The Florida Sex Offender Registry is a publicly accessible database listing the names, addresses, and other personal information of people who have been convicted of any one of several sex-related crimes in Florida. Once a person is required to register as a Florida sex offender, their name usually remains on the list for the rest of their life.
The key to not being listed on the Sex Offender Registry is to avoid a conviction if at all possible, and that requires the assistance of a skilled and experienced sex offense criminal defense lawyer. This blog post explains who is required to register as a sex offender in Florida, what information must be reported, how the information can be used, and in what circumstances someone can have their name removed from the registry.
Tampa’s Stechschulte Nell, Attorneys at Law, have been fighting to protect the legal rights of accused and convicted sex offenders for decades because we believe that everyone’s constitutional rights matter. Every person who is subject to the registration requirements must fully understand how the Florida Sex Offender Registry operates.
Who Is Required to Register as a Sex Offender In Florida?
In Florida, the law requires anyone convicted of any of the following crimes to comply fully with the sex offender registration mandate or face severe penalties:
- child molestation
- child prostitution
- child pornography
- unlawful sexual activity with a minor (anyone under 18 years of age)
- sexual performances by a child
- sexual battery, including date rape, statutory rape, and spousal rape
- kidnapping, sex trafficking, or human trafficking
- false imprisonment
- lewd and lascivious offenses,
- buying or selling minors
- and any attempt or conspiracy to commit any of the foregoing offenses.
Can You Get Off of the Sex Offender Registry?
There are limited circumstances in which someone convicted of a sexual offense in Florida may either be excused from registering as a sex offender or may have their name removed and their obligation to register suspended.
1. Pardon or Post-Conviction Relief
A convicted sex offender who is obligated to comply with the Florida sex offender registration requirements can be relieved of that duty if they have their conviction vacated through a post-conviction relief process. That involves petitioning the courts for a new trial or other relief on the grounds that your conviction was obtained through an unfair trial in which one or more of your constitutional rights were denied.
Another avenue to escape the legal requirement to register as a sex offender is to win a full pardon from the Governor of Florida with the consent of two of the cabinet members. The pardon would need to be a full pardon, not merely a limited pardon or a commutation of sentence in order to eliminate the convicted person’s duty to register.
2. After 25 Years of No Violations
If a convicted sex offender has complied fully with the registration requirements for 25 years and has not been arrested for any misdemeanor or felony throughout that period, they may file a petition with the court seeking to be relieved of any further obligations to continue registering as a sex offender. The decision is within the judge’s discretion, and no judge is required to grant the petition.
Not all sex offenders can seek this relief. Anyone whose conviction was based on any of the following offenses is disqualified and must remain under the sex offender registration obligations for life:
- kidnapping,
- sexual battery (except a conviction for false report of a sexual battery),
- lewdness conviction for encouraging, forcing, or enticing any person less than 16 years of age to engage in sadomasochistic abuse, sexual bestiality, prostitution, or any other act involving sexual activity,
- an offender 18 years of age or older who commits lewd or lascivious molestation against a victim less than 12 years of age,
- an offender 18 years of age or older who commits lewd or lascivious molestation against a victim 12 years of age or older but less than 16 years of age,
- sexual abuse or exploitation of an elderly person.
3. Romeo & Juliet Law
The Romeo & Juliet Law is a statute (F.S. 943.04354) designed to relieve youthful offenders who commit sex offenses from bearing the public shame and permanent label of a sex offender. The intent is to recognize that some offenses are more likely to be committed by immature adolescents who may violate the law even with the other adolescent’s consent.
The conviction remains, as does the penalty imposed. But the requirement to register as a sex offender may be waived by the court if the following circumstances are present:
- The “victim” was between 13 and 17 years old,
- The “victim” was not more than four years younger than the offender,
- The sexual conduct was consensual,
- There is no other qualifying sex crime on the offender’s record.
Read More > What Happens If I Don’t Register as a Sex Offender After Conviction
Avoiding Conviction Is the Best Way to Escape Florida Sexual Offender Registry
Experienced Florida sex offense criminal defense lawyers know that sex offenses are among the most difficult cases for prosecutors to win a conviction. That’s because effective defenses can seriously challenge the reliability and credibility of the state’s evidence.
At Stechschulte Nell, Attorneys at Law, we are committed to presenting the most effective defense and pursuing the strategy most likely to result in a favorable outcome for every client. Contact us today at 813-280-1244 for a case review. We are on your side.
