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Florida Statute 943.0435 | Lawyer Caselaw & Research
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The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 943
DEPARTMENT OF LAW ENFORCEMENT
View Entire Chapter
F.S. 943.0435
1943.0435 Sexual offenders required to register with the department; penalty.
(1) As used in this section, the term:
(a) “Change in status at an institution of higher education” has the same meaning as provided in s. 775.21.
(b) “Convicted” means that there has been 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 includes an adjudication of delinquency of a juvenile as specified in this section. Conviction of a similar offense includes, but is not limited to, a conviction by a federal or military tribunal, including courts-martial conducted by the Armed Forces of the United States, and includes a conviction or entry of a plea of guilty or nolo contendere resulting in a sanction in any state of the United States or other jurisdiction. A sanction includes, but is not limited to, a fine, probation, community control, parole, conditional release, control release, or incarceration in a state prison, federal prison, private correctional facility, or local detention facility.
(c) “Electronic mail address” has the same meaning as provided in s. 668.602.
(d) “Institution of higher education” has the same meaning as provided in s. 775.21.
(e) “Internet identifier” has the same meaning as provided in s. 775.21.
(f) “Permanent residence,” “temporary residence,” and “transient residence” have the same meaning as provided in s. 775.21.
(g) “Professional license” has the same meaning as provided in s. 775.21.
(h)1. “Sexual offender” means a person who meets the criteria in sub-subparagraph a., sub-subparagraph b., sub-subparagraph c., or sub-subparagraph d., as follows:
a.(I) Has been convicted of committing, or attempting, soliciting, or conspiring to commit, any of the criminal offenses proscribed in the following statutes in this state or similar offenses in another jurisdiction: s. 393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s. 787.025(2)(c), where the victim is a minor; s. 787.06(3)(b), (d), (f), or (g); former s. 787.06(3)(h); s. 794.011, excluding s. 794.011(10); s. 794.05; former s. 796.03; former s. 796.035; s. 800.04; s. 810.145(8); s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135, excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145; s. 895.03, if the court makes a written finding that the racketeering activity involved at least one sexual offense listed in this sub-sub-subparagraph or at least one offense listed in this sub-sub-subparagraph with sexual intent or motive; s. 916.1075(2); or s. 985.701(1); or any similar offense committed in this state which has been redesignated from a former statute number to one of those listed in this sub-sub-subparagraph; and
(II) Has been released on or after October 1, 1997, from a sanction imposed for any conviction of an offense described in sub-sub-subparagraph (I) and does not otherwise meet the criteria for registration as a sexual offender under chapter 944 or chapter 985. For purposes of this sub-sub-subparagraph, a sanction imposed in this state or in any other jurisdiction means probation, community control, parole, conditional release, control release, or incarceration in a state prison, federal prison, private correctional facility, or local detention facility. If no sanction is imposed, the person is deemed to be released upon conviction;
b. Establishes or maintains a residence in this state and who has not been designated as a sexual predator by a court of this state but who has been designated as a sexual predator, as a sexually violent predator, or by another sexual offender designation in another state or jurisdiction and was, as a result of such designation, subjected to registration or community or public notification, or both, or would be if the person were a resident of that state or jurisdiction, without regard to whether the person otherwise meets the criteria for registration as a sexual offender;
c. Establishes or maintains a residence in this state who is in the custody or control of, or under the supervision of, any other state or jurisdiction as a result of a conviction for committing, or attempting, soliciting, or conspiring to commit, any of the criminal offenses proscribed in the following statutes or similar offense in another jurisdiction: s. 393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s. 787.025(2)(c), where the victim is a minor; s. 787.06(3)(b), (d), (f), or (g); former s. 787.06(3)(h); s. 794.011, excluding s. 794.011(10); s. 794.05; former s. 796.03; former s. 796.035; s. 800.04; s. 810.145(8); s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135, excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145; s. 895.03, if the court makes a written finding that the racketeering activity involved at least one sexual offense listed in this sub-subparagraph or at least one offense listed in this sub-subparagraph with sexual intent or motive; s. 916.1075(2); or s. 985.701(1); or any similar offense committed in this state which has been redesignated from a former statute number to one of those listed in this sub-subparagraph; or
d. On or after July 1, 2007, has been adjudicated delinquent for committing, or attempting, soliciting, or conspiring to commit, any of the criminal offenses proscribed in the following statutes in this state or similar offenses in another jurisdiction when the juvenile was 14 years of age or older at the time of the offense:
(I) Section 794.011, excluding s. 794.011(10);
(II) Section 800.04(4)(a)2. where the victim is under 12 years of age or where the court finds sexual activity by the use of force or coercion;
(III) Section 800.04(5)(c)1. where the court finds molestation involving unclothed genitals;
(IV) Section 800.04(5)(d) where the court finds the use of force or coercion and unclothed genitals; or
(V) Any similar offense committed in this state which has been redesignated from a former statute number to one of those listed in this sub-subparagraph.
