, the finding of delinquency.  

Chart of Offenses in s. 943.325  
re: blood or other biological specimen  
Chapter 794 Sexual Battery
Chapter 800 Lewdness/Indecent Exposure
s. 782.04 Murder
s. 784.045 Aggravated Battery
s. 810.02 Burglary
s. 812.133 Carjacking
s. 812.135 Home Invasion Robbery
s. 812.13* Robbery  
(*added July 1, 2002)
s. 812.131* Robbery by Sudden Snatching  
(*added July 1, 2002)
Chapter 787* Kidnapping; False Imprisonment; Luring/Enticing a Child; Custody Offenses  
(*added July 1, 2003)
s. 782.07* Manslaughter; Aggravated Manslaughter of elderly or disabled adult; child; officer; firefighter; emergency medical technician; paramedic
(*added July 1, 2003)
s. 776.08* *Any forcible felony in this section  
(*added July 1, 2004)
s. 827.03(2)* Aggravated Child Abuse  
(*added July 1, 2004)
s. 825.102(2)* Aggravated Abuse of Elderly/Disabled Adult  
(*added July 1, 2004)
Chapter 790* Weapons/Firearms Offenses  *Any felony in this chapter re: use/ possession of firearm  
(*added July 1, 2004)

Any person previously convicted of an offense specified in this section, or a crime which, if committed in this state, would be an offense specified in this section, and who is also subject to the registration requirement imposed by s. 775.13, shall be subject to the collection requirement of this section when the appropriate agency described in this section verifies the identification information of the person.

Any person who was previously convicted in this state for any offense or attempted offense enumerated in the chart above, except those listed in s. 776.08, s. 827.03(2), s. 825.102(2), and Chapter 790, and who is still incarcerated or in the custody of the Department of Juvenile Justice must submit, not less than 45 days before his or her presumptive date of release from such incarceration or commitment, two specimens of blood as directed by the Department of Law Enforcement to a testing facility designated by the department.

The withdrawal of blood for purposes of this section shall be performed in a medically approved manner using a collection kit provided by, or accepted by, the Department of Law Enforcement and only by or under the supervision of a physician, registered nurse, licensed practical nurse, duly licensed medical personnel, or other trained and competent personnel.  The collection of other approved biological specimens shall be performed by any person using a collection kit provided by, or accepted by, the Department of Law Enforcement in a manner approved by the department, as directed in the kit, or as otherwise found to be acceptable by the department.  

Upon a conviction of any person for any offense as stated above which results in the commitment of the offender to a county jail, correctional facility, or juvenile facility, the entity responsible for the facility shall assure that the blood specimens or other biological specimens required by this statute are promptly secured and transmitted to the Department of Law Enforcement.