Sexual Offender Laws in Florida

A registered sex offender may be any individual who has been convicted of a sexual offense under federal or state law. Individuals who are registered sex offenders may be listed in a sex offender registry, which includes information such as their name and address.

Crimes that typically result in an individual being required to register as a sex offender include:

• Rape;
• Child molestation;
• Harassment; and
• Other types of sexual abuse.

Background on Florida’s Sexual Offender Laws

The sex offender laws in Florida outline the crimes that may result in an individual being placed in the sex offender registry. The sex offender registry laws in Florida were influenced by cases involving children in the state.

“Jessie” Lunsford, a 9 year old girl from a small town in Florida wanted to be a fashion designer and Olympic swimmer when she grew up. Unfortunately, those childhood dreams were cut brutally short, when, in 2005, she was abducted from her home, raped, and buried alive by a registered sex offender.

In response to this tragic case and the case of Sarah Lunde, a 13 year old girl who was also murdered by a sex offender, the State of Florida enacted laws that would informally be known as “Jessica’s Law” that increased both criminal punishments and civil penalties for sexual offenses.

In 2018, Florida Governor Rick Scott signed a bill into law that made registration requirements more severe for sex offenders in the state.

What Do Florida’s Sexual Offender Laws Do?

“Jessica’s Law,” discussed above, provides a minimum 25 year prison sentence for an individual who is convicted of a sexual crime involving a child under the age of 12. It also requires GPS tracking on the individual after they have been released.

In addition, Florida law provides that being a sexual predator is an aggravating factor in a murder charge. This affects the defendant potentially being sentenced to the death penalty, making it easier for the prosecution to argue in its favor.

Can Someone Convicted of the Rape of a Child Be Sentenced to Death?

Although the laws of the State of Florida allow for the death penalty in a child rape case, the Florida Supreme Court held in 1991 that the use of the death penalty was prohibited in child rape cases where the child was not murdered.

In addition, in 2008, the United States Supreme Court banned the use of the death penalty for child rape.

Who Must Register as a Sex Offender?

Every state has its own requirements regarding which individuals must be registered sex offenders. Because of this, it is important to review the laws of the location where the crime occurred.

Some states, including Florida, have strict laws that require any individual to register who:

• Is convicted of a qualifying sexual offense in the State of Florida or in another jurisdiction. Qualifying sexual offense include:
  • Legally prohibited sexual misconduct;
  • Kidnapping of a minor;
  • False imprisonment;
  • Luring or enticing of a minor;
  • Human trafficking;
  • Unlawful sexual activity with certain minors;
  • Lewd/lascivious behavior committed upon or in presence of minors under 16;
  • Video voyeurism of minors;
  • Computer pornography;
  • Buying or selling of minors; or
  • Violation of a similar type law in another jurisdiction;
• Is released from or currently serving probation or parole or incarceration for qualifying sexual offense on or after October 1, 1997;
• Has a residence in Florida who has a requirement to register as a sexual offender in Florida, or would in another jurisdiction; and
• Was adjudicated as delinquent on or after July 1, 2007 of certain sex crimes and who was 14 or older at time of their trial.

The requirements of the State of Florida require that, even if the crime occurred in another state and the individual is registered elsewhere, they will be required to register as a sex offender if they want to live in Florida.

Registration as a Sex Offender

Similar to other states, sex offenders in the State of Florida must register with the local authorities 3 to 4 times a year, depending upon the crime for which they were convicted. Under the national Megan’s Law, passed in 1994, their information will be made public.

Sex offenders are required to:

• Keep local law enforcement informed of their presence in counties;
• Inform police of travel plans through other counties;
• Update a long list of personal information every year, to include:
  • name;
  • date of birth;
  • social security number;
  • race;
  • sex;
  • height and weight;
  • hair and eye color;
  • tattoos and other identifying marks;
  • fingerprints;
  • palm prints;
  • photograph;
  • occupation and place of employment;
  • residential information;
  • vehicle information;
  • all phone numbers and email addresses;
  • conviction information;
  • passport information;
  • professional license information; and
  • immigration status; and
• Transient offenders must update every 30 days.

A registered sex offender who is living in Florida is required to report if they plan to move or to travel out of state. A registered sex offender from another state must report to the sheriff’s office within 48 hours of their arrival in the state.

Even an offender who is only visiting must report their presence. If an individual who is required does not register as a sex offender, they can be charged with a felony.

A felony is punishable by incarceration and hefty criminal fines. The laws of the State of Florida may place restrictions on where registered sex offenders can reside. Depending on the specific crime of which the individual was convicted, an offender may be prevented from establishing a residence within 1,000 feet of a:

• Playground;
• Park
• Childcare facility; or
• School.

Individuals who have been convicted of certain crimes may also be prevented from loitering in areas where children gather.

How to Be Removed from the Florida Sex Offender Registry

Sex offender registration in the State of Florida is for life. However, sex offenders may petition for removal after 20 years as long as they have not committed any misdemeanor or felony offenses.

The sex offender must also satisfy basic requirements, such as:

• Their crime is eligible for removal: There are certain crimes that can eventually be removed. The following crimes are not eligible:
  • Sexual battery;
  • Lewd or lascivious offense committed in front of someone under the age of 16;
  • Sexual performance by a child;
  • Computer pornography; and
  • Prohibited computer use or traveling to meet a minor.
• Defendant must be within four years of age of the victim: The victim must also have been 14 to 17 years old when the crime was committed.
• Timing of the crime: The crime must have been committed on or after July 1, 2007.

The individual must file a petition clearly stating why they are eligible for removal.

The State can contest the individual’s petition for removal from the registry and provide evidence to show why the offender should remain on the sex offender registry. The sex offender registry is updated as often as information is received from law enforcement agencies as individuals are added and removed.

A deceased offender will remain on the registry for one year following their death.

Should I Consult a Lawyer?

Sexual criminal offenses are very serious offenses, especially those involving a child. If you are facing charges for a sex crime, it is essential to consult with a Florida criminal lawyer as soon as possible.

Your lawyer will advise you of the laws of Florida as well as the consequences you may face if convicted. In addition, your lawyer will appear with you in court and help ensure your rights are protected.