2. For all qualifying offenses listed in sub-subparagraph 1.d., the court shall make a written finding of the age of the offender at the time of the offense.

For each violation of a qualifying offense listed in this subsection, except for a violation of s. 794.011, the court shall make a written finding of the age of the victim at the time of the offense. For a violation of s. 800.04(4), the court shall also make a written finding indicating whether the offense involved sexual activity and indicating whether the offense involved force or coercion. For a violation of s. 800.04(5), the court shall also make a written finding that the offense did or did not involve unclothed genitals or genital area and that the offense did or did not involve the use of force or coercion.

(i) “Vehicles owned” has the same meaning as provided in s. 775.21.
(2) Upon initial registration, a sexual offender shall:
(a) Report in person at the sheriff’s office:
1. In the county in which the offender establishes or maintains a permanent, temporary, or transient residence within 48 hours after:
a. Establishing permanent, temporary, or transient residence in this state; or
b. Being released from the custody, control, or supervision of the Department of Corrections or from the custody of a private correctional facility; or
2. In the county where he or she was convicted within 48 hours after being convicted for a qualifying offense for registration under this section if the offender is not in the custody or control of, or under the supervision of, the Department of Corrections, or is not in the custody of a private correctional facility.

Any change in the information required to be provided pursuant to paragraph (b), including, but not limited to, any change in the sexual offender’s permanent, temporary, or transient residence; name; electronic mail addresses; Internet identifiers and each Internet identifier’s corresponding website homepage or application software name; home telephone numbers and cellular telephone numbers; employment information; and any change in status at an institution of higher education after the sexual offender reports in person at the sheriff’s office must be reported in the manner provided in subsections (4), (7), and (8).

(b) Provide his or her name; date of birth; social security number; race; sex; height; weight; hair and eye color; tattoos or other identifying marks; fingerprints; palm prints; photograph; employment information; address of permanent or legal residence or address of any current temporary residence, within the state or out of state, including a rural route address and a post office box; if no permanent or temporary address, any transient residence within the state, address, location or description, and dates of any current or known future temporary residence within the state or out of state; the make, model, color, vehicle identification number (VIN), and license tag number of all vehicles owned; home telephone numbers and cellular telephone numbers; electronic mail addresses; Internet identifiers and each Internet identifier’s corresponding website homepage or application software name; date and place of each conviction; and a brief description of the crime or crimes committed by the offender. A post office box may not be provided in lieu of a physical residential address. The sexual offender shall also produce his or her passport, if he or she has a passport, and, if he or she is an alien, shall produce or provide information about documents establishing his or her immigration status. The sexual offender shall also provide information about any professional licenses he or she has.
