Sex Crimes

WHAT IS THE FLORIDA "ROMEO & JULIET LAW

The Romeo & Juliet law allows for the removal of the requirement to register as a sexual offender or sexual predator under certain circumstances. The law allows certain offenders who specifically meet the criteria of the statute to ask the court for relief from the requirement of registering as a sexual offender/predator.

Several criteria are specified including: the victim in the case was at least 13 and not more than 17 years of age, is no more than four years younger than the offender, and the sexual activity was consensual. The qualifying offense must be the only sex crime on the offender's record requiring registration.

SEXUAL BATTERY

Sexual battery in Florida means oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object; however, sexual battery does not include an act done for a bona fide medical purpose.

Anyone 18 or older who commits sexual battery upon, or in an attempt to commit sexual battery injures the sexual organs of, a person less than 12 years of age commits a capital felony punishable by death or life in prison without the possibility of parole.

Anyone 18 or older who commits sexual battery upon, or in an attempt to commit sexual battery injures the sexual organs of, a person less than 12 years of age commits a life felony punishable by life in prison.

A person who commits sexual battery upon a person 12 years of age or older, without that person's consent, and in the process thereof uses or threatens to use a deadly weapon or uses actual physical force likely to cause serious personal injury commits a life felony punishable by life in prison.

LEWD OR LASCIVIOUS MOLESTATION

The words Lewd, lascivious, and indecent conduct mean being lustful, licentious (sexually unrestrained), unchaste, wicked, or sensual intent by the person doing an act.

Anyone who intentionally touches in a lewd or lascivious manner the breasts, genitals, genital area, or buttocks, or the clothing covering them, of a person less than 16 or forces or entices a person under 16 to touch the perpetrator, commits lewd or lascivious molestation. Anyone 18 or older who commits lewd or lascivious molestation against a victim less than 12 commits a life felony. A life felony for this section means a term of imprisonment for life or a split sentence that is a term of not less than 25 years' imprisonment and not exceeding life imprisonment, followed by probation or community control for the remainder of the person's natural life.

Anyone less than 18 who commits lewd or lascivious molestation against a victim less than 12 or an offender 18 or older who commits lewd or lascivious molestation against a victim 12 or older but less than 16 commits a second- degree felony punishable by 15 years in prison and a $10,000.00 fine.

Anyone less than 18 who commits lewd or lascivious molestation against a victim 12 or older but less than 16 commits a third-degree felony punishable by 5 years in prison and a $5,000.00 fine.

LEWD OR LASCIVIOUS BATTERY

The words Lewd, lascivious, and indecent conduct mean being lustful, licentious (sexually unrestrained), unchaste, wicked, or sensual intent by the person doing an act.

Anyone who engages in sexual activity with a person 12 or older but less than 16 or encourages, forces, or entices any person less than 16 to engage in sadomasochistic abuse, sexual bestiality, prostitution, or any other act involving sexual activity commits lewd or lascivious battery commits a second-degree felony punishable by 15 years in prison and a $10,000.00.

LEWD OR LASCIVIOUS CONDUCT 

The words Lewd, lascivious, and indecent conduct mean being lustful, licentious (sexually unrestrained), unchaste, wicked, or sensual intent by the person doing an act.

Anyone who intentionally touches a person under 16 in a lewd or lascivious manner or solicits a person under 16 commit a lewd or lascivious act commits lewd or lascivious conduct.

Anyone 18 or older who commits lewd or lascivious conduct commits a second-degree felony punishable by 15 years in prison and a $10,000.00 fine.

Anyone younger than 18 who commits lewd or lascivious conduct commits a third-degree.felony punishable by 5 years in prison and a $5,000.00 fine.

LEWD OR LASCIVIOUS EXHIBITION 

The terms Lewd, lascivious, and indecent conduct mean being lustful, licentious (sexually unrestrained), unchaste, wicked, or sensual by the person doing an act.

A person who intentionally masturbates, intentionally exposes the genitals in a lewd or lascivious manner or intentionally commits any other sexual act that does not involve actual physical or sexual contact with the victim, including, but not limited to, sadomasochistic abuse, sexual bestiality, or the simulation of any act involving sexual activity in the presence of a person who is less than 16 commits lewd or lascivious exhibition.

