Being accused of a sex crime is a nightmare scenario. In addition to the threat of incarceration and irreparable damage to your life and reputation, a sex offense conviction in Florida also means having to register as a sex offender, often for the rest of your life.
If you are facing sex crime charges, you undoubtedly have countless questions and concerns. How does Florida's sex offender registry work? What information will you have to provide? Will your friends, neighbors, and employer be notified? How will being a registered sex offender impact your day-to-day life?
As a Florida criminal defense attorney who has handled numerous sex crime cases, Robert David Malove understands the anxiety and uncertainty his clients feel. In this comprehensive article, we explain Florida's sex offender registration process in detail, outline the long-term consequences, and discuss what you can do to protect your rights and future.
Sex Crime Registration Requirements: Who Must Register and For How Long
If you are convicted of certain sex crimes in Florida, you will be designated a sex offender and required to register with the Florida Department of Law Enforcement (FDLE). Some registerable offenses include:
- Sexual battery (rape)
- Lewd or lascivious battery, molestation, conduct, or exhibition
- Use of a child in a sexual performance
- Selling or buying minors for sex
- Certain prostitution-related offenses involving minors
- Federal offenses like sex trafficking, child exploitation, transporting child pornography
Some of these offenses require registration even if the sexual activity was consensual, such as statutory rape charges involving a victim under the age of 16 and a perpetrator over 23.
Additionally, some offenses that don't necessarily involve a sex act can still land you on the registry if they are committed in a sexual manner for sexual gratification, such as false imprisonment of a minor, kidnapping, and aggravated stalking.
You may also be required to register if you entered a plea of nolo contendere (no contest) or guilty to one of these offenses, even if adjudication was withheld.
Length of Registration Requirement
Most sex offenders are required to maintain their registration for life. However, offenders convicted of less serious offenses may be allowed to petition for removal after 25 years if they have not been arrested for any felony or misdemeanor offenses since their sex crime case.
An Overview of Florida's Sex Offender Registration Process
After being released from incarceration or placed on probation, parole, community control, or conditional release for a registerable sex offense, you have 48 hours to report to your county sheriff's office to register as a sex offender. At this initial registration, you must provide:
- Name
- Date of birth
- Social Security number
- Race
- Sex
- Height and weight
- Hair and eye color
- Tattoos or other identifying marks
- Fingerprints
- Palm prints
- Photograph
- Occupation and place of employment
- Residential address(es) including transient (i.e., homeless)
- Vehicle information
- All home telephone numbers and cellular telephone numbers
- All electronic mail addresses, internet identifiers, and each internet identifier's corresponding website homepage or application software name.
- Conviction information
- Passport information
- Immigration status/documentation
- Professional license information
Ongoing Registration and Re-Registration Obligations
After initially registering, sex offenders are required to report to their local sheriff's office in person to re-register either two or four times per year, depending on their offenses.
You must update and verify all of your information each time you re-register. You must also report any changes to your permanent, temporary, or transient residence to the sheriff’s office within 48 hours.
Failing to register properly or re-register is a third-degree felony, punishable by up to five years in prison and a $5,000 fine. Not reporting changes or knowingly providing false information is a second-degree felony, with penalties of up to 15 years in prison and $10,000 in fines.
Public Accessibility of Florida's Sex Offender Registry
When a sex offender registers in Florida, the registry is immediately updated and available to the public online. With just a few clicks, anyone can search for sex offenders by name, neighborhood, university, or zip code and see the sex offender's:
- Name and aliases
- Race, gender, height, weight, hair color, eye color, scars/tattoos
- Current photograph
- Permanent and temporary addresses
- Registered vehicles
- Qualifying sex crimes that required registration
When law enforcement becomes aware of a sexual predator in their jurisdiction, the local sheriff or police chief must also issue public notifications through methods they determine suitable. The notification process includes two key components:
First, the law enforcement leader must inform the general public about the predator's presence using whatever notification approach they deem most effective.
Second, within 48 hours of learning about the predator, law enforcement must specifically notify all licensed childcare facilities and schools (elementary through high school) within a one-mile radius of where the predator lives, whether that residence is temporary or permanent.
The mandatory public disclosure must contain these specific details:
- The predator's full name
- Physical description and photo
- Current residential location, including county/municipality when known
- Details about the criminal offense(s) committed
- Clarification of whether each victim was a minor or adult when the offense occurred
Long-Term Consequences of Sex Offender Status
Registered sex offenders face a slew of restrictions that make it difficult to reintegrate into society after completing their sentence. Housing and employment become especially challenging. State law prohibits sex offenders from living within 1,000 feet of any school, daycare, park, or playground. Some municipalities have even stricter requirements.
Sex offenders generally cannot work any jobs that require contact with minors. This rules out most childcare, education, health care, and service industry positions. Even jobs that don't directly involve children may be off-limits if the work site is near a school, daycare, or other restricted location.
Many landlords and employers routinely conduct background checks and refuse to rent/hire anyone on the sex offender registry.
Travel also becomes complicated. Under the International Megan's Law, sex offenders must provide 21 days advance notice of any intended international travel. Their passports are stamped with a unique identifier. Many countries deny entrance to registered sex offenders or place strict limitations on their movement and length of stay.
Stigma Leads to Social Isolation and Harassment
In addition to the formal restrictions, the social stigma and isolation of being a registered sex offender cannot be overstated. Many offenders are shunned by family and friends after their status becomes public. Their spouses often file for divorce and seek to restrict access to their children. Dating and forming new relationships is nearly impossible when anyone can quickly look up your criminal history online.
Some sex offenders become targets for harassment, vandalism, or even violence at the hands of neighbors or vigilantes. There have been reports of offenders and their families receiving threats, hate mail, and damage to their property after their names and addresses were made public on the registry. You have the right to live free from harassment, and you may be able to get a restraining order to stop it.
Protect Your Rights Before You’re Convicted and Placed on the Florida Sex Offender Registry
The consequences of being accused of a registerable sex offense in Florida are life-altering. You need an aggressive, experienced Florida sex crime defense lawyer to protect your rights and mount a vigorous defense against the charges.
The Florida sex crimes attorneys at the Law Office of Robert David Malove have successfully defended numerous clients in high-stakes sex offense cases. We know how to strategically fight the allegations, suppress illegally obtained evidence, and compel the state to meet its burden of proof.
If you or a loved one are facing sex offense allegations in Florida, do not leave your future to chance. Contact the Law Offices of Robert David Malove today for a confidential case evaluation. He will thoroughly review the accusations against you and explain your legal rights and options. With so much at stake, having a skilled sex crimes defense attorney in your corner can make all the difference.