1. If the sexual offender’s place of residence is a motor vehicle, trailer, mobile home, or manufactured home, as defined in chapter 320, the sexual offender shall also provide to the department through the sheriff’s office written notice of the vehicle identification number; the license tag number; the registration number; and a description, including color scheme, of the motor vehicle, trailer, mobile home, or manufactured home. If the sexual offender’s place of residence is a vessel, live-aboard vessel, or houseboat, as defined in chapter 327, the sexual offender shall also provide to the department written notice of the hull identification number; the manufacturer’s serial number; the name of the vessel, live-aboard vessel, or houseboat; the registration number; and a description, including color scheme, of the vessel, live-aboard vessel, or houseboat.
2. If the sexual offender is enrolled or employed, whether for compensation or as a volunteer, at an institution of higher education in this state, the sexual offender shall also provide to the department the name, address, and county of each institution, including each campus attended, and the sexual offender’s enrollment, volunteer, or employment status. The sheriff, the Department of Corrections, or the Department of Juvenile Justice shall promptly notify each institution of higher education of the sexual offender’s presence and any change in the sexual offender’s enrollment, volunteer, or employment status.
3. A sexual offender shall report in person to the sheriff’s office within 48 hours after any change in vehicles owned to report those vehicle information changes.
(c) Provide any other information determined necessary by the department, including criminal and corrections records; nonprivileged personnel and treatment records; and evidentiary genetic markers, when available.

When a sexual offender reports at the sheriff’s office, the sheriff shall take a photograph, a set of fingerprints, and palm prints of the offender and forward the photographs, palm prints, and fingerprints to the department, along with the information provided by the sexual offender. The sheriff shall promptly provide to the department the information received from the sexual offender.

(3) Within 48 hours after the report required under subsection (2), a sexual offender shall report in person at a driver license office of the Department of Highway Safety and Motor Vehicles, unless a driver license or identification card that complies with the requirements of s. 322.141(3) was previously secured or updated under s. 944.607. At the driver license office the sexual offender shall:
(a) If otherwise qualified, secure a Florida driver license, renew a Florida driver license, or secure an identification card. The sexual offender shall identify himself or herself as a sexual offender who is required to comply with this section and shall provide proof that the sexual offender reported as required in subsection (2). The sexual offender shall provide any of the information specified in subsection (2), if requested. The sexual offender shall submit to the taking of a photograph for use in issuing a driver license, renewed license, or identification card, and for use by the department in maintaining current records of sexual offenders.
(b) Pay the costs assessed by the Department of Highway Safety and Motor Vehicles for issuing or renewing a driver license or identification card as required by this section. The driver license or identification card issued must be in compliance with s. 322.141(3).
(c) Provide, upon request, any additional information necessary to confirm the identity of the sexual offender, including a set of fingerprints.
(4)(a) Each time a sexual offender’s driver license or identification card is subject to renewal, and, without regard to the status of the offender’s driver license or identification card, within 48 hours after any change in the offender’s permanent, temporary, or transient residence or change in the offender’s name by reason of marriage or other legal process, the offender shall report in person to a driver license office, and is subject to the requirements specified in subsection (3). The Department of Highway Safety and Motor Vehicles shall forward to the department all photographs and information provided by sexual offenders. Notwithstanding the restrictions set forth in s. 322.142, the Department of Highway Safety and Motor Vehicles may release a reproduction of a color-photograph or digital-image license to the Department of Law Enforcement for purposes of public notification of sexual offenders as provided in this section and ss. 943.043 and 944.606. A sexual offender who is unable to secure or update a driver license or an identification card with the Department of Highway Safety and Motor Vehicles as provided in subsection (3) and this subsection shall also report any change in the sexual offender’s permanent, temporary, or transient residence or change in the offender’s name by reason of marriage or other legal process within 48 hours after the change to the sheriff’s office in the county where the offender resides or is located and provide confirmation that he or she reported such information to the Department of Highway Safety and Motor Vehicles. The reporting requirements under this paragraph do not negate the requirement for a sexual offender to obtain a Florida driver license or an identification card as required in this section.