Anyone 18 or older who commits a lewd or lascivious exhibition commits a second-degree felony punishable by 15 years in prison and a $10,000.00 fine.

Anyone 18 or younger who commits a lewd or lascivious exhibition commits a third-degree felony punishable by 5 years in prison and a $5,000.00 fine.

VOYEURISM

A person commits the offense of voyeurism when he or she, with lewd, lascivious, or indecent intent, secretly observes another person when the other person is located in a dwelling, structure, or conveyance and such location provides a reasonable expectation of privacy.

Anyone who violates this section commits a first-degree misdemeanor, for a first violation, punishable by 1 year in jail and a $1,000.00 fine.

Anyone who violates this section and who has been previously convicted or adjudicated delinquent two or more times of any violation of this section commits a third-degree felony punishable by 5 years in prison and a $5,000.00 fine.

COMPUTER PORNOGRAPHY; PROHIBITED COMPUTER USAGE 

Anyone who knowingly uses a computer online service, internet service, local bulletin board service, or any other device capable of electronic data storage or transmission to seduce, solicit, lure, or entice, or attempt to seduce, solicit, lure, or entice, a child or another person believed by the person to be a child, to commit any illegal act described or to otherwise engage in any unlawful sexual conduct with a child or with another person believed by the person to be a child; or to solicit, lure, or entice, or attempt to solicit, lure, or entice a parent, legal guardian, or custodian of a child or a person believed to be a parent, legal guardian, or custodian of a child to consent to the participation or to engage in any sexual conduct, commits a third-degree felony punishable by 5 years in prison and a $5,000.00 fine.

Anyone who misrepresents his or her age, commits a second-degree felony punishable by 15 years in prison and a $15,000.00 fine. Each separate use of a computer online service, Internet service, local bulletin board service, or any other device capable of electronic data storage or transmission wherein an offense described in this section is committed may be charged as a separate offense.

VIDEO VOYEURISM DISSEMINATION

A person commits the offense of video voyeurism dissemination if that person, knowing or having reason to believe that an image was created in a manner described in this section, intentionally disseminates, distributes, or transfers the image to another person for the purpose of amusement, entertainment, sexual arousal, gratification, or profit, or for the purpose of degrading or abusing another person.

A person commits the offense of commercial video voyeurism dissemination if that person knowing or having reason to believe that an image was created in a manner described in this section, sells the image for consideration to another person or having created the image in a manner described in this section, disseminates, distributes, or transfers the image to another person for that person to sell the image to others.

A person who is under 19 and who violates this section commits a first-degree misdemeanor punishable by 1 year in jail and a $1,000.00 fine.

A person who is 19 or older and who violates this section commits a third-degree a felony punishable by 5 years in prison and a $5,000.00 fine.

A person who violates this section and who has previously been convicted of or adjudicated delinquent for any violation of this section commits a second-degree felony punishable by 15 years in prison and a $15,000.00 fine.

A person who is 18 or older who is responsible for the welfare of a child younger than 16 regardless of whether the person knows or has reason to know the age of the child, and who commits an offense under this section against that child or 18 or older who is employed at a private school or a voluntary prekindergarten education program and who commits an offense under this section against a student of the private school, school, or voluntary prekindergarten education program or 24 or older who commits an offense under this section against a child younger than 16 years of age, regardless of whether the person knows or has reason to know the age of the child commits a second-degree felony punishable by 15 years in prison and a $15,000.00 fine.

A person who violates this subsection and who has previously been convicted of or adjudicated delinquent for any violation of this section commits a second-degree felony punishable by 15 years in prison and a $15,000.00 fine.

TRAVELING TO MEET A MINOR

Anyone who travels any distance either within this state, to this state, or from this state by any means, who attempts to do so, or who causes another to do so or to attempt to do so for the purpose of engaging in any illegal act or to otherwise engage in other unlawful sexual conduct with a child or with another person believed by the person to be a child after using a computer online service, internet service, local bulletin board service, or any other device capable of electronic data storage or transmission to seduce, solicit, lure, or entice or attempt to seduce, solicit, lure, or entice a child or another person believed by the person to be a child, to engage in unlawful sexual conduct with a child or to solicit, lure, or entice or attempt to solicit, lure, or entice a parent, legal guardian, or custodian of a child or a person believed to be a parent, legal guardian, or custodian of a child to consent to engage in any sexual conduct commits a second-degree felony punishable by 15 years in prison and a $15,000.00 fine.

