A judge will strike a sexual predator designation only when the court file itself shows the person did not qualify, so the case is won or lost on a close reading of the judgment, the plea, and the statute in effect on the offense date. I learned to read sex crime files that way in the Major Crimes Unit, handling sex crime, homicide, and child abuse prosecutions, and I have spent more than 25 years in Hillsborough County courtrooms since. As founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, I have seen clients carry the predator label for years because no one checked whether it applied. Our attorneys review the record, file the motion, and present the legal error to the prosecutor and the court.

What is a sexual predator designation in Florida?

A sexual predator designation is a written finding by the sentencing court that a person meets the criteria of the Florida Sexual Predators Act, section 775.21, Florida Statutes. For an offense committed on or after October 1, 1993, the statute says a qualifying offender “shall be designated” a sexual predator, and the sentencing court must make a written finding at sentencing. The clerk sends the order to the Florida Department of Law Enforcement (FDLE) within 48 hours.

The designation is not part of the sentence. Florida courts treat it as a regulatory status that follows from the conviction. In Alvarez v. State, 345 So. 3d 378 (Fla. 3d DCA 2022), the defendant argued that the trial court could not enter a predator finding after sentencing while his appeal was pending. The Third District disagreed, holding that the designation is “neither a sentence nor a punishment but simply a status resulting from the conviction of certain crimes,” so the late finding did not violate double jeopardy or due process.

The registry is large. As of October 2024, FDLE’s registry listed 86,207 sexual offenders and predators, including 16,246 sexual predators, according to the Florida Legislature’s Office of Program Policy Analysis and Government Accountability in its Sex Offender Registration and Monitoring Triennial Review (Report 24-11, December 2024). Only 30,907 of the people on the registry, or 36%, lived in Florida communities; the rest were confined or living outside the state. In Hillsborough County, 1,999 registrants lived in the community in 2024, the same report found.

Who qualifies as a sexual predator under Florida law?

A person convicted in Florida qualifies as a sexual predator in one of two main ways: a single conviction for a capital, life, or first-degree felony version of certain sex offenses, or a felony conviction for a listed sex offense combined with a prior qualifying conviction. The table below summarizes section 775.21(4)(a).

The gap between the first and second rows is where most mistakes happen. A first-time conviction for a second- or third-degree felony, such as a second-degree lewd or lascivious offense or unlawful sexual activity with certain minors under section 794.05, generally does not make someone a sexual predator. Those convictions usually lead to sexual offender registration instead. Our Tampa sex crimes lawyer team checks the degree of the offense, the offense date, and the prior record against the version of the statute that applied.

What is the difference between a sexual predator and a sexual offender in Florida?

A sexual predator is designated by court order under section 775.21 and registers for life with mandatory community notification, while a sexual offender registers under section 943.0435, Florida Statutes and, in some cases, can petition for removal after 25 years. Both carry heavy reporting duties, and a failure to register is generally a third-degree felony for either.

Residence limits depend on the offense, not the label. Under section 775.215, Florida Statutes, a person convicted of sexual battery, lewd or lascivious offenses, sexual performance by a child, or certain related offenses against a victim under 16, even with adjudication withheld, may not live within 1,000 feet of a school, child care facility, park, or playground. For offenses on or after July 1, 2026, and for covered people who change their permanent residence on or after that date, public swimming pools were added to that list. For the full registration rules, see our guide to sex offender registration in Florida.

Research has questioned what those restrictions achieve. In The Impact of Sex Offender Residence Restrictions: 1,000 Feet From Danger or One Step From Absurd?, 49 Int’l J. Offender Therapy & Comp. Criminology 168 (2005), Jill Levenson and Leo Cotter surveyed 135 sex offenders in outpatient treatment in Florida. A majority reported that the restrictions increased their isolation, forced moves, and created financial and emotional stress, and most did not believe the restrictions would reduce their chances of reoffending.

How do wrongful sexual predator designations happen?

Wrongful designations usually happen at a plea or sentencing hearing where no one compares the conviction to the statute. A form is checked, the court signs the order, and every agency after that enforces what the paper says.

1. The offense does not qualify. The conviction is a second- or third-degree felony with no qualifying prior, but the predator box is checked anyway.
2. The prior does not count. The statute requires a separate earlier conviction that was separately sentenced. Two counts sentenced on the same day are not a prior.
3. A plea negotiation overreaches. The designation is added to a plea form without analysis of whether it applies.
4. No one downstream checks. FDLE registers the person as the order directs, and probation officers supervise the terms of the judgment. Neither agency decides whether the designation was legally correct.

That last point is why these errors last. In our firm’s experience in Hillsborough County cases, a probation officer or registration deputy who suspects a mistake has no authority to fix it; only a court order changes the designation. Until a lawyer files the right motion, the label stays on the registry.

How do you remove a sexual predator designation in Florida?

You remove a wrongful sexual predator designation by filing a motion in the sentencing court showing, from the court record, that the person did not meet the statutory criteria. The Florida Supreme Court approved that route in Saintelien v. State, 990 So. 2d 494 (Fla. 2008). Saintelien had pleaded to two counts of attempted sexual battery on a child under 12 and argued that the designation went beyond his plea deal. The court held that a defendant may challenge a sexual predator designation with a rule 3.800(a) motion to correct an illegal sentence, but only “where it is apparent from the face of the record that the defendant did not meet the criteria.” Because Saintelien did meet the criteria, his motion failed.

Two things decide most of these motions. The first is the record: the judgment, the charging document, the plea form, the sentencing transcript, and certified copies of any prior conviction. If the error shows on those papers, rule 3.800(a) can be filed at any time. The second is the plea. In Kingry v. State, 28 So. 3d 173 (Fla. 1st DCA 2010), a defendant claimed he did not qualify, but the record showed he had agreed to the designation as part of his plea bargain. The First District held that because the designation is a status rather than a sentence, a defendant who accepted the benefits of the bargain could not later escape it. The Second District repeated that point in Contreras-Garcia v. State, 95 So. 3d 993 (Fla. 2d DCA 2012), noting that a defendant may agree to the designation as part of a plea even if the conviction does not qualify under the statute.

The Romeo and Juliet law covers sexual predators as well as sexual offenders. Section 943.04354 applies only to convictions under the lewd or lascivious, sexual performance by a child, or section 847.0135(5) statutes, and only when the person has no other conviction under the listed sex offense statutes. Our posts on Romeo and Juliet registry removal and on court errors in registry removal cases go deeper.

What results has our firm obtained in sexual predator designation cases?

Our firm has removed wrongful sexual predator designations for clients who lived under them for years. These results come from our firm’s published case reports.

Past results do not guarantee future outcomes. These cases also show a pattern our attorneys see often: when the legal error is laid out clearly, prosecutors in the 13th Judicial Circuit will agree to correct it, which can make a contested hearing unnecessary.

Can you avoid a sexual predator designation before sentencing?

Yes, and that is the best time to deal with it. Once a qualifying conviction exists, the statute makes the designation mandatory, so prevention happens in the charging decision and the plea. A defense lawyer can work to keep the case out of the first-degree felony range, negotiate a plea to an offense that does not qualify, and make sure the plea form and judgment say exactly what was agreed.

If you are under investigation and not yet charged, our firm’s representation before charges are filed can address the charge itself, which controls whether the designation is even possible. Our post on withheld adjudication and sex offender registration explains how a withhold of adjudication affects registration.

Frequently asked questions

Is a sexual predator designation part of my sentence in Florida?

No. Florida courts treat the designation as a regulatory status that results from the conviction, not as a sentence or punishment, as the Third District held in Alvarez v. State. The Brancato Law Firm uses that distinction when it reviews a client’s file, because it controls which motion can be filed and whether a plea agreement blocks relief.

Can a court add a sexual predator designation after sentencing?

Yes, a court can enter a predator finding after sentencing when the person meets the statutory criteria, as happened in Alvarez. Our attorneys at The Brancato Law Firm review whether a late designation actually rests on a qualifying conviction and prior record, because a late order is still subject to the same legal criteria.

Will FDLE remove the designation if I show them it is wrong?

No. FDLE registers people according to the court’s order and does not decide whether the designation was legally correct, so the fix has to come from the sentencing court. The Brancato Law Firm files the motion in the court that entered the designation and, where the error is clear, asks the State Attorney’s Office to agree to the correction.

Can a second-degree lewd or lascivious conviction make me a sexual predator?

Not by itself. Under section 775.21(4)(a), a second-degree felony on the listed statutes qualifies only when the person also has a separate prior conviction for a listed sex offense. Our sex crimes defense attorneys at The Brancato Law Firm check the degree of each conviction and the dates and sentencing of any prior before advising whether a designation can be challenged.

Does the Romeo and Juliet law apply to sexual predators?

Yes. Section 943.04354 allows a sexual predator or sexual offender to seek removal of the registration requirement if the conviction was for one of the listed offenses, the victim was 13 to 17, the person was no more than 4 years older, and registration rests solely on that conviction. The Brancato Law Firm prepares these motions with the proof of age and consent the statute and federal law require.

I was removed from the registry in another state. Do I have to register in Florida?

Possibly. Florida applies its own criteria to out-of-state convictions, so a person who no longer registers elsewhere can still be required to register here. Before moving, read our post on moving to Florida after registry removal in another state, and talk with our attorneys at The Brancato Law Firm about how FDLE is likely to classify your conviction.

Have your designation reviewed by our attorneys

Pull together your judgment and plea paperwork and call The Brancato Law Firm, P.A. at (813) 727-7159; every year under a wrongful predator label means more notifications, more registration deadlines, and more felony exposure for a missed report. Our firm was founded by Tampa Criminal Defense Attorney Rocky Brancato, and our attorneys review the court record to tell you whether the designation can be challenged. Call us at any hour. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. For more about our defense strategies, visit our Sex Crimes page.

The Brancato Law Firm, P.A.
620 E. Twiggs Street, Suite 205, Tampa, FL 33602
(813) 727-7159
Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

If your son or daughter has been charged with a sex offense in juvenile court, the question that keeps you up at night is usually the registry. The answer is often no, but it turns on details most families never hear about until disposition. I’m the founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, and I spent years in the Major Crimes Unit handling sex crimes and child abuse cases before leading the Hillsborough County Public Defender’s Office as its former Chief Operations Officer, where I oversaw a staff of over 100 attorneys. Our attorneys defend juvenile sex cases with one goal set from day one: keep the case off the list of offenses that trigger registration.

When does a juvenile have to register as a sex offender in Florida?

A juvenile must register only when three things are true: the child was 14 or older when the offense happened, the court adjudicated the child delinquent (rather than withholding adjudication or diverting the case), and the offense is one of the qualifying offenses in section 943.0435(1)(h)1.d., Florida Statutes. If any one of those is missing, Florida law does not require juvenile registration. Our Tampa sex crimes lawyer team starts every juvenile case by mapping the charge against that statute.

The judge must also make written findings. For every qualifying offense the court records the child’s age at the time of the offense. For lewd or lascivious offenses, the court must also record the alleged victim’s age and whether the conduct involved sexual activity, force or coercion, or unclothed genitals. Those written findings, not the label on the charge, decide registration.

Do the judge’s written findings really decide registration?

Yes. Florida appellate courts reverse registration orders when the findings do not match the statute. In M.B. v. State, 159 So. 3d 960 (Fla. 5th DCA 2015), a 14-year-old was adjudicated delinquent of four counts of lewd or lascivious molestation of children under 12, and the trial court ordered him to register anyway. The trial judge had expressly found that the touching was over clothing. The Fifth District reversed, holding that registration for that offense requires a finding of unclothed genitals, and the State conceded the error.

