Sex Offender Registration Requirements:
(These are only the highlights of Florida law)
Florida Sex Offender Registration (Florida’s Public Safety Information Act).
This act is supposed to help law enforcement and the public with awareness of criminal offenders, particularly sexual offenders.
Registration of address with the Sheriff within 48 hours of release from incarceration and/or placement on probation.
Law enforcement will verify the address.
Also within 48 hours of they must register in person and present proof of initial registration at a driver license office of the
DHSMV to secure a Florida driver’s license or ID card.
This ID display’s that the person is a sex offender or sexual predator.
Report change of address within 48 hours.
Report in bi-annually.
There are special rules for mobile homes, houseboats and live-aboard vessels.
Florida registered sex offenders must advise the Sheriff or FDLE of their intent to leave Florida at least 48 hour in advance.
Additional restrictions apply.
The failure of a sexual offender/predator to fully comply with registration requirements is a third degree felony.
This law applies to tourists and those that move to Florida with out -of- state offenses.
Offenders must register for offenses below regardless of a “conviction” which is an adjudication of guilt by the court. Registration is required for a
person’s felony offense regardless of whether adjudication is withheld.
SEXUAL OFFENDERS/ FLORIDA SEX OFFENSES
A Sexual Offender is any person convicted* of committing, attempting, soliciting or conspiring to commit, any of the following violations
(or similar offenses in another jurisdiction) and released on or after October 1, 1997 from imposed criminal sanctions for:
Committing, Attempting, Soliciting, or Conspiring to commit,
Kidnaping of a child under the age of 13, where the victim is a minor and the defendant is not the victim’s parent.
False imprisonment of a child under the age of 13,
Again, where the victim is a minor and the defendant is not the victim’s parent,
Luring or enticing a child,
Procuring a person under 18 for prostitution,
Lewd, lascivious, or indecent assault or act upon or in the presence of a child,
Lewd or lascivious battery upon an elderly person or disabled adult,
Child Abuse: employ, consent to, promote etc. sexual performance by a child,
Sell, give away, or providing obscene material to a minor,
Selling or buying of minors for portrayal in a visual depiction engaging in sexually explicit conduct,
Or similar offense committed outside Florida
*”Convicted” means that, regarding the person’s offense, there has been 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. 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 in any state of the United States.
There are two ways of qualifying as a sexual predator in the State of Florida: “One is enough” and a “second strike” offense.
The “One is Enough” Predator Qualifying Offense:
Capital, Life, or First degree Felony
Kidnaping of a child under the age of 13,
aggravating circumstances, here the victim is a minor and the defendant is not the victim’s parent
False imprisonment of a child under the age of 13, aggravating circumstances
Selling or buying of minors for portrayal in a visual depiction engaging in sexually explicit conduct.
Attempt to commit a Capital, Life or First degree Felony
Sexual Battery, Where the victim is a minor, or
Any violation of a similar law of another jurisdiction
The “Second Strike” Predator Qualifying Offense:
Same qualifiers as above
Second-degree or greater Felony
Procuring a person under the age of 18 for prostitution
Lewd, lascivious, or indecent assault or act upon or in the presence of a child
Lewd or lascivious battery upon an elderly person or disabled adult
Child Abuse, employ, consent, promote, etc., sexual performance by a child, or
A violation of a similar law of another jurisdiction
AND the offender has previously been convicted of or found to have committed or has pled nolo contendere or guilty to,
regardless of adjudication, a similar act, unless the offender was pardoned of that act.
Offenders must maintain registration with FDLE for the duration of their life, unless:
they have had their civil rights restored
have received a full pardon
have had a conviction set aside in a post-conviction proceeding, or
if the offender has been lawfully released from confinement, supervision, or sanction, for at least 20 years
and have not been arrested for any felony or misdemeanor offense since release,
they may petition the criminal division of the circuit court of the circuit in which they reside for removing the requirement for registration.
MOVING OUT OF FLORIDA:
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 or FDLE within 48 hours before the date he or she intends to leave this state to establish residence in another state or jurisdiction. That jurisdiction will be notified.
Juvenile Offenders can qualify for registration
Juvenile offenders who are treated as adults can qualify as sexual predators or offenders based on the criteria for each classification.
Notification of Presence of Sexual Predator.