PROHIBITED COMPUTER TRANSMISSIONS

Anyone who intentionally masturbates, intentionally exposes the genitals in a lewd or lascivious manner or intentionally commits any other sexual act that does not involve actual physical or sexual contact with the victim, including, but not limited to, sadomasochistic abuse, sexual bestiality, or the simulation of any act involving sexual activity live over a computer online service, Internet service, or local bulletin board service and who knows or should know or has reason to believe that the transmission is viewed on a computer or television monitor by a victim who is less than 16 years of age, commits lewd or lascivious exhibition in violation of this subsection.

The fact that an undercover operative or law enforcement officer was involved in the detection and investigation of an offense under this subsection shall not constitute a defense to a prosecution under this subsection.

Anyone 18 or older who commits a lewd or lascivious exhibition using a computer commits a second degree felony the second-degree punishable by 15 years in prison and a $15,000.00 fine.

A person less than 18 who commits a lewd or lascivious exhibition using a computer commits a third-degree felony punishable by 5 years in prison and a $5,000.00 fine.

A mother's breastfeeding of her baby does not under any circumstance constitute a violation of this subsection.

SEXTING

A minor commits the offense of sexting if he or she knowingly uses a computer, or any other device capable of electronic data transmission or distribution, to transmit or distribute to another minor any photograph or video of any person which depicts nudity that is harmful to minors.

Possesses a photograph or video of any person that was transmitted or distributed by another minor which depicts nudity and is harmful to minors.

A minor who violates this subsection commits a noncriminal violation for a first violation, punishable by 8 hours of community service or, if ordered by the court in lieu of community service, a $60 fine. The court may also order the minor to participate in suitable training or instruction in lieu of, or in addition to, community service or a fine.

A minor who violates this subsection after being found to have committed a noncriminal violation for sexting commits a first-degree misdemeanor punishable by 1 year jail and a $1,000.00.

A minor who violates this subsection after being found to have committed a misdemeanor violation for sexting commits third-degree felony punishable by 5 years in prison and a $5,000.00.

A minor does not violate this paragraph if the minor did not solicit the photograph or video, the minor took reasonable steps to report the photograph or video to the minor's legal guardian or to a school or law enforcement official, the minor did not transmit or distribute the photograph or video to a third party.

The transmission or distribution of multiple photographs or videos is a single crime if the photographs or videos were transmitted or distributed within the same 24-hour period.

The possession of multiple photographs or videos that were transmitted or distributed by a minor is a single crime if the photographs or videos were transmitted or distributed by a minor in the same 24-hour period.

TRANSMISSION OF PORNOGPHRY 

Anyone who, in this state, knew or reasonably should have known that he or she was transmitting child pornography to another person commits a third-degree felony and anyone in any jurisdiction other than this state who knew or reasonably should have known that he or she was transmitting child pornography to any person in this state commits a third-degree felony punishable by 5 years in prison and a $5,000.00 fine.

JIMMY RYCE ACT

Nine-year-old Jimmy Ryce was abducted on September 11, 1995 raped, murdered and dismembered within a four-hour period.

The Jimmy Ryce Act, known as the Jimmy Ryce Involuntary Civil Commitment for Sexually Violent Predators' Treatment and Care Act was passed unanimously by the Florida legislature and was signed on May 19, 1998, The act calls for inmates with sex offense histories to be reviewed by the Florida Department of Corrections, the Florida Department of Children and Families and state attorneys to determine the level of risk for reoffending. Upon release from incarceration, these inmates may be subject to civil proceedings and commitment to a secure facility for treatment. 

SEXUAL ACTIVITY WITH AN ANIMAL (BEASTIALITY)

A person commits the crime of Sexual Activity with an Animal when the defendant knowingly engaged in sexual conduct or sexual contact with an animal or caused or aided or abetted another person to engage in sexual conduct or sexual contact with an animal or permitted sexual conduct or sexual contact with an animal to be conducted on any premises under his/her charge or control or organized, promoted, conducted, advertised, aided, abetted, participated in as an observer, performed any service in the furtherance of an act involving sexual conduct or sexual contact with an animal for a commercial or recreational purpose. 