The same findings can be made later, which is the trap families miss. In D.S. v. State, 267 So. 3d 414 (Fla. 4th DCA 2019), a 15-year-old from Indian River County was on juvenile probation for lewd or lascivious molestation. After he violated probation, a second judge found that the molestation involved unclothed genitals and imposed registration. The Fourth District affirmed, holding that nothing in the statute limits those findings to the original disposition judge. The lesson for parents: a probation violation can reopen the registration question, so compliance with juvenile probation protects more than just the probation itself.

How many juvenile cases does the 13th Judicial Circuit handle?

The 13th Judicial Circuit, which covers Hillsborough County, had 2,472 juvenile delinquency complaints filed in fiscal year 2024-25, according to the Florida Legislature’s Office of Economic and Demographic Research Circuit 13 profile. The same report shows that 43 juveniles in the circuit were direct filed to adult court that year. Direct filing matters for registration: a teenager prosecuted as an adult faces a criminal conviction rather than a juvenile adjudication, and adult sex offense convictions carry broader registration rules.

Research also cuts against the idea that most teenagers who commit a sex offense will do it again. A meta-analysis by Michael Caldwell, “Quantifying the Decline in Juvenile Sexual Recidivism Rates,” published in Psychology, Public Policy, and Law in 2016, pooled 106 studies covering 33,783 youths and found a weighted average sexual recidivism rate of 2.75% in studies conducted from 2000 to 2015. Our attorneys use findings like these, together with a credible treatment provider, when we argue for a disposition that avoids adjudication on a qualifying offense.

What should parents do first after a juvenile sex charge?

Parents should stop all contact with investigators and call a defense lawyer before the child gives any statement. Many juvenile sex cases begin with a Child Protection Team interview, a school report, or a detective’s call to the home, before any charge is filed. Our representation before charges are filed focuses on that window, when the State has not yet chosen which statute to charge.

1. Do not let your child talk to police or school investigators without a lawyer. Statements often supply the “force” or “unclothed” facts that turn a non-registrable charge into a registrable one.
2. Save the digital record. Phones, messages, and social media accounts can show ages, timelines, and context. Do not delete anything.
3. Ask about the exact statute subsection. The difference between section 800.04(5)(c)1. and 800.04(5)(c)2. can decide registration.
4. Choose a treatment evaluator with your lawyer. A credible provider helps at disposition, but an evaluation done without counsel can create admissions.
5. Plan for disposition early. Withheld adjudication, diversion, or a plea to a non-qualifying offense all avoid juvenile registration, and each has to be negotiated before the disposition hearing.

Can a juvenile avoid registration through the Romeo and Juliet law?

Sometimes. Section 943.04354, Florida Statutes, lets a person convicted or adjudicated delinquent of a lewd or lascivious offense under section 800.04 move the court to remove the registration requirement if the alleged victim was 13 to 17 and the accused was not more than 4 years older. The person cannot have any other conviction or adjudication for sexual battery or the other listed offenses, and the State Attorney and FDLE must get notice at least 21 days before the hearing.

The court can rule on the motion at sentencing or disposition. That timing matters: if the motion is denied, the statute does not allow a second motion. Our attorneys build the record for that hearing, including the ages and the nature of the relationship, before the child ever enters a plea. Sexual battery adjudications under section 794.011 do not qualify for this relief.

What does a registered juvenile have to do?

A juvenile who must register faces the same core duties as an adult registrant, plus reporting to the Department of Juvenile Justice. A child on DJJ supervision who is not committed must register with DJJ within 3 business days after adjudication and disposition under section 985.4815, Florida Statutes, and must also register with the sheriff under section 943.0435. Our guide to what sex offender registration in Florida requires covers the 48-hour reporting deadlines, the driver license step, and re-registration in detail.

Families should treat every deadline as a criminal deadline. A missed address update or re-registration is a new felony under section 943.0435(9), and a teenager who moves between parents’ homes is especially at risk of missing one. The Brancato Law Firm helps families build a written compliance calendar the day registration is ordered.

How long does juvenile sex offender registration last in Florida?

Registration under section 943.0435 lasts for life unless the person qualifies for removal. The statute lists three exits: a full pardon or an adjudication set aside in postconviction proceedings, the Romeo and Juliet motion, or a petition after 25 years.

The 25-year petition excludes people whose registration rests on an adult conviction for sexual battery and several other offenses, but the statute words that exclusion in terms of adult convictions. How that applies to a juvenile adjudication is a question for counsel when the time comes. Our posts on getting off the Florida sex offender registry, whether a withhold of adjudication avoids the registry, and moving to Florida after registry removal in another state explain each path.

Frequently asked questions

Does a juvenile have to register for lewd or lascivious molestation over clothing?

No. Florida’s juvenile registration rule for lewd or lascivious molestation under section 800.04(5)(c)1. applies only when the court finds the molestation involved unclothed genitals, as the court held in M.B. v. State. The Brancato Law Firm contests that finding at disposition because it alone can decide whether a child registers.

Is a 13-year-old ever required to register as a sex offender in Florida?

No, not through a juvenile adjudication. Section 943.0435 requires juvenile registration only when the child was 14 or older at the time of the offense. Our attorneys at The Brancato Law Firm still treat these cases seriously because DCF involvement, school discipline, and treatment orders can follow a younger child.

Can a juvenile sex case in Hillsborough County be moved to adult court?

Yes. Prosecutors can direct file some teenagers in adult court, and 43 juveniles in the 13th Judicial Circuit were direct filed in fiscal year 2024-25. The Brancato Law Firm works to keep a child’s case in juvenile court, where a defense team experienced in sex crimes can pursue outcomes that do not carry adult registration rules.

Can juvenile sex offense charges be dropped in Florida?

Yes. Charges can be dropped or reduced when the evidence does not support the statute charged, the statement was improperly obtained, or the facts fit a non-registrable offense. Before a petition is filed, The Brancato Law Firm presents the State Attorney’s Office with evidence through pre-file advocacy to change the charging decision.

Does a juvenile sex offender registration show up on the public registry?

Yes. A juvenile who meets the registration criteria is listed with FDLE like any other registrant, which is why preventing a qualifying adjudication matters so much. The Brancato Law Firm explains the public consequences to families before any plea so the decision is an informed one.

What happens if my child violates juvenile probation in a sex case?

A violation can lead to a new disposition, and the judge at that hearing can make the findings that trigger registration, as happened in D.S. v. State. Our attorneys at The Brancato Law Firm defend probation violations with that risk in mind and push for alternatives to a new adjudication.

Talk to a Tampa juvenile sex crimes defense attorney

The disposition hearing is where registration is decided, and the work to prepare for it begins weeks earlier. Call The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, at (813) 727-7159 before your child speaks with investigators or enters a plea. You can call us at any hour, and our office is two blocks from the courthouse. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. Read our guide for Spanish-speaking and Haitian Creole-speaking clients. For more about our defense strategies, visit our Sex Crimes page.

The Brancato Law Firm, P.A.
620 E. Twiggs Street, Suite 205, Tampa, FL 33602
(813) 727-7159
Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

Registration is usually decided long before anyone mentions it, at the moment a plea form is signed. I learned that in the Major Crimes Unit of the Hillsborough County Public Defender’s Office, where I handled sex crime and child abuse cases, and I have seen it again over more than 25 years in Hillsborough County courtrooms. I’m Rocky Brancato, founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, and I have tried more than 150 jury trials to verdict. Our attorneys defend people facing registration consequences, failure-to-register charges, and improper sexual predator designations across Hillsborough, Pinellas, and Pasco Counties.

Who Has to Register as a Sex Offender in Florida?

Anyone convicted of a qualifying sex offense listed in section 943.0435, Florida Statutes, must register as a sexual offender. The qualifying offenses include sexual battery, unlawful sexual activity with a minor under section 794.05, lewd or lascivious offenses under section 800.04, child pornography offenses, online solicitation and traveling to meet a minor, and kidnapping or false imprisonment of a minor, among others. Our Tampa sex crimes attorney page explains how we defend the underlying charges.

The statute defines “convicted” broadly. It means “a determination of guilt as a result of a trial or the entry of a plea of guilty or nolo contendere, regardless of whether adjudication is withheld,” and it includes certain juvenile adjudications. A withhold of adjudication, which avoids a formal conviction for most purposes, does not avoid registration. That is why our attorneys at The Brancato Law Firm look at whether a case can be resolved with a plea to a non-registrable offense before any plea is entered. Once a qualifying plea is accepted, registration follows by law.

Registration also reaches people who move to Florida with a designation from another state. A person who “establishes or maintains a residence in this state” after being designated a sexual predator, sexually violent predator, or other sexual offender elsewhere must register here, “without regard to whether the person otherwise meets the criteria for registration.” Our guide on moving to Florida after registry removal in another state explains why removal elsewhere does not always end the duty here.

How Many People Are on Florida’s Sex Offender Registry?

As of October 2024, there were 86,207 registrants on the Florida registry, including 16,246 designated sexual predators, according to the Florida Legislature’s OPPAGA Report 24-11 (December 2024). Only 30,907 of those registrants, about 36%, lived in Florida communities; the rest were confined, living outside Florida, or had absconded.

The local numbers are substantial. The same OPPAGA report counted 1,999 registrants in Hillsborough County in 2024, compared with 1,579 in Pinellas County and 872 in Pasco County. In Hillsborough, 140 registrants, about 7%, reported only a transient address, which triggers check-ins every 30 days.

What Information Must a Registered Sex Offender Report in Florida?

A registrant must report a long list of personal information in person at the sheriff’s office within 48 hours of establishing a permanent, temporary, or transient residence in Florida, or within 48 hours of release from Department of Corrections custody or supervision. The required information includes name, date of birth, Social Security number, physical description, fingerprints, palm prints, photograph, every residence address, employment information, vehicles owned, home and cell phone numbers, and all email addresses and internet identifiers. A post office box cannot substitute for a physical address.

Within 48 hours after that sheriff’s office report, the registrant must also go in person to a Department of Highway Safety and Motor Vehicles office to obtain or update a Florida driver license or ID card that complies with section 322.141(3). The deadlines for later changes are short:

Every deadline in this table comes from section 943.0435. In our experience, most failure-to-register arrests involve one of these ordinary changes, such as a new job, a new phone, or a few nights at a relative’s home, rather than an effort to hide.

How Often Do Sex Offenders Have to Reregister in Florida?

Most sexual offenders must reregister in person twice a year: during their birth month and during the sixth month after it, under section 943.0435(14)(a). Offenders registered for the more serious offenses listed in section 943.0435(14)(b), including sexual battery under section 794.011 and certain lewd or lascivious offenses involving children under 12 or force, must reregister four times a year, during their birth month and every third month after it.

Sexual predators also reregister four times a year under section 775.21, Florida Statutes. A registrant with only a transient address must report in person every 30 days, in addition to the regular reregistration schedule. The sheriff’s office may set the specific days and times for these appointments.

What Is the Difference Between a Sexual Offender and a Sexual Predator in Florida?

A sexual predator is a registrant whom a court has designated under the Florida Sexual Predators Act because of the seriousness of the offense or a prior qualifying record. The designation is reserved for a capital, life, or first-degree felony qualifying offense, or for a second qualifying felony after a prior qualifying conviction. When the criteria are met, the sentencing court “must make a written finding at the time of sentencing that the offender is a sexual predator,” and the clerk sends the order to FDLE within 48 hours.

The Florida Supreme Court has made clear that the predator designation turns on the conviction, not on a finding of current dangerousness. In Milks v. State, 894 So. 2d 924 (Fla. 2005), the court rejected a procedural due process challenge from two men who argued they were designated without any hearing on whether they were dangerous. The court held that “the only material fact” under the Act is “the fact of a previous conviction,” so a hearing on dangerousness is not required.