(b)1. A sexual offender who vacates a permanent, temporary, or transient residence and fails to establish or maintain another permanent, temporary, or transient residence shall, within 48 hours after vacating the permanent, temporary, or transient residence, report in person to the sheriff’s office of the county in which he or she is located. The sexual offender shall specify the date upon which he or she intends to or did vacate such residence. The sexual offender must provide or update all of the registration information required under paragraph (2)(b). The sexual offender must provide an address for the residence or other place that he or she is or will be located during the time in which he or she fails to establish or maintain a permanent or temporary residence.
2. A sexual offender shall report in person at the sheriff’s office in the county in which he or she is located within 48 hours after establishing a transient residence and thereafter must report in person every 30 days to the sheriff’s office in the county in which he or she is located while maintaining a transient residence. The sexual offender must provide the addresses and locations where he or she maintains a transient residence. Each sheriff’s office shall establish procedures for reporting transient residence information and provide notice to transient registrants to report transient residence information as required in this subparagraph. Reporting to the sheriff’s office as required by this subparagraph does not exempt registrants from any reregistration requirement. The sheriff may coordinate and enter into agreements with police departments and other governmental entities to facilitate additional reporting sites for transient residence registration required in this subparagraph. The sheriff’s office shall, within 2 business days, electronically submit and update all information provided by the sexual offender to the department.
(c) A sexual offender who remains at a permanent, temporary, or transient residence after reporting his or her intent to vacate such residence shall, within 48 hours after the date upon which the offender indicated he or she would or did vacate such residence, report in person to the agency to which he or she reported pursuant to paragraph (b) for the purpose of reporting his or her address at such residence. When the sheriff receives the report, the sheriff shall promptly convey the information to the department. An offender who makes a report as required under paragraph (b) but fails to make a report as required under this paragraph commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(d) The failure of a sexual offender who maintains a transient residence to report in person to the sheriff’s office every 30 days as required in subparagraph (b)2. is punishable as provided in subsection (9).
(e)1. A sexual offender shall register all electronic mail addresses and Internet identifiers, and each Internet identifier’s corresponding website homepage or application software name, with the department through the department’s online system or in person at the sheriff’s office within 48 hours after using such electronic mail addresses and Internet identifiers. If the sexual offender is in the custody or control, or under the supervision, of the Department of Corrections, he or she must report all electronic mail addresses and Internet identifiers, and each Internet identifier’s corresponding website homepage or application software name, to the Department of Corrections before using such electronic mail addresses or Internet identifiers. If the sexual offender is in the custody or control, or under the supervision, of the Department of Juvenile Justice, he or she must report all electronic mail addresses and Internet identifiers, and each Internet identifier’s corresponding website homepage or application software name, to the Department of Juvenile Justice before using such electronic mail addresses or Internet identifiers.
2. A sexual offender shall register all changes to home telephone numbers and cellular telephone numbers, including added and deleted numbers, all changes to employment information, and all changes in status related to enrollment, volunteering, or employment at institutions of higher education, through the department’s online system; in person at the sheriff’s office; in person at the Department of Corrections if the sexual offender is in the custody or control, or under the supervision, of the Department of Corrections; or in person at the Department of Juvenile Justice if the sexual offender is in the custody or control, or under the supervision, of the Department of Juvenile Justice. All changes required to be reported under this subparagraph must be reported within 48 hours after the change.
3. The department shall establish an online system through which sexual offenders may securely access, submit, and update all changes in status to electronic mail addresses; Internet identifiers and each Internet identifier’s corresponding website homepage or application software name; home telephone numbers and cellular telephone numbers; employment information; and institution of higher education information.
(5) This section does not apply to a sexual offender who is also a sexual predator, as defined in s. 775.21. A sexual predator must register as required under s. 775.21.