Definitions: 

Sexual conduct means any touching or fondling by a person, either directly or through clothing, of the sex organs or anus of an animal or any transfer or transmission of semen by the person upon any part of the animal for the purpose of sexual gratification or arousal of the person.

Sexual contact means any contact, however slight, between the mouth, sex organ, or anus of a person and the sex organ or anus of an animal, or any penetration, however slight, of any part of the body of the person into the sex organ or anus of an animal, or any penetration of the sex organ or anus of the person into the mouth of the animal, for the purpose of sexual gratification or sexual arousal of the person.

Punishment:

A person convicted of Sexual Activity With An Animal is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

SEX OFFENDER REGISTRATION

From the Florida Department of Law Enforcement (FDLE) Website

1. Who must register as a sexual offender?
   • A sexual offender is an individual who meets one or more of the following criteria:
     1. He or she has been convicted of a qualifying sexual offense in Florida or another jurisdiction. Qualifying Adult Convictions include:
        1. Sexual misconduct prohibited (F.S. 135(2)).
        2. Sexual misconduct prohibited (F.S. 4593(2)).
        3. Kidnapping (F.S. 01), where the victim is a minor.
        4. False imprisonment (F.S. 02), where the victim is a minor.
        5. Luring or enticing a child (F.S. 025(2)(c)), where the victim is a minor.
        6. Human Trafficking (F.S. 06(3)(b), (d), (f), or (g) and former 787.06(h)).
        7. Sexual battery (F.S. 011), excluding subsection 10.
        8. Unlawful sexual activity with certain minors (F.S. 05).
        9. Procuring a person under the age of 18 for prostitution (former F.S. 796.03).
        10. Selling or buying of minors into sex trafficking or prostitution (former F.S. 796.035).
        11. Lewd/lascivious offense committed upon or in the presence of persons less than 16 years of age (F.S. 04).
        12. Video Voyeurism of a minor (F.S. 145(8))
        13. Lewd/lascivious offense committed upon or in the presence of an elderly person or disabled adult (F.S. 1025).
        14. Sexual performance by a child (F.S. 071).
        15. Protection of minors; prohibition of certain acts in connection with obscenity (F.S. 0133).
        16. Computer pornography (F.S. 0135), excluding subsection 6.
        17. Transmission of child pornography by electronic device/equipment (F.S. 0137).
        18. Transmission of material harmful to minors to a minor by electronic device/equipment (F.S. 0138).
        19. Selling or buying of minors (for portrayal in a visual depiction engaging in sexually explicit conduct) (F.S. 0145).
        20. Offenses concerning racketeering and illegal debts (F.S. 03), where the court makes a written finding that the racketeering activity involved at least one sexual offense in this list.
        21. Sexual misconduct prohibited (F.S. 1075(2)).
        22. Sexual misconduct prohibited (F.S. 701(1)).
        23. A violation of a similar law of another jurisdiction (i.e. federal, military, other state or country); AND
     2. He or she has been released from or is currently serving parole, probation, or incarceration for a qualifying sex offense (listed above) on or after October 1, 1997;-OR
     3. He or she establishes or maintains a residence (permanent, temporary, or transient) in Florida and has a requirement to register or would have a requirement to register as a sexual offender in another jurisdiction;-OR
     4. He or she was adjudicated delinquenton or after July 1, 2007, for one of the following offenses and was 14 years of age or older at the time of the offense:
        1. Sexual battery (F.S. 011excluding subsection 10).
        2. Lewd/lascivious battery where the victim is under 12 or the court finds sexual activity by the use of force or coercion (F.S. 04(4)(a)2).
        3. Lewd/lascivious molestation, victim under 12, where the court finds molestation involving unclothed genitals (F.S. 04(5)(c)1).
        4. Lewd/lascivious molestation, victim under 16 but more than 12, where the court finds the use of force or coercion and unclothed genitals (F.S. 04(5)(d)).
        5. A violation of a similar law of another jurisdiction (i.e. federal, military, other state).    Top

