The Florida Sexual Predator Designation

The Florida Sex Offender Registry is a registry compiled and managed by the Florida Department of Law Enforcement. Individuals convicted of certain crimes in Florida may be labeled a Sexual Offender or a Sexual Predator. Here’s our guide to the Florida sexual predator designation.

Florida Sex Offender Laws

The State of Florida features some of the most restrictive sex offender registration and sentencing laws in the entire nation. Under Florida state law, there are two designations for those convicted of crimes which require sex offender registration:  sexual offenders and sexual predators.

The Florida sexual predator designation is reserved for those offenders who have been convicted of a capital, life or first-degree felony sex crime or two or more sex crimes which are considered second-degree felonies. The court must first issue a written finding designating a person as a sexual predator.

Current law requires lifetime registration for those who have been convicted of certain crimes. These crimes include:

  • Kidnapping
  • Unlawful sexual activity with  minors
  • Procuring person under age of 18 for prostitution
  • False imprisonment
  • Luring or enticing a child
  • Sexual battery
  • Buying or selling of minors into sex trafficking or prostitution
  • Lewd or lascivious offenses committed upon or in the presence of individuals  under 16 years of age
  • Lewd or lascivious offenses committed upon or in the presence of an elderly or disabled person
  • Sexual performance by a child
  • Selling or buying of minors
  • Sexual misconduct
  • Computer pornography
  • Transmission of pornography by electronic device
  • Transmission of material harmful to a minor by electronic device or equipment

If the convicted sex offender has been released from incarceration, then they are required to register in-person with their local sheriff’s department within 48 hours of establishing residency in Florida. If the offender is still incarcerated, then the institution will handle the registration.

Information a Sex Offender Must Provide

Some of the information a convicted sex offender is required to provide includes:

  • Their name, age, and date of birth
  • Social Security number
  • Height, weight, race , nd sex
  • Their eye color and hair color
  • Their current address and place of work
  • A recent photograph and fingerprints
  • Description of the crime committed, as well as where and when it was committed and the sentence they received

Individuals who have been convicted of any offense mandating registration as a sex offender in another state must also register with the Florida sex offender registry upon moving to the state. Those who keep a permanent residence in another state. who but work or go to school in Florida also must register as an offender.

The information provided by the convicted sex offender, including their picture, is made available via an online database to the public. Those who fail to register, provide false or incomplete, or fail to meet any of the other requirements imposed upon them will be charged with a third-degree felony and may be sentenced to additional jail time and other penalties.

Residency And Work Restrictions

State and local laws impose restrictions on where convicted sex offenders can live after serving their sentence. Florida law prohibits those convicted of sex crimes against a child under 16 years old from living within 1,000 feet of a school, day care center, park, playground, or other place frequented by children.

Some local ordinances impose even more restrictive residency requirements. In Miami-Dade County, for example,  registered sex offenders are prohibited from living within 2,500 feet of any school, day care center, park or playground. Miami-Dade County recently added “child safety zones” to its ordinance, as well, which prohibits registered sex offenders from loitering within the 300 feet extending from daycares, schools, parks , and school bus stops.

If you live in South Florida and need a criminal defense lawyer call 305 204-5000 to talk to Piotrowski Law today!

 

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