(6) County and local law enforcement agencies, in conjunction with the department, shall verify the addresses of sexual offenders who are not under the care, custody, control, or supervision of the Department of Corrections, and may verify the addresses of sexual offenders who are under the care, custody, control, or supervision of the Department of Corrections, in a manner that is consistent with the provisions of the federal Adam Walsh Child Protection and Safety Act of 2006 and any other federal standards applicable to such verification or required to be met as a condition for the receipt of federal funds by the state. Local law enforcement agencies shall report to the department any failure by a sexual offender to comply with registration requirements.
(7) A sexual offender who intends to establish a permanent, temporary, or transient residence in another state or jurisdiction other than the State of Florida shall report in person to the sheriff of the county of current residence within 48 hours before the date he or she intends to leave this state to establish residence in another state or jurisdiction or at least 21 days before the date he or she intends to travel if the intended residence of 5 days or more is outside of the United States. Any travel that is not known by the sexual offender 21 days before the departure date must be reported in person to the sheriff’s office as soon as possible before departure. The sexual offender shall provide to the sheriff the address, municipality, county, state, and country of intended residence. For international travel, the sexual offender shall also provide travel information, including, but not limited to, expected departure and return dates, flight number, airport of departure, cruise port of departure, or any other means of intended travel. The sheriff shall promptly provide to the department the information received from the sexual offender. The department shall notify the statewide law enforcement agency, or a comparable agency, in the intended state, jurisdiction, or country of residence of the sexual offender’s intended residence. The failure of a sexual offender to provide his or her intended place of residence is punishable as provided in subsection (9).
(8) A sexual offender who indicates his or her intent to establish a permanent, temporary, or transient residence in another state, a jurisdiction other than the State of Florida, or another country and later decides to remain in this state shall, within 48 hours after the date upon which the sexual offender indicated he or she would leave this state, report in person to the sheriff to which the sexual offender reported the intended change of permanent, temporary, or transient residence, and report his or her intent to remain in this state. The sheriff shall promptly report this information to the department. A sexual offender who reports his or her intent to establish a permanent, temporary, or transient residence in another state, a jurisdiction other than the State of Florida, or another country but who remains in this state without reporting to the sheriff in the manner required by this subsection commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(9)(a) A sexual offender who does not comply with the requirements of this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(b) For a felony violation of this section, excluding subsection (13), committed on or after July 1, 2018, if the court does not impose a prison sentence, the court shall impose a mandatory minimum term of community control, as defined in s. 948.001, as follows:
1. For a first offense, a mandatory minimum term of 6 months with electronic monitoring.
2. For a second offense, a mandatory minimum term of 1 year with electronic monitoring.
3. For a third or subsequent offense, a mandatory minimum term of 2 years with electronic monitoring.
(c) A sexual offender who commits any act or omission in violation of this section may be prosecuted for the act or omission in the county in which the act or omission was committed, in the county of the last registered address of the sexual offender, in the county in which the conviction occurred for the offense or offenses that meet the criteria for designating a person as a sexual offender, in the county where the sexual offender was released from incarceration, or in the county of the intended address of the sexual offender as reported by the offender prior to his or her release from incarceration.
(d) An arrest on charges of failure to register when the offender has been provided and advised of his or her statutory obligations to register under subsection (2), the service of an information or a complaint for a violation of this section, or an arraignment on charges for a violation of this section constitutes actual notice of the duty to register. A sexual offender’s failure to immediately register as required by this section following such arrest, service, or arraignment constitutes grounds for a subsequent charge of failure to register. A sexual offender charged with the crime of failure to register who asserts, or intends to assert, a lack of notice of the duty to register as a defense to a charge of failure to register shall immediately register as required by this section. A sexual offender who is charged with a subsequent failure to register may not assert the defense of a lack of notice of the duty to register. Registration following such arrest, service, or arraignment is not a defense and does not relieve the sexual offender of criminal liability for the failure to register.