There are limits. In State v. Robinson, 873 So. 2d 1205 (Fla. 2004), the defendant was convicted of carjacking and kidnapping after his companion stole a car with a baby in the back seat; Robinson later left the child, still in her car seat, in front of a doctor’s office. The State conceded there was no sexual act or motive, yet the trial court designated him a sexual predator because he had kidnapped a minor. The Florida Supreme Court held that designation unconstitutional as applied, because the crime “indisputably did not contain a sexual element.”

What Happens If You Fail to Register as a Sex Offender in Florida?

Failing to register, failing to report a change on time, failing to reregister, or knowingly giving false information is a third-degree felony under section 943.0435(9), punishable by up to 5 years in prison and a $5,000 fine. Each missed report is a separate offense. The same rules apply to sexual predators under section 775.21.

These cases are common. The OPPAGA report found roughly 2,200 arrests for registration violations in Florida in 2023, and a conviction rate of 45% for 2022 arrests, down from 60% for 2014 arrests. Research also suggests that many violations reflect paperwork failures rather than danger. A 2010 study by Levenson, Letourneau, Armstrong, and Zgoba in Justice Quarterly, covering 2,970 registered offenders, found that failure to register “did not predict sexual recidivism,” with sexual recidivism rates of 11 percent for those who failed to register and 9 percent for compliant registrants, a difference that was not statistically significant.

The defenses depend on the record. Our attorneys at The Brancato Law Firm look at whether the person actually knew of the specific duty, whether the sheriff’s office or FDLE records are accurate, whether a residence change truly occurred, and whether the underlying conviction required registration at all. A charge built on a database mismatch looks very different once the documents are pulled.

Can a Sexual Predator Designation Be Corrected in Florida?

Yes, when the court records show the person did not meet the criteria. In Saintelien v. State, 990 So. 2d 494 (Fla. 2008), a man designated a sexual predator after pleading to attempted sexual battery on a child under 12 challenged the designation with a motion to correct an illegal sentence under Florida Rule of Criminal Procedure 3.800(a). The Florida Supreme Court held that a defendant may use a rule 3.800(a) motion to challenge an erroneous sexual predator designation where “it is apparent from the face of the record that the defendant did not meet the criteria.” Saintelien himself lost because his record showed he qualified, but the rule allows these motions at any time.

These corrections require a close reading of the plea, the judgment, the scoresheet, and the statute in effect on the offense date. Our firm has corrected designations where a prior attorney never objected:

Past results do not guarantee future outcomes.

Can You Get Off the Sex Offender Registry in Florida?

Sometimes, but only through specific statutory paths. Registration lasts for life unless the person receives a full pardon, has the qualifying conviction set aside in a postconviction proceeding, or qualifies for one of two removal procedures:

• Romeo and Juliet relief. Under section 943.04354, Florida Statutes, a person convicted under section 800.04, section 827.071, or section 847.0135(5), with no other such conviction, may move for removal if he or she was not more than 4 years older than a victim who was at least 13 and younger than 18. Sexual battery under section 794.011 does not qualify. The State Attorney and FDLE get 21 days’ notice, and a denied motion cannot be refiled.
• The 25-year petition. A sexual offender who has been released from confinement, supervision, or sanction for at least 25 years, with no arrest for any felony or misdemeanor since release, may petition for removal, unless the registration is based on an adult conviction for excluded offenses such as sexual battery under section 794.011 or kidnapping or false imprisonment.

Our detailed guide, Can I Get Off the Sex Offender Registry in Florida?, walks through each path, the federal standards that also apply, and what the court will expect to see.

What Should You Do If the Sheriff Tells You to Register?

Comply on time, then challenge the requirement through counsel. Missing a 48-hour deadline creates a new felony even if the registration duty later turns out to be wrong. These steps protect you:

1. Do not ignore the contact. Note the deadline the deputy gives you and the office where you must report.
2. Call a defense attorney before answering questions. A registration contact can also be the start of a failure-to-register investigation, and our representation before charges are filed can address it early.
3. Gather your records. The judgment, plea form, sentencing order, any predator order, and any out-of-state registration or removal paperwork decide whether the duty applies.
4. Keep proof of every report. Save receipts from the sheriff’s office, the driver license office, and the FDLE online system.

In Hillsborough County, registration and reregistration are handled through the Hillsborough County Sheriff’s Office, and failure-to-register cases are prosecuted by the State Attorney’s Office for the 13th Judicial Circuit. Our Hillsborough County criminal defense attorney page explains how those cases move through the courthouse.

Frequently Asked Questions About Sex Offender Registration in Florida

Does a withhold of adjudication still require sex offender registration in Florida?

Yes. Section 943.0435 counts a guilty or no contest plea as a conviction “regardless of whether adjudication is withheld.” The Brancato Law Firm reviews registration exposure before any plea is discussed, because it cannot be undone by a withhold.

How often does a registered sex offender have to check in with the sheriff in Florida?

Twice a year for most sexual offenders, and four times a year for sexual predators and offenders registered for listed serious offenses; transient registrants also report every 30 days. Our attorneys at The Brancato Law Firm check a client’s actual schedule against the conviction, because the wrong schedule can produce a wrong arrest.

Can a registered sex offender use social media in Florida?

Registration itself does not ban social media, but every email address and internet identifier must be reported within 48 hours of first use. The Brancato Law Firm has obtained court-approved internet access for clients whose probation conditions under section 948.30(1)(h), Florida Statutes, barred internet use until a treatment practitioner approved a safety plan.

What happens if a sex offender misses a reregistration appointment in Florida?

A missed reregistration is a third-degree felony, and each missed report is a separate offense. The Brancato Law Firm moves quickly to document why the appointment was missed and to resolve it before an arrest; see our pre-file advocacy page.

Can a sexual predator be removed from the registry in Florida?

Only through a full pardon, a conviction set aside in postconviction proceedings, or Romeo and Juliet relief in limited cases, but an erroneous designation can be corrected to offender status. Our attorneys at The Brancato Law Firm review the original sentencing record for errors a prior lawyer missed.

Do I have to register in Florida if another state removed me from its registry?

Possibly, because Florida applies its own registration criteria rather than simply following another state’s decision. The Brancato Law Firm reviews these situations before the move; our moving to Florida registry guide has more.

How much does a sex offender registration lawyer cost in Tampa?

Fees are quoted on the facts and complexity of the matter, such as a predator correction, a failure-to-register defense, or a question about whether registration applies at all. Because of call volume, The Brancato Law Firm charges for sex offender registration consultations; call (813) 727-7159, or visit our Tampa sex crimes defense page.

Talk to a Tampa Defense Attorney About Registration Before the Deadline

Whether you have a plea offer on the table, a letter from the Sheriff’s Office, or a failure-to-register warrant, call The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, at (813) 727-7159. Registration deadlines are measured in hours, and the options narrow once a plea is entered or a deadline passes. You can call us at any hour. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. Read our guide for Spanish-speaking and Haitian Creole-speaking clients.

For more about our defense strategies, visit our Tampa Sex Crimes Lawyer page. Sexual battery is one of the most common triggers for registration; our guide What Is Sexual Battery in Florida? explains the charge, and our age of consent guide covers the age rules behind many registration cases.

The Brancato Law Firm, P.A.
620 E. Twiggs Street, Suite 205, Tampa, FL 33602
(813) 727-7159
Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

As founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, and a former Major Crimes Unit attorney who handled sex crime cases, I have watched people who did everything right in another state walk into a Florida felony within days of arriving. I’m Rocky Brancato, and for more than 25 years in Hillsborough County courtrooms I have seen that Florida’s registry follows its own rules, not the rules of the state you left. Our attorneys review a client’s out-of-state judgment, sentence, and discharge papers against Florida’s statute before the client signs a lease here.

Does Florida Recognize Sex Offender Registry Removal From Another State?

Not automatically. Florida has two separate ways to classify someone from another state as a sexual offender, and removal in your old state only answers one of them. Under section 943.0435(1)(h)1., Florida Statutes, you are a sexual offender in Florida if you meet either test:

That second column is where most people get caught. Section 943.0435(11)(b) lets a person registered in Florida only because of an out-of-state designation come off Florida’s registry by providing the order removing that designation, but only if the person “does not meet the criteria for registration under any other” part of the definition. If your conviction is on Florida’s list and you were released after October 1, 1997, the conviction test still applies. The Brancato Law Firm runs both tests on every out-of-state file before giving an answer. Our Tampa sex crimes lawyer page explains how we handle registration and sex offense cases in Hillsborough, Pinellas, and Pasco Counties.

Why Does the October 1, 1997 Date Matter?

October 1, 1997 is the release date that pulls older out-of-state convictions into Florida’s registry. The conviction test applies when a person “has been released on or after October 1, 1997, from a sanction imposed” for a qualifying conviction. The date of the offense and the date of conviction do not control; the date you finished your sentence does.

Under the current statute, a sanction imposed in Florida or any other jurisdiction means probation, community control, parole, conditional release, control release, or incarceration in a state prison, federal prison, contractor-operated facility, or local detention facility. If no sanction was imposed, the person is treated as released on the date of conviction. Someone convicted in 1993 who stayed on probation until 1998 meets the date test, even if the home state let him off its registry years ago. A fine is not on the current list, and our attorneys check the version of the statute in effect on the client’s release date.

Can You Be Required to Register in Florida Even If Your Release Was Before 1997?

Yes, if another state still designates you or would designate you. In Miller v. State, 971 So. 2d 951 (Fla. 5th DCA 2007), a man convicted in West Virginia in 1994 and released from prison in 1996 moved to Florida and did not register. Because his release came before October 1, 1997, the conviction test did not reach him. The Fifth District Court of Appeal held that he still had to register under the separate out-of-state designation provision, because he was required to register in West Virginia, rejected his equal protection challenge, and affirmed. (The residence period was 5 days then; it is 3 days now.)

Miller is the reverse of the removal problem. A pre-1997 release keeps you out of the conviction test, but an active designation in another state brings you in through the designation test, and a post-1997 release brings you in through the conviction test even after your designation is gone. The Brancato Law Firm treats those as two separate questions with two separate sets of documents.

How Fast Do You Have to Register After Moving to Florida?

Within 48 hours. Section 943.0435(2) requires a sexual offender to report in person to the sheriff’s office in the county where he or she establishes a permanent, temporary, or transient residence within 48 hours after establishing it. In Hillsborough County that is the Hillsborough County Sheriff’s Office; in Pinellas and Pasco, it is those counties’ sheriffs.

The definitions in section 775.21, Florida Statutes make a short stay count. A permanent residence is a place where the person lives for 3 or more consecutive days. A temporary residence includes vacation, business, or personal travel destinations where the person stays 3 or more days in the aggregate during a calendar year, and for someone whose permanent home is outside Florida, it also includes a place where the person works or is enrolled as a student for any period. A week of house hunting in Tampa can trigger the 48-hour clock.

What Happens If You Do Not Register in Florida?

Failing to register is a third-degree felony under section 943.0435(9)(a), punishable by up to 5 years in prison, and each failure is a separate offense. For violations committed on or after July 1, 2018, if the court does not impose prison, it must impose mandatory community control with electronic monitoring: at least 6 months for a first offense, 1 year for a second, and 2 years for a third or later offense.

Prosecutions are common. Florida law enforcement made 2,220 arrests for sex offender registration violations in 2023, up from 1,612 in 2014, according to the Legislature’s Office of Program Policy Analysis and Government Accountability in its December 2024 Sex Offender Registration and Monitoring Triennial Review (Report 24-11). The same report counted 86,207 people on Florida’s registry as of October 2024, and 33,465 of them were non-Florida residents, people who remain on Florida’s list even though they live somewhere else.

Federal law adds a second layer. Under 18 U.S.C. section 2250, a person required to register under the federal Sex Offender Registration and Notification Act who travels in interstate commerce and knowingly fails to register faces up to 10 years in federal prison. Our firm does not handle federal cases, but our attorneys flag federal exposure early so a client can get the right lawyer for it.

