Failure to Initially Register or Update Information as a Sexual Predator - Florida Statute 775.21
There are a number of crimes in Florida that require an individual to be designated a sexual offender. If an individual is convicted of a sexual crime then he/she shall be required to register as a sexual offender.
There are a number of crimes that will carry the sexual offender designation but here are a few for example:
- Kidnapping where the victim is a minor and the defendant is not the victim's parent or guardian. Florida Statue 787.01.
- False imprisonment where the victim is a minor and the defendant is not the victim's parent or guardian. Florida Statute 787.02.
- Human Trafficking. Florida Statutes 787.06(3)(b), (d), (f), (g) or (h).
- Luring or enticing a child where the victim is a minor and the defendant is not the victim's parent or guardian. Florida Statute 787.025(2)(c).
The sexual predator designation is a more serious designation. Florida Statute 775.21 says that a person is designated a predator when the person has been convicted of a first-degree felony sex crime and the court issues a written order designating the individual as a predator.Failure to Initially Register
Anyone who is designated as a sexual predator will be required to register with the Florida Department of Corrections through the local sheriff’s office. The individual will be required to provide their:
- A passport (if they have one);
- Address of legal residence and address of any current temporary residence;
- All home telephone numbers and cellular telephone numbers;
- Any professional licenses he or she has;
- Brief description of the crime or crimes committed by the offender;
- Date and place of any employment;
- Date and place of each conviction;
- Date of birth;
- Hair and eye color;
- If an alien, immigration status documents;
- Make, model, color, vehicle identification number (VIN), and license tag number of all vehicles owned;
- Palm prints;
- Social security number;
- Tattoos or other identifying marks; and
In addition to the laundry list of required information, the statute also has other requirements:
- Section 775.21(6)(a)1.a. requires designated individuals to provide written notice in regards to their residence as a motor vehicle, trailer, mobile home, or manufactured home along with the vehicle identification number; the license tag number; the registration number; and a description, including color scheme. If the residence is a vessel, live-aboard vessel, or houseboat, the hull identification number and the manufacturer’s serial number.
- Section 775.21(6)(a)1.b. requires a sexual predator who is enrolled, employed, volunteering, or carrying on a vocation at an institution of higher education in this state to provide information to the department of corrections within 48 hours.
- Section 775.21(6)(f) requires the individual to report within 48 hours after initial registration to report to the Florida Department of Highway Safety and Motor Vehicles to receive a driver’s license, renew their driver’s license, or obtain identification as a sexual predator.
- Section 775.21(8) requires the designated individual to verify their addresses through Florida Department of Corrections correspondence.
- Section 775.21(6)(i) requires the designated individual to notify the local sheriff’s office within 48 hours if they plan on traveling or moving outside of Florida. If the individual changes his mind, he is required to notify of the change.
- Section 775.21(8)(a) requires a designated individual to register quarterly.
This Florida statute has multiple subsections which all require updates to the information provided in the initial registration. This can cause many problems for individuals designated as sexual predators.
Section 775.21(6)(g) requires the designated individual to update their information with the Department of Correction, Department of Highway Safety and Motor Vehicles, or the local sheriff’s office within 48 hours of change.Punishment
Violations of any of the different subsections are punished as either: (1) a third-degree felony which is punishable up to 5 years in prison and a $5,000 fine or (2) a second-degree felony which is punishable up to 15 years in prison and a $10,000 fine.Contact the Law Office of Roger P. Foley, P.A.
Any violation under this statute is serious. If you are convicted for failing to register as either a sexual offender or sexual predator, the penalty will be severe. Contact our office and share your version of events so that we can formulate a proper defense to the charge and/or mitigate the sentence. If you are already required to register as sexual offender/predator and have questions about your own future conduct, consider retaining our firm.