(10) The department, the Department of Highway Safety and Motor Vehicles, the Department of Corrections, the Department of Juvenile Justice, any law enforcement agency in this state, and the personnel of those departments; an elected or appointed official, public employee, or school administrator; or an employee, agency, or any individual or entity acting at the request or upon the direction of any law enforcement agency is immune from civil liability for damages for good faith compliance with the requirements of this section or for the release of information under this section, and shall be presumed to have acted in good faith in compiling, recording, reporting, or releasing the information. The presumption of good faith is not overcome if a technical or clerical error is made by the department, the Department of Highway Safety and Motor Vehicles, the Department of Corrections, the Department of Juvenile Justice, the personnel of those departments, or any individual or entity acting at the request or upon the direction of any of those departments in compiling or providing information, or if information is incomplete or incorrect because a sexual offender fails to report or falsely reports his or her current place of permanent, temporary, or transient residence.
(11) Except as provided in s. 943.04354, a sexual offender shall maintain registration with the department for the duration of his or her life unless the sexual offender has received a full pardon or has had a conviction set aside in a postconviction proceeding for any offense that meets the criteria for classifying the person as a sexual offender for purposes of registration. However, a sexual offender shall be considered for removal of the requirement to register as a sexual offender only if the person:
(a)1. Has been lawfully released from confinement, supervision, or sanction, whichever is later, for at least 25 years and has not been arrested for any felony or misdemeanor offense since release, provided that the sexual offender’s requirement to register was not based upon an adult conviction:
a. For a violation of s. 787.01 or s. 787.02;
b. For a violation of s. 794.011, excluding s. 794.011(10);
c. For a violation of s. 800.04(4)(a)2. where the court finds the offense involved a victim under 12 years of age or sexual activity by the use of force or coercion;
d. For a violation of s. 800.04(5)(b);
e. For a violation of s. 800.04(5)(c)2. where the court finds the offense involved the use of force or coercion and unclothed genitals or genital area;
f. For a violation of s. 825.1025(2)(a);
g. For any attempt or conspiracy to commit any such offense;
h. For a violation of similar law of another jurisdiction; or
i. For a violation of a similar offense committed in this state which has been redesignated from a former statute number to one of those listed in this subparagraph.
2. If the sexual offender meets the criteria in subparagraph 1., the sexual offender may, for the purpose of removing the requirement for registration as a sexual offender, petition the criminal division of the circuit court of the circuit:
a. Where the conviction or adjudication occurred, for a conviction in this state;
b. Where the sexual offender resides, for a conviction of a violation of similar law of another jurisdiction; or
c. Where the sexual offender last resided, for a sexual offender with a conviction of a violation of similar law of another jurisdiction who no longer resides in this state.
3. The court may grant or deny relief if the offender demonstrates to the court that he or she has not been arrested for any crime since release; the requested relief complies with the federal Adam Walsh Child Protection and Safety Act of 2006 and any other federal standards applicable to the removal of registration requirements for a sexual offender or required to be met as a condition for the receipt of federal funds by the state; and the court is otherwise satisfied that the offender is not a current or potential threat to public safety. The state attorney in the circuit in which the petition is filed must be given notice of the petition at least 3 weeks before the hearing on the matter. The state attorney may present evidence in opposition to the requested relief or may otherwise demonstrate the reasons why the petition should be denied. If the court denies the petition, the court may set a future date at which the sexual offender may again petition the court for relief, subject to the standards for relief provided in this subsection.
4. The department shall remove an offender from classification as a sexual offender for purposes of registration if the offender provides to the department a certified copy of the court’s written findings or order that indicates that the offender is no longer required to comply with the requirements for registration as a sexual offender.
(b) As defined in sub-subparagraph (1)(h)1.b. must maintain registration with the department for the duration of his or her life until the person provides the department with an order issued by the court that designated the person as a sexual predator, as a sexually violent predator, or by another sexual offender designation in the state or jurisdiction in which the order was issued which states that such designation has been removed or demonstrates to the department that such designation, if not imposed by a court, has been removed by operation of law or court order in the state or jurisdiction in which the designation was made, and provided such person no longer meets the criteria for registration as a sexual offender under the laws of this state.