Can You Get Off Florida’s Registry After You Move Here?

Sometimes, but the paths are narrow. Section 943.0435(11) makes registration lifelong unless the person receives a full pardon, has the qualifying conviction set aside in a postconviction proceeding, or qualifies for one of the statute’s removal routes, such as the 25-year petition for offenders with no arrests since release and no barred adult conviction, or removal under (11)(b) after an out-of-state designation is lifted. A petition based on an out-of-state conviction is filed in the circuit court where the offender lives, and FDLE and the state attorney get notice and can oppose it. Our guide on how to get off the Florida sex offender registry walks through each route.

The numbers show how rare out-of-state removals are. From October 1, 2021, through September 30, 2024, FDLE removed 2,554 people from the registry, and 2,282 of them had died. Only 107 were non-residents removed after showing no other state required them to register and they no longer met Florida’s criteria, and 48 were people with out-of-state convictions living in Florida, according to the same OPPAGA report.

Legal scholars have documented the same pattern nationwide. Florida State University law professor Wayne A. Logan, in “Database Infamia: Exit from the Sex Offender Registries,” 2015 Wis. L. Rev. 219, surveyed state relief mechanisms and found that registration laws can target people for their lifetimes while exit options remain limited (FSU College of Law repository). Florida’s own exits, covered above, are just as narrow.

What Should You Do Before Moving to Florida?

Get a Florida legal review before you arrive, and bring the documents that answer both tests. Our attorneys at The Brancato Law Firm ask for these first:

1. The judgment and sentence for the original conviction, showing the exact statute and any probation or parole term.
2. Discharge or release papers showing the date you completed every part of the sanction.
3. Your old state’s removal order or letter, and whether it removed the designation or only ended your duty to register there.
4. Any expungement, sealing, pardon, or set-aside order, because some states seal records without removing the conviction.
5. Your travel plan, including any short visits, because 3 days in Florida can count.

A real example from our files shows why the review matters. A man called our firm after FDLE told him he would have to register in Florida, nearly a decade after his home state removed him from its registry. His offense dated to the early 1990s, but he stayed on probation until 1998, which put his release after October 1, 1997. He was days away from missing the 48-hour deadline and facing a third-degree felony. Once he made Florida his home, he was again required to register, and under Florida law that requirement is generally for life. If you already missed a deadline, our representation before charges are filed can address it before an arrest.

Frequently Asked Questions About Moving to Florida as a Former Registrant

Can a sex offender visit Florida without registering?

A short visit can trigger registration, because a temporary residence includes any place you stay for 3 or more days in the aggregate during a calendar year. The Brancato Law Firm reviews visit plans, including family trips and business travel, before a client books them.

If my home state removed me from its registry, can I move to Florida without registering?

Not necessarily, because Florida’s conviction test applies if your offense is on Florida’s list and you were released from the sanction on or after October 1, 1997. Our attorneys at The Brancato Law Firm compare your out-of-state statute to Florida’s list and confirm the release date; our Tampa sex offense defense work covers these registration reviews.

How long do I have to register a new address in Florida?

You must report in person to the county sheriff within 48 hours after establishing a permanent, temporary, or transient residence. The Brancato Law Firm tells clients to treat the 48 hours as starting the moment the stay qualifies, not the day the move feels permanent.

Does a sealed or expunged conviction in another state end Florida registration?

Not always, because Florida’s out-of-state removal rule requires proof that the designation itself was removed, and some sealing orders do not remove the conviction. Our attorneys at The Brancato Law Firm read the actual order before telling a client whether it satisfies section 943.0435(11)(b); our registry removal guide covers the other routes.

If I register in Florida and later move away, do I stay on Florida’s registry?

Yes, leaving Florida generally does not remove you, which is why OPPAGA counted 33,465 non-Florida residents on the registry in 2024. The Brancato Law Firm explains the 48-hour departure report and what happens to your Florida listing before you leave.

Can a Florida lawyer help me avoid registering?

A lawyer cannot waive a legal duty, but a lawyer can determine whether the duty applies and pursue removal when the law allows it. The Brancato Law Firm gives a written analysis of both Florida tests and, where a removal route exists, files the petition in the right circuit court; see our Hillsborough County criminal defense attorney page for local court information.

Talk to a Tampa Attorney Before You Move

Before you sign a Florida lease or book a moving truck, call The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, at (813) 727-7159. The 48-hour clock starts when your stay qualifies, not when you call a lawyer, so the review should happen first. Call us at any hour; our office is two blocks from the courthouse. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. Read our guide for Spanish and Haitian Creole speakers facing criminal charges.

For more about our defense strategies, visit our Tampa Sex Crimes Lawyer page.

The Brancato Law Firm, P.A.
620 E. Twiggs Street, Suite 205, Tampa, FL 33602
(813) 727-7159
Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

A Florida judge can remove a registration requirement only after the petitioner proves every statutory condition from certified records, and even then the judge must be satisfied that the person is not a current or potential threat to public safety. I have spent more than 25 years in Hillsborough County courtrooms, including service in the Major Crimes Unit of the Hillsborough County Public Defender’s Office, which handled homicide, sex crimes, and child abuse cases. My name is Rocky Brancato, and I am the founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, and a former Chief Operations Officer of the Hillsborough County Public Defender’s Office, where I oversaw a staff of over 100 attorneys. Our attorneys screen eligibility from the court file before anything is filed, because a denied Romeo and Juliet motion can never be filed again.

Most people who ask whether they can get off the sex offender registry in Florida are barred by the statute itself, most often by a single arrest since release or by the offense of conviction. A registration deputy may have told you to call a lawyer, but deputies process registrations and do not decide eligibility. The six questions below take about two minutes and will tell you where you stand before you spend money. Because of the volume of registry inquiries we receive, our firm does not offer free consultations on registry removal, designation, or out-of-state registration questions.

Can a sex offender get off the registry in Florida?

Yes, through one of four legal routes, and each one has its own gatekeeper. Section 943.0435(11) makes lifetime registration the default and lists the exceptions, section 943.04354 adds the Romeo and Juliet route, and section 943.0435(11)(b) covers people who register here only because another state designated them. The table below shows which route fits which situation.

How many people actually get off Florida’s registry?

Very few people leave Florida’s registry through a court. From October 1, 2021, through September 30, 2024, FDLE removed 2,554 people from the registry, and only 22 of them were removed because a qualifying conviction was vacated, according to the Florida Legislature’s Office of Program Policy Analysis and Government Accountability (OPPAGA) in Report 24-11 (2024). In the same period, 26 people were removed under the Romeo and Juliet law, 48 were Florida residents with out-of-state convictions, 107 did not live in Florida, and 2,282 had died. OPPAGA’s breakdown does not report a separate figure for the 25-year petition.

The registry is also far larger than the group living in Florida neighborhoods. As of October 2024, only 30,907 people on Florida’s registry lived in Florida communities, according to the same 2024 OPPAGA report; the rest were incarcerated, civilly committed, living out of state, or had absconded. Closer to home, OPPAGA counted 1,579 registered sex offenders in Pinellas County and 872 in Pasco County in 2024.

Start here: six questions that tell you if you are barred

Work through these in order. Each question comes from section 943.0435(11), and if a question stops you, the bar is written into the statute, so no motion can get around it.

Question 1. Are you still in custody or on probation, parole, community control, or any other sanction for the offense?

If yes, stop. The waiting period has not started. The clock runs from release from “confinement, supervision, or sanction, whichever is later,” so it starts when the last piece of the sentence ends, which may be years after you left prison. Count unpaid restitution, fines, or costs if the sanction has not formally terminated.

If no, go to Question 2.

Question 2. Since that date, have you been arrested for anything at all?

If yes, stop. Section 943.0435(11)(a)1. requires that the person “has not been arrested for any felony or misdemeanor offense since release,” and the statute turns on the arrest, whatever the outcome. Charges that were dropped, dismissed, or ended in acquittal still count, and so does an arrest for failure to register. One thing is worth checking: if your FDLE criminal history shows an arrest that never happened or belongs to someone else, that is a records error to correct before anything else.

If no, go to Question 3.

Question 3. Was your registration based on an adult conviction for one of these offenses?

• Kidnapping or false imprisonment under section 787.01 or 787.02
• Sexual battery under section 794.011, other than section 794.011(10)
• Lewd or lascivious battery under section 800.04(4)(a)2., where the court found the victim was under 12 or the sexual activity involved force or coercion
• Lewd or lascivious molestation under section 800.04(5)(b)
• Lewd or lascivious molestation under section 800.04(5)(c)2., where the court found both force or coercion and unclothed genitals or genital area
• A lewd or lascivious offense on an elderly or disabled person under section 825.1025(2)(a)
• An attempt or conspiracy to commit any of these, or a similar offense under another state’s or federal law

If yes, stop. These are permanent bars to the 25-year petition. Registration then lasts for life unless you obtain a full pardon, a postconviction court sets the conviction aside, or a section 800.04 case fits the Romeo and Juliet route described below. Two of the bars apply only where the sentencing court made a specific finding, so if your judgment and written findings do not contain that finding, the bar may not reach you. That is a question for your paperwork, and your memory of the case cannot answer it.

If your only registrable offense was a juvenile adjudication, keep going. These bars apply only to adult convictions.

If no, go to Question 4.

Question 4. Has a judge designated you a sexual predator?

A sexual predator designation is a separate written court order under section 775.21, Florida Statutes, and it appears on your FDLE registration record. If yes, the 25-year petition is not available, because section 775.21(6)(l) requires a predator to register for life unless the person receives a full pardon or has the qualifying conviction set aside. Two doors remain open: a Romeo and Juliet motion, which by its terms applies to sexual offenders and sexual predators, and a motion showing the designation was entered contrary to law, which our firm handles.

If no, go to Question 5.

Question 5. Has it been at least 25 years since the last of your confinement, supervision, or sanctions ended?

If no, stop and do the arithmetic: add 25 years to the date your last sanction ended, and that is the earliest date you can petition. Between now and then, one arrest for anything ends eligibility permanently. If someone told you 20 years, that was the law before July 1, 2007, and three Florida appellate courts, including the Second District Court of Appeal that covers Tampa Bay, now say the 25-year rule governs every petition filed today.

If yes, go to Question 6.

Question 6. Were you removed from another state’s registry, or told you no longer have to register there?

If yes, that relief does not carry over automatically, and your route runs through FDLE rather than a judge. Skip to the out-of-state section below.

If you answered no to every question, you have cleared the automatic bars in the statute. That is uncommon, and it is as far as a checklist can take you. What remains is a discretionary decision made on your records by a particular judge.

What does the 25-year petition require in Florida?

A 25-year petition under section 943.0435(11)(a) requires four things: at least 25 years since release from confinement, supervision, or sanction, whichever is later; no arrest for any felony or misdemeanor since release; no adult conviction on the barred list; and a judge’s decision to grant relief. The Legislature raised the waiting period from 20 to 25 years and added the permanent bars in chapter 2007-209, Laws of Florida, which took effect July 1, 2007.

The judge must make three findings

Meeting the threshold only opens the door. Under section 943.0435(11)(a)3., the court “may grant or deny relief” if the petitioner shows no arrest for any crime since release, shows that relief complies with the federal Adam Walsh Child Protection and Safety Act of 2006 and related federal standards, and the court “is otherwise satisfied that the offender is not a current or potential threat to public safety.” If the court denies the petition, it may set a future date when the person can petition again.