2. What is a sexual predator?
   • A sexual predator is an individual who has been convictedof a sexually violent offense as defined in Florida Statute 21 (which may include offenses from another jurisdiction) AND has a written court order designating the individual a sexual predator; OR
   • An individual who is civilly committed under the Florida Jimmy Ryce Sexually Violent Predator Act ANDhas a written court order designating the individual as a sexual predator.    Top

3. What are the basic registration obligations of sexual offenders/predators?
   • Registrants are required to report to their local sheriff's office (for a list of locations click here) and provide information including but not limited to:
     1. Name
     2. Date of birth
     3. Social security number
     4. Race
     5. Sex
     6. Height and weight
     7. Hair and eye color
     8. Tattoos or other identifying marks
     9. Fingerprints
     10. Palm prints
     11. Photograph
     12. Occupation and place of employment
     13. Residential address(es) including transient (i.e. homeless)
     14. Vehicle information
     15. All home telephone numbers and cellular telephone numbers
     16. All electronic mail addresses, Internet identifier's, and each Internet identifier's corresponding website homepage or application software name.
     17. Conviction information
     18. Passport information
     19. Immigration status/documentation
     20. Professional license information

Note: This information is a public record unless exempt or confidential pursuant to Chapter 119, F.S.

• Sexual offenders must complete a registration form at their county sheriff's office either twice a year (birth month and every 6th month thereafter) or four times a year (birth month and every 3rd month thereafter) depending upon their offense. For a list of qualifying offenses for quarterly registration (four times a year) please refer to Florida Statute 0435(14)(b).
• All sexual predators, some sexual offenders, and all juvenile sexual offenders must report four times a year (birth month and every 3rd month thereafter).
• Sexual offenders/predators must update their driver license or identification card within 48 hours after any change to their residence (permanent, temporary, or transient) or name.
• Sexual offenders/predators MUST maintain registration for the duration of their life.
• All qualifying sexual offenders, sexual predators, and juvenile sexual offenders will be listed on the public registry website.

Note: this is a partial list of responsibilities; please refer to Florida Statutes 775.21 and 943.0435 for a complete listing of registration obligations.    Top

4. How often is the Florida Sexual Offender/Predator Registry updated?
   • The public registry website is updated on a "real-time," continuous basis as new information is received from FDLE's criminal justice partner agencies.    Top

5. Do juvenile sex offenders/predators have to register?
   • A juvenile sexual offender is required to register in Florida if he or she:
     1. Has been convicted as an adult for a qualifying sexual offense and meets the criteria in Florida Statute 0435or 775.21 to register as an adult sexual offender or predator; OR 
     2. Was adjudicated delinquenton or after July 1, 2007 for a qualifying sexual offense in this state or a similar offense in another jurisdiction when he or she was 14 years of age or older at the time of the offense (F.S. 943.0435(1)(a)1.d).  Top

6. Do out-of-state sex offenders have to register in Florida, even if they are ONLY visiting, attending school, or working in Florida?
   • Yes, if an offender or predator is visiting Florida from another state, he or she must report in person to the sheriff's office within 48 hours of establishing a temporary residencein Florida. He or she is required to report within 48 hours from the time of his or her registration with the sheriff's office to report in person to the Department of Highway Safety and Motor Vehicles (DHSMV) with a copy of the completed sexual offender/predator registration form to obtain a valid Florida identification card or driver's license. Failure to comply with these registration requirements as provided by Florida Statute is a felony of the 3rd degree.
   • Yes, federal and state laws require sexual offenders/predators to register in all jurisdictions in which they live, work, or go to school. Sexual offenders/predators who are required to register with a temporary addressin Florida are subject to all Florida registration laws while the offender/predator is residing within the state, including being listed on the Florida Sexual Offender/Predator Public Registry website.

NOTE: A Sexual offender/predator's information is not removed from the registry's public website when the sexual offender/predator leaves the state of Florida.

