Failing to register as a sex offender in Florida following a conviction is a third-degree felony under Florida law. If convicted, the penalty for failing to comply with Florida’s sex offender registration requirements is up to five years in prison, five years of probation, and a $5,000 fine.
This offense also constitutes a level 7 offense under the Florida Punishment Code. Unless the court finds grounds to justify a downward departure, the offense requires a minimum sentence of 21 months in prison. And since part of the sentencing analysis includes considering an offender’s prior criminal history, the earlier sex offense conviction can increase the sentence imposed by the court.
The legal requirement to register as a sex offender or a sexual predator remains binding for at least 15 years and often for the rest of the offender’s life. Escape from registration requirements may be possible after the offender has completed their entire sentence, probation, and period of supervision, and has had no arrests in the interim.
Only after 25 years may a Florida sex offender petition for a waiver of the requirement to register. Granting such a petition is entirely within the court’s discretion.
Registration as a Sex Offender or Sexual Predator is Demanding
Registering with proper authorities can become a real burden for many sex offenders. Because of the nature of their offense, few people are willing to empathize with the demands of registration on Florida sex offenders. However, as experienced criminal defense lawyers here in Tampa, the Stechschulte Nell Law Firm understands how easily even a rehabilitated, well-intentioned person with a sex offense conviction might be accused of noncompliance with registration requirements unjustly.
Sex Offender and Sexual Predator Registration Timing and Frequency
Every person convicted of a qualifying sex offense or designated as a sexual predator must register in person at their county sheriff’s office within 48 hours of their release from prison or establishing any residence in the state of Florida, even a temporary residence.
Sex offenders must renew that registration at least twice each year, and those designated sexual predators must do so at least four times each year. If their residence is temporary, then all sex offenders are required to check in and reaffirm their registration at least once every 30 days.
Each and every time any change occurs in the details reported on the sex offender’s registration, they must update their registration in person with the correct information.
Sex offenders must also appear and notify the Department of Motor Vehicles of their status as sex offenders and obtain a driver’s license or state-issued identification card. Any change of address or other pertinent information must be immediately reported to the DMV and other registration authorities.
What Information Must Sex Offenders Register in Florida?
Florida law requires all convicted sex offenders and sexual predators, including those who were convicted in other states and are living temporarily in Florida, to register the following information with the appropriate public law enforcement agency:
- Name,
- Social security number,
- age
- race
- sex
- date of birth
- height
- weight
- tattoos or other identifying mark
- hair and eye color
- photograph
- address of legal residence
- address of any temporary residence
- any transient residence
- any known future temporary residence
- email addresses
- Internet identifiers
- website homepage
- application software name
- all telephone numbers
- employment information
- make, model, VIN, and license tag number of all vehicles
- date and place of each conviction
- fingerprints and palm prints
- description of the crime committed
- report any professional licenses
- produce passport
Electronic Monitoring If Not Incarcerated for Failing to Register
If a person required to register as a sex offender under Florida law is convicted of failing to do so and is not incarcerated, then the court must impose a mandatory period of electronic monitoring. The length of the monitoring must be as follows:
- 1st offense – electronic monitoring for a mandatory minimum term of 6 months
- 2nd offense – electronic monitoring for a mandatory minimum term of 1 year
- 3rd or subsequent offense, electronic monitoring for a mandatory minimum term of 2 years
Defending a Charge of Failure to Register as a Sex Offender
To be convicted of the crime of failing to register as a sex offender in Florida, the prosecution must prove every element of the crime. In the context of proving the felony “failing to register as a sex offender” in violation of F.S. 943.0435, there are numerous ways in which the law could be violated.
A convicted sex offender might violate the law by failing to register within 48 hours of being released from custody, failing to register with a county sheriff within 48 hours after establishing a transient residence in a particular county, failing to register with the DMV, etc.
If the defendant did not “knowingly and willfully” fail to register, then no conviction can be sustained.
- Extenuating circumstances may have prevented the defendant from appearing in person to register (e.g., physical illness or injury requiring hospitalization or rendering them immobile)
- Lack of actual notice (No written notice received, or notice misdirected)
- Mental or intellectual disability preventing a defendant from understanding the legal obligation to register.
- Defendant complied, but filing or data entry errors occurred in the document recording system.
When charging a defendant with criminal violation of the sex offender registration statute, the prosecution must allege the manner in which the law was violated and then prove the facts corresponding to the specific allegations contained in the charges beyond a reasonable doubt.
The Florida District Court of Appeals for the Fourth District provided a perfect illustration in the case of Demus v. State in 2019.i The defendant was charged in Broward County with two felony counts of failing to register as a sex offender. The first count accused the defendant of failing to register within 48 hours of establishing a residence in the county and count two alleged that he had failed to register with the DMV within 48 hours of changing his permanent, temporary, or transient address.
After the state rested its case, the defense moved to dismiss the charges on the grounds that no evidence was ever presented proving that Demus had ever established a residence within Broward County. The trial court denied the motion and the jury convicted Demus on both counts. The Court of Appeals reversed the conviction and agreed with the defense that the state never produced evidence showing that Demus established a temporary residence within Broward County. Without evidence of his residing in Broward County, Demus had no obligation to register there.
To convict a convicted sex offender of felony failure to register under Florida Law, the state must prove the following elements of the charge beyond a reasonable doubt:
- The defendant is a convicted sex offender,
- The defendant was obligated to register (alleging specific facts — established a residence, was released from custody, changed address, etc., specified in F.S. 943.0435), and
- The defendant knowingly failed to report in person to the specified authority after engaging in the alleged conduct (established a residence, was released from custody, changed address, etc., specified in F.S. 943.0435).
Read More > What to Do If You Are Falsely Accused of a Sex Crime in Florida
Tampa Criminal Defense
If you have been charged with a sex crime, call our attorneys at Stechschulte Nell. We can help mitigate the charges you face and possibly prevent you from having to register as a sex offender.
Call 813-280-1244 for a case review today. We are ready to defend your case.