That last finding is where the evidence matters. A U.S. Department of Justice research brief, Recidivism of Adult Sexual Offenders (SMART Office, 2015), summarized a meta-analysis finding that 14 percent of offenders were sexual recidivists after five years, while only 7 percent of those who stayed offense-free for those five years sexually reoffended over the next five. Our attorneys use research like this, together with treatment, employment, and family records, to show a judge what decades without an arrest mean.

Who gets notice and who can oppose the petition

FDLE and the state attorney for the circuit where the petition is filed must receive notice at least 3 weeks before the hearing, and both may present evidence against the petition. FDLE’s right to notice was added in 2024; before that, the statute required notice only to the state attorney. If the court grants relief, FDLE removes the person from classification as a sexual offender once it receives a certified copy of the order.

Where the petition is filed

The petition goes to the criminal division of the circuit court in the circuit where the conviction or adjudication occurred. For an out-of-state conviction, it goes to the circuit where the person lives, or where the person last lived if he or she has left Florida.

How does a registry removal petition work in Hillsborough County?

A Hillsborough County conviction means a petition in the criminal division of the circuit court for the 13th Judicial Circuit, with notice to the State Attorney’s Office for the 13th Judicial Circuit and to FDLE. The steps below follow the statute; the evidence is what changes from case to case.

1. Pull certified records: the judgment and sentence for every qualifying offense, any written findings the sentencing court made, proof of the date every sanction ended, a current FDLE criminal history, and your registration record.
2. Check eligibility against section 943.0435(11)(a) line by line, including the full arrest history and the barred-offense list.
3. File the petition in the criminal division of the circuit court where the conviction occurred.
4. Give the State Attorney’s Office and FDLE notice at least 3 weeks before the hearing.
5. At the hearing, present evidence that you are not a current or potential threat to public safety. The State and FDLE may present evidence in opposition.
6. If the judge grants relief, deliver a certified copy of the order to FDLE, which then removes the registration requirement.

Two of the leading appellate decisions on which version of the statute applies, State v. Korson and State v. Perdomo, discussed below, both came out of Hillsborough County circuit court. In our experience defending failure-to-register cases in Hillsborough County, the arrest bar is the single most common reason a caller who believes he qualifies does not.

Can a juvenile adjudication come off the Florida registry?

Yes, and juvenile registrants have more options than most people are told. A juvenile adjudication triggers registration only if the child was adjudicated delinquent on or after July 1, 2007, was 14 or older at the time of the offense, and committed one of a short list of offenses with specific court findings, under section 943.0435(1)(h)1.d. The permanent bars to the 25-year petition apply only to adult convictions, so a person whose only registrable offense is a juvenile adjudication, even for sexual battery, may petition after 25 arrest-free years. A delinquency adjudication can also qualify for the Romeo and Juliet route.

Two court decisions help juvenile clients. In K.J.F. v. State, 44 So. 3d 1204 (Fla. 1st DCA 2010), the First District ordered a juvenile off the registry because his adjudication of delinquency had been withheld, and the juvenile registration provision reaches only a child who was adjudicated delinquent. In M.B. v. State, 159 So. 3d 960 (Fla. 5th DCA 2015), the Fifth District reversed a juvenile’s registration requirement because the trial court never found that the molestation involved unclothed genitals, and in fact found the opposite; the court said the juvenile provision “must be strictly construed.” Our post on juvenile sex offender registration in Florida covers what parents should do at the disposition stage.

How does Florida’s Romeo and Juliet law remove registration?

The Romeo and Juliet law, section 943.04354, lets a judge remove the registration requirement with no waiting period when the case involved a teenager close in age. It is narrow, and every one of these must be true:

• The conviction, regardless of adjudication, or the delinquency adjudication was for section 800.04, section 827.071, or section 847.0135(5), or a similar offense in another jurisdiction.
• The person has no other conviction or adjudication under section 794.011, 800.04, 827.071, or 847.0135(5).
• Registration is required solely because of that offense.
• The victim was 13 to 17 at the time, and the person was not more than 4 years older than the victim.
• Removal will not conflict with federal law requiring that the sexual act be consensual, notwithstanding the victim’s age.

Sexual battery does not qualify. Chapter 2016-104, Laws of Florida, removed section 794.011 from the qualifying list in 2016, and it now appears only in the disqualifying clause, yet many pages still describe it as eligible. Traveling to meet a minor does not qualify either. In Maxey v. State, No. 6D2024-1883 (Fla. 6th DCA Mar. 6, 2026), a man convicted under section 847.0135(3) in a case involving a perceived 14-year-old won a removal order, the trial court later vacated it, and the Sixth District affirmed because his offense was not on the list and he was more than 4 years older than the perceived victim.

Timing and second chances work differently here. In Hurtado v. State, 332 So. 3d 15 (Fla. 2d DCA 2021), the Second District reversed the denial of a Romeo and Juliet motion and held that under the current statute a person “may file the motion at any time.” Older decisions such as Clark v. State, 95 So. 3d 986 (Fla. 2d DCA 2012), which required the motion before sentencing, applied the earlier version of the law. Hurtado also notes that successive motions are not authorized: section 943.04354(2)(b) says that if the court denies the motion, the person may not file another one. That is why our attorneys do not file one until the record supports it.

Relief is still discretionary. In State v. Caragol, 120 So. 3d 641 (Fla. 5th DCA 2013), the Fifth District quashed a removal order because the trial court ignored the age requirement, explaining that meeting every criterion is what gives a court discretion to grant relief and that the court must state the basis for its ruling. The State Attorney and FDLE must receive notice at least 21 days before the hearing and may oppose the motion. A person convicted elsewhere must also give the court written confirmation that he or she is not required to register in that jurisdiction.

A granted motion does more than end reporting. Section 943.04354(3) directs FDLE to remove the person’s information from the public registry, and section 775.215(2)(c), Florida Statutes, excludes people removed under the Romeo and Juliet law from the state’s 1,000-foot residency restriction. Our page on Romeo and Juliet registry removal in Florida walks through eligibility in more detail.

How do the 25-year petition and the Romeo and Juliet motion compare?

The two court routes differ on almost every point that decides a case. The table below compares them side by side.

Can a sexual predator get off the registry in Florida?

Rarely. A court-designated sexual predator must register for life under section 775.21(6)(l) unless the person receives a full pardon or has the qualifying conviction set aside in a postconviction proceeding, and FDLE’s published guidance confirms that no statute lets a predator petition to remove the designation. The two realistic paths are a Romeo and Juliet motion, when the case fits that statute, and a motion showing the designation never should have been entered.

Designation errors happen more often than people expect. A predator designation depends on specific qualifying offenses and findings, and when the record does not support them, the order can be challenged by a motion to correct an illegal sentence under Florida Rule of Criminal Procedure 3.800(a). Our firm has obtained that relief, as the results table below shows. Our post on removing a wrongful sexual predator designation explains the process, and our Tampa sex crimes defense attorney page covers the underlying charges.

What if you were removed from another state’s registry?

Florida does not automatically honor another state’s removal. Under section 943.0435(11)(b), a person who registers here because of another state’s designation must prove two things: that the designation was removed by court order or by operation of law, and that he or she does not meet any other Florida criteria for registration under section 943.0435(1)(h)1. The second showing defeats most people, because the underlying conviction usually qualifies on its own under Florida law.

This route starts with FDLE, not a circuit judge. In Adams v. State, 37 So. 3d 953 (Fla. 4th DCA 2010), a man asked a Florida court to end his registration after another state removed him; the Fourth District held he first had to petition FDLE under section 943.0435(11)(b), with mandamus in circuit court available if FDLE refused, and it did not decide his full faith and credit or equal protection arguments. FDLE’s own registry FAQ warns that removal from another state’s requirement does not guarantee removal in Florida, and it offers a written case review for people with no registration duty elsewhere or whose offense was a juvenile adjudication. Our post on moving to Florida after registry removal in another state covers this route in depth.

How does federal law (SORNA) affect getting off the registry in Florida?

Federal law sets the floor a Florida judge must respect. Section 943.0435(11)(a)3. allows removal only if relief complies with the Adam Walsh Child Protection and Safety Act of 2006, whose Sex Offender Registration and Notification Act (SORNA) sorts offenders into three tiers. Under 34 U.S.C. § 20915, the full federal registration period is 15 years for Tier I, 25 years for Tier II, and life for Tier III. A Tier I offender who keeps a clean record for 10 years can reduce the period by 5 years, and a Tier III offender whose registration rests on a juvenile adjudication can reduce it from life to 25 years with a clean record.

Florida itself does not label registrants by tier; it classifies people as sexual offenders or sexual predators. Florida’s 25-year waiting period matches the federal Tier II period, and its permanent bars cover the most serious adult offenses. A Florida order ends the Florida registration requirement, so anyone with a federal conviction or plans to live in another state should have that jurisdiction’s rules checked separately.

Does a withhold of adjudication keep you off the registry?

No, not for an adult. Section 943.0435(1)(b) defines “convicted” to include a guilty or no contest plea “regardless of whether adjudication is withheld.” In DeRosa v. Tunnel, 989 So. 2d 1206 (Fla. 4th DCA 2008), a man who received a withhold on lewd and lascivious charges sought relief from registration, and the Fourth District affirmed the denial because the statute expressly counts withheld adjudications after a plea as convictions. Section 943.0436, Florida Statutes, also bars a judge from entering an order, including one approving a plea agreement, that exempts a qualifying person from registration.

That makes the plea stage the real decision point. If you are under investigation or newly charged, the time to avoid registration is before any plea, often through representation before charges are filed or a negotiated charge that does not require registration. Our post on withhold of adjudication and the sex offender registry explains how the rule differs for adults and juveniles.

What happens when a judge grants removal under the wrong law?

The order can be undone, and recent appellate decisions show it happening. Since 2025, three Florida district courts of appeal have said that section 943.0435 is procedural, so the version in effect when the petition is filed, with its 25-year period and permanent bars, controls even for offenses that are decades old.

The Second District: Korson and Perdomo

In State v. Korson, 413 So. 3d 207 (Fla. 2d DCA 2025), a man who pleaded guilty to sexual battery in 1992 and finished probation in 1999 petitioned in Hillsborough County after 20 years, and the circuit court applied the old 20-year statute and removed him. The Second District said the trial court should have applied the current version, which bars adult sexual battery convictions, but dismissed the State’s appeal for lack of jurisdiction. It relied on LaFave v. State, 149 So. 3d 662 (Fla. 2014), in which the Florida Supreme Court held that the State could not use certiorari to review an order ending Debra LaFave’s probation because the order was final and the State had no statutory right to appeal it. Two months later, in State v. Perdomo, No. 2D2024-0857 (Fla. 2d DCA May 16, 2025), another Hillsborough case, the court dismissed again and wrote that, “given the frequency with which the issue presented by the State appears to be arising,” it needed to reiterate that the statute is procedural.

The Fourth and Third Districts: Garcia and Hernandez

In Florida Department of Law Enforcement v. Garcia, No. 4D2025-2547 (Fla. 4th DCA Sept. 2, 2026), a Broward County man who pleaded to sexual battery in 1991 and finished supervision in 2000 filed a second removal petition in July 2024, and a successor judge granted it. FDLE, which was not a party, moved to vacate the order under section 943.0436(3), and the trial court ruled that FDLE lacked standing. The Fourth District reversed. It held that a removal petition is a civil regulatory proceeding, so the order was appealable; that FDLE has standing to challenge an order affecting its duty to maintain the registry; and that because Garcia had not reached 20 years when the law changed in 2007, he had only “a mere expectation based on an anticipation of the continuance of an existing law, which is not a vested right.” The court directed the trial court to vacate and strike the removal order.