Within 48 hours after receiving notification of the presence of a sexual predator, the sheriff of the county or the chief of police where the
sexual predator establishes a residence shall notify each licensed day care center, elementary school, middle school, and high school within a 1-mile radius
of the temporary or permanent residence of the sexual predator of the presence of the sexual predator, with:
The name of the sexual predator;
A description of the sexual predator, including a photograph;
The sexual predator’s current address, including the name of the county or municipality
The circumstances of the sexual predator’s offense or offenses; and
Whether the victim of the sexual predator’s offense or offenses was, at the time of the offense, a minor or an adult.
The Florida Department of Law Enforcement must notify the public of all designated sexual offenders and sexual predators through the Internet and notify
local law enforcement if the registration is done through them.
The department is responsible for the on-line maintenance of current information regarding each registered offender/ sex offender website.
The FDLE 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.
FDLE also maintains hotline access for state, local, and federal law enforcement agencies to obtain instantaneous locator file and offender characteristics
information on all released registered sexual predators for purposes of monitoring, tracking, and prosecution.
It is a third degree felony for a sexual predator to whether for compensation or as a volunteer, work at any business, school, day care center,
park, playground, or other place where children regularly congregate.
A offender is ineligible for placement on Florida administrative probation, regardless of the conviction or adjudication.
Santa Rosa County restricts sex offenders/ predators form parks
Probation Requirements (Florida Statute 948.03)
Terms and conditions of probation or community control.
The Court the court must impose the following conditions in addition to all other standard and special conditions imposed:
A mandatory curfew from 10 p.m. to 6 a.m. The court may designate another 8-hour period if the offender’s employment precludes the above-
specified time, and such alternative is recommended by the Department of Corrections.
If the victim was under the age of 18, a prohibition on living within 1,000 feet of a school, day care center, park, playground, or other place where
children regularly congregate, as prescribed by the court.
Active participation in and successful completion of a sex offender treatment program with therapists specifically trained to treat sex offenders,
at the probationer’s or community controllee’s own expense.
A prohibition on any contact with the victim, directly or indirectly, including through a third person, unless approved by the victim,
the offender’s therapist, and the sentencing court.
If the victim was under the age of 18, a prohibition, until successful completion of a sex offender treatment program, on contact with a child under
the age of 18 without another adult present who is responsible for the child’s welfare, has been advised of the crime, and is approved by the
sentencing court, unless pre-authorized by the sentencing court.
If the victim was under age 18, a prohibition on working for pay or as a volunteer at any school, day care center, park, playground,
or other place where children regularly congregate. (Also a 3rd Degree felony)
Unless otherwise indicated in the treatment plan provided by the sexual offender treatment program, a prohibition on viewing, owning,
or possessing any obscene, pornographic, or sexually stimulating visual or auditory material, including telephone, electronic media,
computer programs, or computer services that are relevant to the offender’s deviant behavior pattern.
A requirement that the probationer or community controllee must submit two specimens of blood to the Florida Department of Law Enforcement
to be registered with the DNA data bank.
A requirement that the probationer or community controllee make restitution to the victim.
Submission to a warrantless search by the community control or probation officer of the probationer’s or community controllee’s person, residence,
As part of a treatment program, participation at least annually in polygraph examinations to obtain information necessary for risk management
and treatment and to reduce the sex offender’s denial mechanisms.
Maintenance of a driving log.
A prohibition against obtaining or using a post office box without the prior approval of the supervising officer.
If there was sexual contact, a submission to, at the probationer’s or community controllee’s expense, an HIV test with the
results to be released to the victim/victim’s parent.
Electronic monitoring when deemed necessary by the community control or probation officer.
A temporary residence is defined as a place where the person abides, lodges, or resides for a period of 14 or more days in the aggregate during any calendar year and which is not the person’s permanent address, or a place where the person routinely stays, abides, lodges, or resides for a period of 4 or more consecutive or non-consecutive days in any month, which is not the person’s permanent residence.
A permanent residence is a place where the person abides, lodges, or resides for 14 or more consecutive days.
FLORIDA REGISTRATION OF SEX OFFENDER VEHICLESVehicles that are owned by registered sex offenders must also be registered.
Florida Statute 943.0435(2)(b)3. states that “a sexual 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.”
Hiring a lawyer as soon as possible, even while being investigated is vital to the strength of your case and defense.
Christopher L. Rabby, can provide you with a consultation to help you understand the steps involved in your case.
Once engaged, we will work to help you combat your charges so that you can move forward with your life.
To improve your chances of walking away from your charges with the best outcome possible, call Christopher L. Rabby today at (850) 437-9410, or contact us online.