NOTE: Removal from another state's registration requirement does not guarantee removal from the requirement to register in Florida.    Top

7. What information is a sexual offender/predator required to report if he or she is planning to travel or move outside of Florida or the United States?
   • A sexual offender/predator planning to travel to other states within the U.S. must report in person to the sheriff of the county where he or she currently resides in Florida within 48 hours before the date he or she intends to leave Florida; OR
   • If the intended destination is outside of the U.S., he or she must report in person to the sheriff of the county where he or she currently resides in Florida at least 21 days before the date he or she intends to travel;

AND

• Must provide to the sheriff the address, municipality, county, state, and country of the intended residence, and for international travel, a sexual offender/predator must also provide travel information, including expected departure and return dates, flight number, airport of departure, cruise port of departure, or any other means of intended travel.
• Any travel that is not known (unexpected) by the sexual offender/predator within 48 hours (within the U.S.) or 21 days before departure (international travel), MUST be reported to the sheriff's office as soon as possible before departure.

    Top

8. What is the Florida "Romeo & Juliet" Law?
   • Florida Statute 04354, "Removal of the requirement to register as a sexual offender or sexual predator under certain circumstances"is commonly referred to as the "Romeo & Juliet" law. This law allows certain offenders who specifically meet the criteria of the statute to petition the court for relief from the requirement to register as a sexual offender/predator. Several criteria are specified including: the victim in the case was at least 13 and not more than 17 years of age, is no more than four years younger than the offender, and the sexual activity was consensual. The qualifying offense must be the only sex crime on the offender's record requiring registration. Please see the complete statutory text (F.S. 943.04354) for further details.  Top

9. How can I receive more information about predators/offenders?
   • FDLE is authorized to post registered sexual offenders/predators via the public website. The FDLE website lists sexual offender/predator flyers which include a photo, designation, status, a physical description of the offender/predator, crime information, and a registered address.
   • Searches may be conducted by area (city, county, and/or zip code), name, university/campus, or E-mail/Internet Identifier. To conduct a search, click on the red Offender Searchbutton at the top of the site.
   • Citizens may also sign up for email notification using the Florida Offender Alert System. The emails are sent when a sexual offender/predator moves within a certain distance from a specified location set by the citizen or when a particular sexual offender/predator moves anywhere throughout the state of Florida. Click on the yellow Offender Alert Systembutton at the top of the site to sign up.
   • A Florida criminal history for an individual may be obtained through the FDLE website (fdle.state.fl.us) for a fee. Click on the Request a Criminal Historybutton approximately halfway down the page.
   • To obtain details regarding a specific crime that occurred in Florida, contact the Office of the Clerk of Courts in the county in which the subject was convicted. The county of conviction is listed on the offender/predator registry flyer. Clicking on the county link provided will open a new window with all Florida Clerk of Court websites.
   • To obtain details regarding an arrest in Florida, contact the local arresting law enforcement agency.  Top

10. How do I report information regarding a sexual offender or a sexual crime?
    • If you have reason to believe that a sexual crime has occurred or you have been a victim of sexual abuse, please immediately contact the local sheriff's office or police department where the crime occurred (http://offender.fdle.state.fl.us/offender/Links.jsp).
    • If you believe there is any illegal material presented on a website such as child pornography or child solicitation, please contact your local sheriff's office or police department, as well as the Florida Computer Crime Center at http://www.fdle.state.fl.us/cms/FCCC/FC3-Home.aspx.
    • If you have information that a registered sex offender is not living at his or her registered address, please contact the local law enforcement agency as soon as possible.   Top

11. Does Florida have a civil commitment law?
    • Yes, please see the Jimmy Ryce Civil Commitment Act (F.S 910-394.932) for specific statutory language regarding civil commitment.  Top

12. Where can I find information about sexual offender/predator residency restrictions?
    • Florida's sexual offender/predator registration laws do not prohibit offenders/predators from living in certain areas or from sharing a residence with another sexual offender/predator. However, there may be municipal and/or county ordinances that outline where sexual offenders/predators can live, who they can or cannot come in contact with, or what areas in a community they can or cannot be near or visit. Contact your law enforcement agency to obtain this information. For more information pertaining to residency restrictions please see Florida Statute 215.
    • Florida's sexual offender/predator registration laws do not prohibit a sexual offender/predator from living with a child or minor based solely on the individual's requirement to register. However, if an offender/predator is currently under supervision with the Department of Corrections or the Department of Juvenile Justice he or she may have specific guidelines/restrictions set by a judge. This information can be obtained by contacting Department of Correctionsor Department of Juvenile Justice  Top

