Which convictions require sex offender registration in Florida?

For many people charged with a sex offense, the registry is the consequence that matters most, because it lasts long after any sentence ends. Florida has two categories: a "sexual offender" under section 943.0435, and a "sexual predator" under section 775.21, which brings stricter duties and community notification. How Mr. Mead defends these cases is on our sex crimes defense page. The full list of charges he handles is under criminal defense.

How does registration start, step by step?

1. A qualifying conviction. "Convicted" means a finding of guilt after trial or a guilty or no contest plea, "regardless of whether adjudication is withheld," and includes convictions in other states, federal and military courts (s. 943.0435(1)(b)).
2. Report to the sheriff within 48 hours. A person not in Department of Corrections custody must report in person at the sheriff's office in the county of conviction within 48 hours after being convicted; others report within 48 hours of release or of establishing a residence in Florida (s. 943.0435(2)(a)).
3. Provide the required information. Name, addresses, employment, vehicles, phone numbers, email addresses and internet identifiers, photograph, fingerprints and palm prints (s. 943.0435(2)(b)).
4. Visit a driver license office within 48 hours. The person must obtain or renew a Florida license or ID card that complies with s. 322.141(3) (s. 943.0435(3)).
5. Report changes within 48 hours. Moves, name changes, new vehicles, email addresses and internet identifiers must be reported (s. 943.0435(2), (4)).
6. Reregister in person on schedule. Twice a year for most offenders, four times a year for the offenses listed in s. 943.0435(14)(b).

Which offenses lead to registration?

The list in the statute is longer and includes some offenses by facility employees, racketeering with a written finding of a sexual offense, and similar offenses in other jurisdictions. Juveniles 14 or older adjudicated delinquent of the most serious listed offenses on or after July 1, 2007 must register too (s. 943.0435(1)(h)1.d.). How lewd conduct cases are defended is on our lewd and lascivious conduct page. Online cases are covered on our internet crimes page.

What is the difference between a sexual offender and a sexual predator?

A sexual predator designation under s. 775.21 applies when the current offense, committed on or after October 1, 1993, is a capital, life or first-degree felony violation of listed statutes such as s. 794.011 or s. 800.04, or any listed felony when the person has a prior listed conviction (s. 775.21(4)(a)). The sentencing court "must make a written finding at the time of sentencing that the offender is a sexual predator" (s. 775.21(5)). Predators face community and public notification and specialized supervision. A sexual offender who is not a predator is still on the public registry.

What happens if someone fails to register or report?

Almost every failure is a separate felony. Failing to register, to report a change of address, vehicle, phone, employment, email or internet identifier, to reregister, or to answer an address verification letter within 3 weeks is a third-degree felony, and "Each instance of a failure to register or report changes ... constitutes a separate offense" (s. 943.0435(9)(a)). The offense severity chart in s. 921.0022 ranks these failures at level 7, which scores heavily on the felony worksheet explained in how a Florida felony sentence is calculated. Vacating a permanent residence without the required report, or remaining in Florida after reporting an intent to leave the state, is a second-degree felony, both ranked at level 7.

What changes the answer?

• The exact offense and subsection. Registration turns on the statute of conviction; a plea to a non-listed offense does not trigger it. Some listed offenses have exceptions, such as s. 794.011(10) and s. 847.0135(6).
• A withhold. It does not avoid registration; a withheld adjudication still counts as a conviction (s. 943.0435(1)(b)). The general effect of a withhold is explained in what a withhold of adjudication is.
• The age gap. A person convicted of s. 800.04, s. 827.071 or s. 847.0135(5) who was not more than 4 years older than a victim aged 13 to 17, with no other listed conviction, may move the court to remove the registration requirement (s. 943.04354).
• Twenty-five years. A sexual offender may be considered for removal after 25 years since release from confinement, supervision or sanction with no arrests, unless the registration was based on certain adult convictions, such as sexual battery (s. 943.0435(11)(a)).
• Juvenile cases. Only adjudications for the most serious listed offenses, at age 14 or older, require registration (s. 943.0435(1)(h)1.d.). Juvenile procedure is described in what happens after a juvenile arrest.
• A pardon or a conviction set aside. Either ends the requirement for that offense (s. 943.0435(11)).

A worked example

For example, take a hypothetical 18-year-old in Broward charged under s. 800.04 for sexual activity with a 15-year-old he was dating. If he pleads no contest and the court withholds adjudication, he is still "convicted" for registration and must report to the Broward Sheriff within 48 hours. Because he is not more than 4 years older than a victim aged 13 to 17, and if he has no other listed conviction, he could ask the court to remove the registration requirement under s. 943.04354, with 21 days' notice to the State Attorney and FDLE, who may oppose it. The court decides; removal is not automatic, and the court must find it does not conflict with federal law, which requires that the act was consensual. If the same facts had been resolved with a plea to a non-listed offense, registration would not be triggered at all. This illustration is not a prediction for any case.

Common mistakes people make

• Assuming a withhold of adjudication avoids the registry.
• Not asking, before any plea, whether the offense of conviction is on the list.
• Missing a 48-hour report after a move, a new email or a new car, each of which is a separate felony.
• Ignoring an address verification letter, which must be answered within 3 weeks.
• Waiting until after sentencing to raise the age-gap removal motion when it could be heard at sentencing.
• Talking to investigators online or by phone before speaking with a lawyer.

What to do this week

1. Get the charging document and note the exact statute and subsection.
2. Collect the ages and dates relevant to any age-gap question.
3. List every prior case in any state or court, including juvenile and military cases.
4. Do not contact the alleged victim or post anything online.
5. If already registered, keep a written log of every report and change with dates.
6. Speak with a defense attorney about registration before any plea discussion.

Frequently asked questions

Does a withhold of adjudication avoid sex offender registration?

No. For registration, "convicted" includes a guilty or no contest plea "regardless of whether adjudication is withheld" (s. 943.0435(1)(b)).

How often must a registered person report?

In person twice a year, in the birth month and six months later, for most offenders; four times a year for offenses listed in s. 943.0435(14)(b), such as sexual battery and some s. 800.04 offenses.

Can a registration requirement ever end?

Only narrowly: a full pardon, a conviction set aside, the age-gap motion in s. 943.04354, or consideration for removal after 25 years without an arrest for offenses not excluded by s. 943.0435(11).

Is solicitation of prostitution a registrable offense?

Adult solicitation under s. 796.07 is not on the list in s. 943.0435(1)(h); offenses involving minors are a different matter. The penalties are in the penalties for solicitation in Florida.

Can a registrable conviction be sealed?

No. Any offense that is a predicate for registration as a sexual offender or predator is ineligible for sealing or expunction, "without regard to whether that offense alone is sufficient to require such registration" (s. 943.0584(2)(hh)). See our page on sealing and expunction eligibility.

What if I moved to Florida already registered elsewhere?

A person designated as a sexual predator or sexual offender in another state who establishes a residence in Florida must register here (s. 943.0435(1)(h)1.b.).

How can Mr. Mead help?

Mr. Mead's practice is devoted entirely to criminal defense, with more than three decades in South Florida courts. In a sex offense case, whether the final charge is on the registration list can matter as much as the sentence, so it should be part of every decision from the start. The office is in Boca Raton, Spanish and Portuguese are spoken, and you can call 24 hours.

Every case is different, and no result can be promised. If you are facing a sex offense charge or a registration question, a confidential call to (561) 362-6677 is a sound first step.

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