Registration as a Sex Offender

Florida law requires those who have been convicted of certain sex crimes to comply with specific rules, including registration on a sex offender list under state statute 775.21, regular meetings with probation officers, and restrictions on their living arrangements and employment.

Sex Offender Restrictions

Florida law imposes specific rules for those who have been labeled as sexual predators. For instance, sex offenders must be supervised upon release by specially trained probation officers who have low caseloads. Sex offenders are also required to:

Register with the Florida Department of Law Enforcement, so that complete and accurate information can be accessible by law enforcement authorities and the public
Adhere to a prohibition against working with children, either for pay or as a volunteer
Comply with special conditions of supervision

Before an individual will be required to register with the state or adhere to these rules, he or she must be deemed a sexual offender or a sexual predator.

Defining a Sexual Offender/Sexual Predator

A sexual offender is anyone who has been convicted of one of the following offenses:

Sexual misconduct
Kidnapping, when the victim was a minor
False imprisonment where the victim was a minor
Luring or enticing a child
Human trafficking
Sexual battery
Unlawful sexual activity with certain minors
Procuring someone under the age of 18 years old for prostitution
Selling or buying minors into sex trafficking or prostitution
A lewd or lascivious offense committed upon or in the presence of someone under the age of 16 years old
Video voyeurism where the victim was a minor
A lewd or lascivious offense committed upon or in the presence of an elderly person or disabled adult
Sexual performance by a child
Computer pornography
Sending harmful material to a minor
Sexual misconduct

In addition to being convicted of one of these offenses, a person must also have:

Been released from prison or currently serving parole
Established a residence in Florida
Adjudicated delinquent after 2007 when he or she was older than 14 years of age for sexual battery, lewd battery on a victim under the age of 12 years old, or molestation

In Florida, a person will be designated as a sexual predator if he or she was convicted of:

A capital, life, or first degree felony where the victim was a minor
A felony offense where the victim was a minor if the court finds that the racketeering activity involved at least one sexual offense and the offender had previously been convicted of an offense involving a minor

Furthermore, if someone moves to Florida and had been designated as a sexual predator in another state, he or she will be required to register in Florida as well.

Registration

At the time of registration, the offender must provide certain information to the sheriff’s office, including his or her:

Name
Social Security number
Date of birth
Height and weight
Tattoos
Hair and eye color
Photograph
Current physical address
Electronic mail addresses
Home and cell phone numbers
Employment information

The registrant will also need to provide information about the make, model, color, vehicle identification number, and license plate number of all the vehicles that he or she owns. The offender will also need to turn over his or her passport, provide fingerprints, and give the date and place of each conviction, as well as a description of the offenses. Registrants will need to report to the sheriff’s office within two days of establishing a residence or purchasing a new vehicle. They must also report any name changes, new email addresses, phone numbers, and employment information.

Within 48 hours of registering at the sheriff’s office, offenders must register in person at a driver license office at the DMV. At that time, he or she will need to present proof of registration. In the event that the registrant moves or changes his or her name, he or she will be required to report the change in person at the driver license office.

Sex offenders must maintain registration for the rest of their lives unless they receive a full pardon. Furthermore, registrants must report in person each year during the month of their birth with the sheriff’s office in the county of their residence as well as every three months thereafter.

Penalties

Registrants who are moving out of state must report to the sheriff’s office at least 48 hours before relocating. If a registrant intends to move out of the country, he or she must notify authorities at least three weeks prior to moving. For international travel, he or she must also provide flight information.

Registrants who have moved out of a permanent residence and into a transient residence must report to the sheriff’s office every 30 days. Those who intend to move out of state, but end up not leaving and fail to tell the authorities will be charged with a second degree felony, which is punishable by up to 15 years in prison. Failing to register or to notify the department of changes to an address, phone number, vehicle registration, or name change is considered a third degree felony, which is punishable by five years in prison.

Anyone who knows that a sexual predator is not complying with Florida’s registration requirements, but does not notify authorities of the noncompliance in an effort to assist the offender in eluding arrest can also be charged with a third degree felony.

The consequences of failing to register as a sex offender are severe, which makes it especially important for those who have been convicted of a sex offense to have a thorough understanding of their legal obligations.