On September 30, 2026, the Third District followed Garcia in State v. Hernandez, No. 3D2024-1122 (Fla. 3d DCA Sept. 30, 2026). Hernandez received a withhold in 1992 on charges that included lewd and lascivious assault on a child, finished supervision in June 2002, and petitioned in March 2024 under the old 20-year rule, and the Miami-Dade circuit court granted removal. The Third District reversed and ordered the trial court to deny the petition and restore him to the registry, without prejudice to a future petition once he meets the statute then in effect. It agreed with Garcia that these proceedings are civil and declined to follow Korson on that point.

What these decisions mean for a Tampa Bay petition

Three points follow for anyone filing in Hillsborough, Pinellas, or Pasco County. First, the Second, Third, and Fourth Districts now agree that the 25-year statute applies to petitions filed today. Second, a granted order is less final than it looks: section 943.0436(3) gives an affected agency 1 year after receiving an order to move to modify or set it aside, and Garcia holds that FDLE may use that power, and trial courts also correct their own errors, as the Maxey court did. Third, the courts still disagree on whether the State can appeal, because Korson treats these proceedings as criminal while Garcia and Hernandez treat them as civil, and Korson remains the Second District’s rule unless that court or the Florida Supreme Court changes it. Garcia and Hernandez each carry the court’s standard notice that the opinion is not final until any timely rehearing motion is resolved. Our attorneys build every petition on the current statute so that a granted order holds up.

What does getting off the registry do, and what does it not do?

Removal ends the duty to register and report, and the conviction itself stays on the record. The table below shows the practical effect.

Our firm does not handle clemency or firearm rights restoration applications. The Florida Commission on Offender Review investigates clemency requests for the Board of Executive Clemency, and we can point you to the right starting place.

What registry and designation results has our firm obtained?

Our attorneys have corrected and removed sexual predator designations and resolved an out-of-state registration problem, as the published results below show.

Past results do not guarantee future outcomes.

When should you start a registry removal case?

Start before you are eligible. For a 25-year petition, any arrest before the hearing can end eligibility, certified records from older cases can take time to locate, and the State and FDLE get at least 3 weeks of notice before any hearing, so the record review should begin well before your 25-year date. For a Romeo and Juliet motion there is no deadline, but there is only one motion, so it should be filed only when the record is complete.

What does our firm charge for registry removal?

Our attorneys file 25-year removal petitions under section 943.0435(11), Romeo and Juliet motions under section 943.04354, and motions to correct offender and predator designations entered contrary to law. We do not offer free consultations on registry removal, designation, or out-of-state registration questions; a half-hour consultation is $350, payable in advance. If we determine you qualify and you retain us, we quote a flat fee for the work and credit the $350 toward it. Before you pay for anything, work through the six questions above, because if the statute forecloses your petition, a consultation cannot change that, and we will tell you so.

We review by records, not by phone: the certified judgment and sentence for every qualifying offense, proof of the date your sanctions ended, your complete arrest history, and your current FDLE registration record.

If you are looking for information, support, or others in your situation rather than legal counsel, the Florida Action Committee is a Florida membership organization for registrants and their families. It is not a law firm.

Frequently asked questions

Can you get off the sex offender registry early in Florida?

Only through the Romeo and Juliet law, a full pardon, or a vacated conviction, because the 25-year petition has no early version. Our attorneys at The Brancato Law Firm check every Romeo and Juliet requirement against the court file before filing, since section 943.04354 allows only one motion; our page on who qualifies for Romeo and Juliet removal lists the criteria.

Does Florida use Tier 1, Tier 2, and Tier 3 sex offender levels?

No. Florida classifies people as sexual offenders or sexual predators, and the three tiers come from federal law under SORNA. The Brancato Law Firm looks at the federal tier because a Florida removal order must comply with the Adam Walsh Act.

How much does it cost to get off the sex offender registry in Florida?

No fee or payment buys removal; only the legal routes described above can end registration, and a court or FDLE decides them. At The Brancato Law Firm, a half-hour registry consultation is $350, credited toward a flat fee quoted after we review your records if you qualify and retain us; our sex crimes defense team page describes how we handle related cases.

How long does it take to get off the registry after a petition is filed?

The statute fixes only one step: FDLE and the State Attorney must receive notice at least 3 weeks before the hearing, and the rest depends on the court’s calendar and how quickly certified records arrive. The Brancato Law Firm gathers the certified records before filing so the hearing is not delayed waiting for documents.

Does a dismissed charge count as an arrest for registry removal?

Yes. Section 943.0435(11)(a)1. bars anyone “arrested for any felony or misdemeanor offense since release,” so the arrest counts even if the charge was dropped or ended in acquittal. The Brancato Law Firm pulls the full FDLE criminal history first, because an arrest that never happened or belongs to someone else is a records error that must be fixed before filing.

Can you seal or expunge a sex offense in Florida after getting off the registry?

No. Section 943.0584(2)(hh) makes any offense that is a predicate for sexual offender or sexual predator registration ineligible for court-ordered sealing or expunction. The Brancato Law Firm explains this at the start so clients know removal ends registration duties while the record stays public; our post on sex offender registration in Florida covers the duties themselves.

Do you need a lawyer to petition for removal from the sex offender registry?

The statute does not require one, but FDLE and the State Attorney can oppose the petition, and a denied Romeo and Juliet motion can never be refiled. The Brancato Law Firm’s Tampa sex crimes lawyers prepare the record, the evidence, and the legal argument so the judge has a complete basis to grant relief.

Can a lawyer tell me over the phone whether I qualify?

No, because eligibility turns on documents: the exact offense of conviction, the sentencing court’s findings, the date each sanction ended, and your full arrest history. The Brancato Law Firm answers that question from certified records in a paid consultation rather than guessing from a phone description.

Talk to our attorneys before you file

The first thing our attorneys do on a registry case is pull the certified judgment, the sentencing findings, and the FDLE record, because the answer is in the paperwork. The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, handles registry removal, Romeo and Juliet, and designation cases for clients in Hillsborough, Pinellas, and Pasco Counties. Call (813) 727-7159 to schedule a records review; any arrest before your hearing ends eligibility for good, so start well before your 25-year date. You can call us at any hour, and our office is two blocks from the courthouse. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. Read our guide for Spanish-speaking and Haitian Creole-speaking clients.

For more about our defense strategies, visit our Tampa Sex Crimes Lawyer page.

The Brancato Law Firm, P.A.

620 E. Twiggs Street, Suite 205, Tampa, FL 33602

(813) 727-7159

Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

This page provides general information about Florida law and is not legal advice. Reading it does not create an attorney-client relationship.

In a typical Florida age-of-consent prosecution, the State’s case rests on two birth dates and whatever the accused told a detective, because the younger person’s willingness is not a defense. I saw how these cases are built, and where they come apart, in the Major Crimes Unit of the Hillsborough County Public Defender’s Office, which handled homicide, sex crimes, and child abuse cases. My name is Rocky Brancato, and as founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, I have tried more than 150 jury trials to verdict. Our attorneys defend people accused of sex offenses involving teenagers across Hillsborough, Pinellas, and Pasco Counties, starting with the first call from a detective.

What is the age of consent in Florida?

The age of consent in Florida is 18, but no single statute says so. The rule comes from three laws read together: section 794.05, Florida Statutes, for 16- and 17-year-olds; section 800.04, Florida Statutes, for anyone under 16; and section 794.011, Florida Statutes, the sexual battery law, for any sexual act without consent. These statutes apply in every Florida county, so the answer is the same in Tampa, Miami, or Orlando.

Two rules apply whenever the younger person is a minor these statutes protect. First, the minor’s agreement does not count: section 800.04(2) states that “[n]either the victim’s lack of chastity nor the victim’s consent is a defense to the crimes proscribed by this section.” Second, a mistake about age does not help. Under section 794.021, Florida Statutes, “ignorance of the age is no defense,” and neither is a lie about age or “a bona fide belief” that the person was older. Section 800.04(3) applies the same rule to children under 16. The table below shows how Florida law treats the most common age combinations.

Our attorneys at The Brancato Law Firm start every one of these cases by fixing both people’s ages on the date of each alleged act, because the row that applies decides the charge, the penalty, and whether registration follows.

Can a 16- or 17-year-old legally date someone 18 to 23 in Florida?

Yes. Florida has no law against dating at any age, and section 794.05 makes sexual activity with a 16- or 17-year-old a crime only when the older person is 24 or older. A 16-year-old and an 18-year-old, a 17-year-old and a 19-year-old, or a 17-year-old and a 23-year-old do not violate section 794.05 when both consent.

• 16 and 18: not a crime under section 794.05.
• 17 and 19, or 17 and 20: not a crime under section 794.05.
• 16 and 23: not a crime under section 794.05.
• 17 and 24: a second-degree felony for the 24-year-old.
• 15 and any age: a felony under section 800.04, covered below.

The older partner’s birthday can change the answer overnight. A relationship that starts when the older partner is 23 becomes a felony for any sexual activity on or after the older partner’s 24th birthday while the younger partner is still 16 or 17. The State has to prove the date of each act, and The Brancato Law Firm holds prosecutors to that proof.

Section 794.05 also has one narrow exception. Subsection (3) says its provisions “do not apply to a person 16 or 17 years of age who has had the disabilities of nonage removed under chapter 743,” which is Florida’s process for legally emancipating a minor. Being outside section 794.05 does not protect every part of a relationship. Photos, school and family authority, and disputed consent fall under other statutes, explained in the section on what consent does not cover below.

What happens if the older partner is 24 or older?

A person 24 or older who has sexual activity with a 16- or 17-year-old commits unlawful sexual activity with certain minors, a second-degree felony under section 794.05(1). The maximum sentence is 15 years in prison under section 775.082, Florida Statutes, and the maximum fine is $10,000 under section 775.083, Florida Statutes. A conviction requires sex offender registration under section 943.0435, Florida Statutes, which lists section 794.05 as a qualifying offense and counts a plea “regardless of whether adjudication is withheld.”

“Sexual activity” has a specific meaning in section 794.05: oral, anal, or female genital penetration by, or union with, the sexual organ of another, or penetration by any other object. Kissing or touching that does not meet that definition is not a section 794.05 offense. The statute also says the 16- or 17-year-old’s “prior sexual conduct is not a relevant issue,” and if the offense results in a birth, paternity is established under chapter 742 and an offender found to be the father must pay child support. Our full guide to unlawful sexual activity with a minor in Florida covers the elements, penalties, and defenses in detail, and our Tampa sex crimes defense attorney page explains how our firm approaches these charges.

The 24-year line exists because of a Florida Supreme Court case. In B.B. v. State, 659 So. 2d 256 (Fla. 1995), a juvenile case that reached the court from the Second District Court of Appeal, both teenagers were 16, and the State prosecuted one of them under the old version of section 794.05, which applied to “any person.” The court held the statute unconstitutional as applied to a minor, because the State had not shown that prosecuting one 16-year-old for consensual sex with another was the least intrusive way to protect minors. In 1996, the Legislature rewrote section 794.05 so that it applies only to a person 24 or older (chapter 96-409, Laws of Florida).

The Second District, which hears appeals from Hillsborough, Pinellas, and Pasco Counties, then upheld the new age line in State v. Walborn, 729 So. 2d 504 (Fla. 2d DCA 1999). The court held that limiting criminal responsibility to people 24 and older is not arbitrary, because the Legislature could decide that people in that group “were more likely than others to understand the consequences of their actions and to cause harm to minors.” With the age line settled, The Brancato Law Firm focuses these defenses on the facts the State must prove: the act, the dates, and the ages.

Is sex with someone under 16 always a crime in Florida?

Yes. Under section 800.04(4), sexual activity with a person 12 to 15 years old is lewd or lascivious battery, a second-degree felony, no matter how old the other person is. Section 800.04 has no close-in-age exception, so an 18-year-old with a 15-year-old and a 17-year-old with a 14-year-old can both be charged. Touching a person under 16 in a lewd or lascivious manner, without sex, can be charged as lewd or lascivious molestation or lewd or lascivious conduct.