13. Can a sexual offender/predator visit a park, school, or child care center?
    • There are restrictions for offenders convicted of certain crimes. Please refer to Florida Statutes 022and 775.21(10)(b) for more information.  Top

14. Can a sexual offender/predator petition the court to be removed from the Florida registry?
    • There is no provision in Florida law allowing sexual predators to petition the court for removal of the sexual predator designation.
    • A registered sexual offender meeting Florida statutory criteria is required to register for life, unless he or she has received a full pardon or received post-conviction relief for his or her qualifying offense. However:
    • Certain individuals required to register as sexual offenders that have been lawfully released from sanctions, confinement, or supervision for at least 25 years and have not been arrested for any felony or misdemeanor offense since release may petition the court for the purpose of removing the requirement for registration as a sexual offender; provided the offense was not based on an adult conviction or violation of:
      1. kidnapping (F.S. 01);
      2. false imprisonment (F.S. 02);
      3. sexual battery (F.S. 011, excluding subsection 10);
      4. lewd/lascivious battery where the victim is under 12 or the court finds sexual activity by the use of force or coercion (F.S. 04 (4)(a)2);
      5. lewd/lascivious molestation where the victim is under 12 (F.S. 04(5)(b));
      6. lewd/lascivious molestation where the court finds the offense involved the use of force or coercion and unclothed genitals or genital area (F.S. 04(5)(c)2);
      7. lewd/lascivious battery on an elderly or disabled person (F.S. 1025(2)(a));
      8. any attempt or conspiracy to commit any such offense;
      9. any violation of similar law of another jurisdiction; or
      10. any violation of a similar Florida offense which has been redesignated to one of those listed above.

If the sexual offender meets the criteria above, the sexual offender may, for the purpose of removing the requirement for registration as a sexual offender, petition the criminal division of the circuit court of the circuit:

1. Where the conviction or adjudication occurred, for a conviction in Florida;
2. Where the sexual offender resides, for a conviction of a violation of similar law of another jurisdiction; or
3. Where the sexual offender last resided, for a sexual offender with a conviction of a violation of similar law of another jurisdiction who no longer resides in Florida.

• The court may grant or deny such relief.   Top

15. Are there consequences if a sexual offender/predator fails to comply with registration requirements?
    • Failure of a sexual offender/predator to register as required by law is a felony.

Note: If you have reason to believe a person has violated registration requirements please contact local law enforcement.  Top

16. Is a sexual offender/predator allowed to have an account on a social networking site?
    • There is no Florida law that prohibits an offender from having a computer, using the Internet, having an email account, or obtaining an account on a social networking site based solely on his or her designation as a sexual offender or predator. However, if an offender/predator is currently under supervision with the Department of Corrections or the Department of Juvenile Justice, he or she may have specific guidelines/restrictions (which may include using a computer, accessing the Internet, or setting up an account with particular websites) set forth by a judge. This information can be obtained by contacting Department of Correctionsor Department of Juvenile Justice
    • If you believe there is any illegal material presented on a website such as child pornography or child solicitation, please contact your local sheriff's office or police department, as well as the Florida Computer Crime Center at http://www.fdle.state.fl.us/cms/FCCC/FC3-Home.aspx.  Top

17. What is the FDLE Cyber Communications System (CCS)?
    • The Cyber Communications System (CCS) is an online system that a sexual offender/predator who is not on supervision with the Florida Department of Corrections (DOC) or the Florida Department of Juvenile Justice (DJJ) may use to report changes in email addresses, Internet identifiers, phone numbers, employment, and status of enrollment, volunteering, or employment at institutions of higher education in Florida.
    • Sexual offenders/predators who are on supervision with DOC or DJJ must report any changes in the above information IN PERSON to his or her probation officer.   Top

18. Why does a deceased sexual offender/predator still appear on the website?
    • Sexual offenders/predators reported deceased remain on the website for one year after the date of death as provided on the death certificate. This allows victims, the community, and local law enforcement time to be notified.  Top

19. How do I look up sexual offenders/predators in other states?
    • FDLE currently has links to The National Sex Offender Public Website and other state sex offender registry websites at http://offender.fdle.state.fl.us/offender/Registries.jsp.  Top