The Florida Supreme Court rejected the argument that a willing teenager changes the result in Jones v. State, 640 So. 2d 1084 (Fla. 1994). One defendant was 18, and in the companion case two men aged 19 and 20 had sex with 14-year-old girls who, the parties agreed, consented. The court upheld section 800.04, holding that “neither the level of intimacy nor the degree of harm are relevant when an adult and a child under the age of sixteen engage in sexual intercourse.”

Teenagers can be charged too. In J.A.S. v. State, 705 So. 2d 1381 (Fla. 1998), two 15-year-old boys were charged after consensual sexual activity with two 12-year-old girls. The court held that section 800.04 could be applied to them in the juvenile system, because the State’s interest in protecting 12-year-olds outweighed the older teens’ privacy interest. Penalties under section 800.04 range from a third-degree felony for some offenders under 18 to a life felony for an adult accused of molesting a child under 12; our guide on how to fight a lewd and lascivious charge in Florida breaks down each tier.

Research shows how often these cases involve people who already know each other. A U.S. Office of Juvenile Justice and Delinquency Prevention bulletin, Statutory Rape Known to Law Enforcement (2005), analyzed 2000 National Incident-Based Reporting System data and found that 95% of statutory rape victims were female and almost 3 of every 5 were 14 or 15 years old. Three in 10 offenders were boyfriends or girlfriends and 6 in 10 were acquaintances, and an arrest occurred in 42% of incidents. Because so many of these cases grow out of an existing relationship, our attorneys at The Brancato Law Firm look closely at the messages and timeline between the two people.

Does Florida have a Romeo and Juliet law?

Yes, but it does not make any relationship legal and it is not a defense to a charge. Florida’s Romeo and Juliet law, section 943.04354, Florida Statutes, lets a person who was close in age to the minor ask a court to remove the requirement to register as a sexual offender after a conviction. The closest thing Florida has to a close-in-age rule for the crime itself is the under-24 line in section 794.05.

Section 794.05 is not on the list. A person convicted of unlawful sexual activity with a 16- or 17-year-old cannot use the Romeo and Juliet law, and a 24-year-old is always more than 4 years older than a 16- or 17-year-old in any event. For that person, the main path off the registry is the general petition under section 943.0435(11), which requires at least 25 years after release from all confinement and supervision with no arrest for any felony or misdemeanor.

Courts apply the statute strictly. In Hurtado v. State, 332 So. 3d 15 (Fla. 2d DCA 2021), a Hillsborough County judge denied a Romeo and Juliet motion without explaining why. The Second District reversed, holding that the current statute allows the motion to be decided at a hearing after sentencing and that a denial without reasons cannot stand, and it noted that “[s]uccessive motions to remove the registration requirement are not authorized.”

A 2026 decision shows the limits. In Maxey v. State, No. 6D2024-1883 (Fla. 6th DCA Mar. 6, 2026), an Orange County judge had granted registry removal to a man who was 28 when he committed an online solicitation offense under section 847.0135(3) involving a person he believed was 14. The judge later vacated that order, and the Sixth District affirmed: his offense was not on the statute’s list and he was more than 4 years older, so the court had no discretion to grant relief. Because the offense of conviction decides whether this relief exists at all, our attorneys at The Brancato Law Firm weigh registration consequences, including Romeo and Juliet eligibility, before any plea.

Relief under this law is rare. As of October 2024, Florida’s sex offender registry listed 86,207 people, and 1,999 registered sex offenders lived in Hillsborough County communities, according to the Florida Legislature’s Office of Program Policy Analysis and Government Accountability (OPPAGA) in Report 24-11 (2024). From October 1, 2021, through September 30, 2024, FDLE removed 2,554 people from the registry; 2,282 of them had died, and 26 were removed under the Romeo and Juliet law.

The pattern is older than that report. A Florida Senate Committee on Criminal Justice issue brief, Examine Florida’s “Romeo and Juliet” Law (September 2011), found that as of July 2011 courts had granted 241 petitions, 93% of them for a lewd or lascivious offense, and that the largest share of granted petitions, 24%, came from the 6th Judicial Circuit, which covers Pasco and Pinellas Counties. Our Romeo and Juliet registry removal guide explains how The Brancato Law Firm prepares the motion.

What does consent not cover in Florida?

Consent between a 16- or 17-year-old and a partner under 24 answers only one question: whether section 794.05 applies. Six other rules can still lead to felony charges in a relationship that section 794.05 allows.

1. Photos and videos. Section 827.071, Florida Statutes, defines a child as anyone under 18, so a sexual image of a 16- or 17-year-old is child sexual abuse material even when the relationship is legal. Possessing it is a second-degree felony, and each image is a separate offense. Our post on Florida pornography and age verification laws covers the image laws in more depth.
2. Sending explicit images to a minor. Sending material harmful to minors to someone known to be under 18 can be charged under section 847.0138, Florida Statutes, a third-degree felony. Between two minors, section 847.0141, Florida Statutes, makes a first sexting violation a noncriminal violation, but images showing sexual conduct can still be prosecuted under other laws.
3. School employees and volunteers. Under section 800.101, Florida Statutes, an adult employed by, volunteering at, or under contract with a school commits a second-degree felony by engaging in sexual conduct or “a relationship of a romantic nature” with a student. The statute defines a student as a person enrolled at a school, with no age limit. Our post on what happens when a teacher is arrested in Florida covers the career consequences.
4. Parents, stepparents, and custodial adults. Under section 794.011(8), a person in “a position of familial or custodial authority” who engages in sexual battery with a 12- to 17-year-old commits a first-degree felony, and the minor’s willingness “is not a defense to prosecution.”
5. Disputed consent. Consent in Florida means “intelligent, knowing, and voluntary consent.” If a 16- or 17-year-old says an act was not consensual, the accused can face a sexual battery charge under section 794.011(5)(a), a first-degree felony when the accused is 18 or older. Allegations like this sometimes surface after a parent learns about the relationship.
6. Age mistakes. A fake ID or a dating-app profile showing 18 is not a defense under section 794.021 or section 800.04(3).

The Brancato Law Firm checks each of these statutes against the facts at the start of a case, because a relationship that falls outside section 794.05 can still be charged under one of them.

Is there a crime called statutory rape in Florida?

No. Florida’s criminal statutes do not use the term “statutory rape.” People use it to describe sex with someone under the age of consent, and in Florida that usually means one of three charges:

• Unlawful sexual activity with certain minors (section 794.05): a person 24 or older with a 16- or 17-year-old.
• Lewd or lascivious battery (section 800.04(4)): sexual activity with a 12- to 15-year-old, by anyone.
• Sexual battery (section 794.011): any sexual act with a child under 12, or with a person of any age who did not consent.

The label matters less than the statute on the charging document, because each one has different elements, penalties, and registration consequences. When someone tells us a detective mentioned “statutory rape,” our attorneys at The Brancato Law Firm first find out which statute the detective is working under and which dates and ages the State believes it can prove.

What should you do if a detective calls about a relationship with a teenager?

Do not agree to an interview, and call a defense lawyer before you say anything. We have seen the pattern many times: a detective calls and asks you to come in “just to talk,” keeps the tone friendly, and says something like “We know it was consensual. We’re not saying you forced her.” In a section 794.05 or section 800.04 case, consent is not a defense, so an admission that the relationship happened can supply most of the State’s case.

Most of these cases begin with interviews, not physical evidence, and an investigation can run for weeks before anyone is arrested. That window matters. Our representation before charges are filed can include speaking with the detective for you and presenting information to the State Attorney’s Office for the 13th Judicial Circuit before it decides whether to file. In sex cases involving teenagers, The Brancato Law Firm has had the State decline to file charges, as the results below show.

• Do not call, text, or message the other person or their family about the allegation.
• Do not delete anything. Save texts, photos, and records that show dates, because the charge depends on each person’s age on the date of each act.
• Do not post about the relationship or the investigation on social media.
• Write down the detective’s name, agency, and case number, and give them to your lawyer.

If an arrest has already happened in Hillsborough County, first appearance takes place within 24 hours at the Orient Road Jail, where bond and no-contact conditions are set. Our Hillsborough County criminal defense attorney page explains what comes next.

Real results in age-of-consent cases

Past results do not guarantee future outcomes. More results are on our case results page.

Frequently Asked Questions About the Age of Consent in Florida

Can an unlawful sexual activity with a minor charge be dropped in Florida?

Yes. Prosecutors can drop or dismiss a section 794.05 charge when the proof of the act, the dates, or the ages does not hold up. The Brancato Law Firm had one such charge against a 27-year-old dismissed after a social media investigation exposed the accuser’s conflicting statements, and our sex crimes defense team handles these cases from investigation through trial.

Is it illegal for an 18-year-old to have sex with a 15-year-old in Florida?

Yes. Sexual activity with a 15-year-old is lewd or lascivious battery under section 800.04, a second-degree felony, regardless of consent. The Brancato Law Firm defends these charges by testing the dates and ages the State must prove, as our article on lewd and lascivious charges explains.

Can my parents press charges if I am 17 and my partner is 20?

Parents can report a relationship to police, but the State Attorney’s Office decides whether to file charges, and consensual sex between a 17-year-old and a 20-year-old does not violate section 794.05. The Brancato Law Firm steps in when a report like this turns into a claim that the sex was not consensual, which is a different and more serious charge, and our pre-file advocacy starts before any arrest.

Is it legal to send nude photos to a 17-year-old partner in Florida?

No. A sexual image of anyone under 18 is child sexual abuse material under section 827.071, and sending explicit images to a known minor can be charged under section 847.0138, even when the sexual relationship itself is legal. Our attorneys at The Brancato Law Firm defend image-based charges, which our post Is Porn Legal in Florida? covers further.

Does the Romeo and Juliet law apply to a section 794.05 conviction?

No. Section 943.04354 covers only convictions under sections 800.04, 827.071, and 847.0135(5), and the person must be no more than 4 years older than a minor who was 13 to 17. The Brancato Law Firm reviews whether another path, such as the 25-year petition under section 943.0435(11), is available; our page on Florida Romeo and Juliet registry removal explains who qualifies.

What if a 16-year-old said they were 18?

It is not a defense. Under section 794.021, ignorance of the minor’s age, a misrepresentation of age, or a good-faith belief that the person was older does not excuse the offense. The Brancato Law Firm still documents what the accused was told, because the circumstances can matter in negotiations with the prosecutor, as our post on ignorance of the victim’s age explains.

Can a teacher date an 18-year-old student in Florida?

No. Section 800.101 makes it a second-degree felony for a school employee, volunteer, or contractor 18 or older to engage in sexual conduct or a romantic relationship with a student, and it defines a student as a person enrolled at a school, with no age limit. The Brancato Law Firm defends educators accused under this statute, and our post on a teacher arrested in Florida covers the certification fallout.

Can two 15-year-olds be charged for having sex in Florida?

Yes. Section 800.04 applies to anyone who has sexual activity with a person 12 to 15, including another teenager, and the Florida Supreme Court allowed a juvenile prosecution of 15-year-olds in J.A.S. v. State. The Brancato Law Firm represents teenagers in juvenile court, where we push for outcomes such as treatment-based agreements that avoid sex offender registration.

Call before the first interview

Detectives usually try to get a statement before the accused has a lawyer, so the best time to call is before any interview. The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, can speak with the detective for you, preserve the messages and records that show dates and ages, and start building the defense right away. Call (813) 727-7159 for a free, confidential consultation. You can call us at any hour, and our office is two blocks from the courthouse. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. Read about our Spanish and Haitian Creole criminal defense services.

For more about our defense strategies, visit our Tampa Sex Crimes Lawyer page.

The Brancato Law Firm, P.A.

620 E. Twiggs Street, Suite 205, Tampa, FL 33602

(813) 727-7159

Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

How this Decision Impacts Your Tampa, Florida Sex Offender Registry Removal Case

By The Brancato Law Firm, P.A. | Tampa’s Trusted Sex Crimes Defense Firm

If you’re in Tampa Bay and aiming for removal from the Florida sex offender registry, recent court decisions demand your attention. Understanding these rulings—and the critical errors within them—is vital. While a case like State v. Perdomo saw the State’s petition dismissed, the deeper issue for the Second District Court of Appeal is a pattern they are growing frustrated with: courts are frequently applying outdated laws.

This misapplication of Florida’s sex offender registry law might seem like a win if it leads to someone’s removal. However, it’s a precarious victory. Relying on old statutes can create a legal minefield, potentially leading to future challenges and jeopardizing your freedom.

At The Brancato Law Firm, P.A., we specialize in Florida sex offender registry removal in Tampa. We meticulously ensure your petition adheres to the current law, because even a minor oversight can have devastating consequences.

The Perdomo Pitfall: A Case of Outdated Law for Florida Sex Offender Removal

In State v. Perdomo, No. 2D2024-0857 (Fla. 2d DCA May 16, 2025), a trial court approved a petition for sex offender registry removal. The problem? The court incorrectly used an old version of Florida Statute § 943.0435 – one that permitted removal after only 20 years.

This is no longer the law.

As of October 1, 2024, the correct Florida Statute § 943.0435 mandates:

• 25 years of offense-free conduct after release from incarceration or supervision.
• No new arrests or convictions during this 25-year period.
• No disqualifying offenses, such as sexual battery under § 794.011(5), Fla. Stat.

Due to the 2014 Florida Supreme Court decision in LaFave v. State (149 So. 3d 662), the State couldn’t directly appeal the trial judge’s mistake in Perdomo. However, the appellate court didn’t ignore the error. It issued a clear statement: courts must apply the current version of the law, without exception.

A Disturbing Trend: The Courts’ Message on Florida Sex Offender Removal

This isn’t an isolated incident. A similar mistake occurred in State v. Korson, 50 Fla. L. Weekly D689 (Fla. 2d DCA Mar. 26, 2025). Again, the trial court used the wrong, outdated statute. While the appellate court dismissed that case too, it took the opportunity to underscore the importance of applying the correct law.

The message from these appellate decisions is crystal clear:

“Section 943.0435 is procedural and must be applied in its current form—even if the offense happened decades ago.”

This isn’t about what feels “fair”; it’s about strict adherence to what the current law demands for Florida sex offender registry removal, a critical issue for many in Tampa.

What This Means for Your Tampa Bay, Florida Registry Removal Case

If you are on Florida’s sex offender registry and seek removal, your petition must comply with today’s statute. This means:

1. 25 years must have passed since your release or the end of your supervision.
2. You must have no new arrests during that 25-year timeframe.
3. You must not have a disqualifying conviction (like adult sexual battery).

If your attorney uses outdated rules for your Florida sex offender registry removal in Tampa, you might achieve a temporary “win.” However, this leaves you vulnerable to future legal challenges. Worse, an incorrectly handled petition could lead to a denial of relief you were actually eligible for.

Why Tampa Bay Trusts The Brancato Law Firm for Sex Offender Registry Cases

When it comes to Florida sex offender registry removal in Tampa, experience and precision matter. The Brancato Law Firm, P.A., is Tampa’s authority in sex crimes defense and registry relief. Here’s why clients and even other attorneys turn to us:

• Over 25 years of dedicated criminal defense experience, specializing in major sex crimes and post-sentence relief.
• Our founder, Rocky Brancato, is the former Chief Operations Officer at the Hillsborough Public Defender’s Office, where he oversaw more than 100 attorneys and over 200 staff members.
• Rocky spent years working in a specialized sex crimes unit where he learned advanced techniques that can only be learned through being immersed in serious, complex sex crimes cases over an extended period of time.
• We possess in-depth knowledge of § 943.0435 and diligently track every statutory change and relevant case law.
• We are skilled in challenging predator designations, helping you reclaim your life.
• We don’t just file paperwork; we fight for tangible, lasting results.
• Rocky wrote the book on what a major crimes attorney should be. Get your free copy of How to Choose a Major Crimes Attorney – or Any Criminal Defense Attorney for That Matter.

Pathways to Registry Removal in Florida

Florida law offers limited avenues for removal from the sex offender registry:

1. 25-Year Statutory Petition: Requires strict adherence to § 943.0435(11).
2. Romeo and Juliet Exception: Applicable to specific consensual relationships involving minors (§ 943.04354).
3. Governor’s Clemency or Pardon: This is a rare option but potentially viable with a compelling case.

We provide honest assessments. If you’re not eligible for removal, we’ll tell you directly. If you are, we build your case correctly from the outset, focusing on the nuances of Florida sex offender registry removal in Tampa.

Want to dive deeper? Read our comprehensive guide:  How to Get Off the Florida Sex Offender Registry and Withheld Adjudication and Sex Offender Registry. 

September 2026 update: The Fourth District has now weighed in from the other direction. In Florida Department of Law Enforcement v. Garcia, No. 4D2025-2547 (Fla. 4th DCA Sept. 2, 2026), the court reversed a Broward order that had removed a 1991 sexual battery defendant from the registry, holding that FDLE has standing under § 943.0436(3) to attack such an order, that removal proceedings are civil rather than criminal, and that the current version of § 943.0435 — with its twenty-five-year requirement and its bar on sexual battery convictions — governs any petition filed today. Garcia openly disagrees with Korson on the civil-versus-criminal question, so the two districts are now split on how the State gets to appellate review, even though they agree on which statute applies. We break down what that means for a Hillsborough, Pinellas, or Pasco petition in our full guide, Can I Get Off the Sex Offender Registry in Florida?

For how The Brancato Law Firm, P.A. defends these cases, see our Tampa sex crimes defense practice.

Work With Tampa’s Leading Sex Crimes Attorney

The legal landscape for sex offender registry removal is complex and constantly evolving. Judges are under scrutiny to apply the law correctly—but errors still happen. You need a Tampa Bay law firm that thoroughly understands the current statutes and the serious implications of any misstep.

The Brancato Law Firm, P.A., expertly handles:

• Petitions for Florida sex offender registry removal in Tampa
• Challenges to predator designations
• Postconviction motions (Florida Rule 3.800(a))
• Comprehensive sex crimes defense (trial and appeal)

Call us today for a consultation in Tampa Bay: (813) 727-7159

Or visit our websites: Tampa Sex Crimes Attorney and www.brancatolawfirm.com

The Bottom Line for Your Tampa Bay Registry Case

If you’re eligible for removal from Florida’s sex offender registry, you likely have only  one chance to get it right. Don’t risk your future by relying on outdated legal information or a general defense firm. Choose the Tampa team that leads the field in sex crimes defense and understands the high stakes involved in Florida sex offender registry removal in Tampa.

We aren’t just another law firm. We are the firm other attorneys consult when the case truly matters. Contact The Brancato Law Firm today.

The Florida Romeo and Juliet Law provides a way to seek removal from the sex offender registry. It was designed to provide relief for individuals placed on the sex offender registry because of consensual teenage relationships, not predatory behavior. Codified under Florida Statute 943.04354, the law allows qualifying individuals to petition for removal—but only if doing so is not contrary to federal law.

Attorney Rocky Brancato, a Tampa Sex Crimes Defense Lawyer with over 25 years of experience in sex crimes defense, helps clients in Hillsborough, Pinellas, and Pasco counties prepare and argue Romeo and Juliet removal petitions with the thoroughness these cases demand.

What the Law Allows

The Romeo and Juliet Law recognizes that not all sex-related offenses involve coercion, exploitation, or violence. If your conviction stemmed from a consensual, close-in-age relationship, and you meet the specific statutory criteria, you may qualify to be removed from the registry.

To be eligible, the following conditions generally must be met:

• The victim was 13 to 17 years old at the time of the offense.
• The defendant was no more than four years older than the victim.
• The offense involved no force, coercion, or exploitation.
• The individual has no other disqualifying convictions.
• The registration requirement arises solely from this offense.

The Federal Law Requirement: “Not Contrary to Federal Law”

Even if you meet Florida’s eligibility standards, your petition will only be granted if it is not contrary to federal law. Federal law, under the Sex Offender Registration and Notification Act (SORNA), still mandates registration for some individuals, unless the underlying facts fit within a very narrow “consensual close-in-age” exception.

To satisfy federal compliance, the court must find that:

• The sexual activity was truly consensual;
• The victim was at least 13 years old;
• The offender was no more than four years older; and
• The conduct did not involve force, coercion, or abuse of authority.

This safeguard ensures that registry relief is only granted where the conduct aligns with both Florida and federal standards.

Why These Motions Require Strategic Preparation

A motion for removal under the Romeo and Juliet Law is not a simple check-the-box filing. Judges have discretion, and prosecutors often oppose these petitions. A well-prepared motion requires far more than citing the statute—it demands investigation, documentation, and narrative clarity.

A skilled attorney will:

• Communicate with the victim (if appropriate and permitted) to confirm their position and clarify the consensual nature of the relationship;
• Review the full history of the case, including early police reports, discovery, and plea negotiations; and
• Anticipate prosecutorial and judicial concerns, addressing them directly within the motion.

Sometimes, prosecutors and judges are looking for reasons to deny these motions, especially if the case file contains inconsistencies or unresolved factual disputes. To be forewarned is to be forearmed—and preparation is the difference between denial and relief.

Why Choose The Brancato Law Firm, P.A.?

Attorney Rocky Brancato personally handles each petition from start to finish. As a former sex crimes unit supervisor with over two decades of courtroom experience, he brings a level of insight and credibility that few lawyers can match.

His approach combines legal precision with strategic preparation:

• Comprehensive case review – Examining every report, transcript, and record for consistency and eligibility.
• Proactive communication – Coordinating with the victim’s position where appropriate to avoid surprises in court.
• Discretionary awareness – Framing the petition to anticipate judicial discretion and federal compliance.

This methodical preparation gives clients the strongest chance of success while avoiding costly re-filings or permanent denials.

The Petition Process under the Florida Romeo and Juliet Law for removal sex offender registry

1. File the Motion – In the circuit court where the conviction occurred or where you now reside.
2. Notify FDLE and the State Attorney – Both must be given at least 21 days’ notice before the hearing.
3. Present Evidence – Demonstrate compliance with state and federal criteria.
4. Attend Hearing – The court will determine whether granting relief conflicts with federal law.
5. Removal from Registry – If approved, FDLE will remove your information from the public registry.

While the registry entry is removed, the underlying criminal record remains public under Florida’s open-records laws.

Get the Experienced Help You Need

If your inclusion on the Florida Sex Offender Registry resulted from a consensual teenage relationship, you may qualify for relief—but success requires precision and preparation.

Call The Brancato Law Firm, P.A. today at (813) 727-7159 to schedule a confidential consultation. Attorney Rocky Brancato will personally review your case, assess your eligibility, and craft a strategy tailored to both Florida and federal requirements.

Frequently Asked Questions

Can I be removed from the registry if the offense involved alcohol or coercion?

No. The Romeo and Juliet Law applies only to consensual acts. Any suggestion of coercion, even through alcohol, can disqualify you.

Why do judges deny some petitions even when eligibility appears clear?

Because removal is discretionary, not automatic. Judges may deny petitions based on factual ambiguities, lack of corroboration, or concerns about public safety.

Can I refile if my petition is denied?

No. Florida law allows only one petition under this statute, so it must be carefully prepared the first time.

Will I still have a criminal record if I’m removed from the registry?

Yes. Removal affects only the registry requirement, not the underlying conviction.