(12) The Legislature finds that sexual offenders, especially those who have committed offenses against minors, often pose a high risk of engaging in sexual offenses even after being released from incarceration or commitment and that protection of the public from sexual offenders is a paramount government interest. Sexual offenders have a reduced expectation of privacy because of the public’s interest in public safety and in the effective operation of government. Releasing information concerning sexual offenders to law enforcement agencies and to persons who request such information, and the release of such information to the public by a law enforcement agency or public agency, will further the governmental interests of public safety. The designation of a person as a sexual offender is not a sentence or a punishment but is simply the status of the offender which is the result of a conviction for having committed certain crimes.
(13) Any person who has reason to believe that a sexual offender is not complying, or has not complied, with the requirements of this section and who, with the intent to assist the sexual offender in eluding a law enforcement agency that is seeking to find the sexual offender to question the sexual offender about, or to arrest the sexual offender for, his or her noncompliance with the requirements of this section:
(a) Withholds information from, or does not notify, the law enforcement agency about the sexual offender’s noncompliance with the requirements of this section, and, if known, the whereabouts of the sexual offender;
(b) Harbors, or attempts to harbor, or assists another person in harboring or attempting to harbor, the sexual offender; or
(c) Conceals or attempts to conceal, or assists another person in concealing or attempting to conceal, the sexual offender; or
(d) Provides information to the law enforcement agency regarding the sexual offender that the person knows to be false information,

commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(14)(a) A sexual offender must report in person each year during the month of the sexual offender’s birthday and during the sixth month following the sexual offender’s birth month to the sheriff’s office in the county in which he or she resides or is otherwise located to reregister.
(b) However, a sexual offender who is required to register as a result of a conviction for:
1. Section 787.01 or s. 787.02 where the victim is a minor;
2. Section 794.011, excluding s. 794.011(10);
3. Section 800.04(4)(a)2. where the court finds the offense involved a victim under 12 years of age or sexual activity by the use of force or coercion;
4. Section 800.04(5)(b);
5. Section 800.04(5)(c)1. where the court finds molestation involving unclothed genitals or genital area;
6. Section 800.04(5)(c)2. where the court finds molestation involving the use of force or coercion and unclothed genitals or genital area;
7. Section 800.04(5)(d) where the court finds the use of force or coercion and unclothed genitals or genital area;
8. Section 825.1025(2)(a);
9. Any attempt or conspiracy to commit such offense;
10. A violation of a similar law of another jurisdiction; or
11. A violation of a similar offense committed in this state which has been redesignated from a former statute number to one of those listed in this paragraph,

must reregister each year during the month of the sexual offender’s birthday and every third month thereafter.

(c) The sheriff’s office may determine the appropriate times and days for reporting by the sexual offender, which must be consistent with the reporting requirements of this subsection. Reregistration must include any changes to the following information:
1. Name; social security number; age; race; sex; date of birth; height; weight; tattoos or other identifying marks; hair and eye color; address of any permanent residence and address of any current temporary residence, within the state or out of state, including a rural route address and a post office box; if no permanent or temporary address, any transient residence within the state; address, location or description, and dates of any current or known future temporary residence within the state or out of state; all electronic mail addresses or Internet identifiers and each Internet identifier’s corresponding website homepage or application software name; all home telephone numbers and cellular telephone numbers; employment information; the make, model, color, vehicle identification number (VIN), and license tag number of all vehicles owned; fingerprints; palm prints; and photograph. A post office box may not be provided in lieu of a physical residential address. The sexual offender shall also produce his or her passport, if he or she has a passport, and, if he or she is an alien, shall produce or provide information about documents establishing his or her immigration status. The sexual offender shall also provide information about any professional licenses he or she has.
2. If the sexual offender is enrolled or employed, whether for compensation or as a volunteer, at an institution of higher education in this state, the sexual offender shall also provide to the department the name, address, and county of each institution, including each campus attended, and the sexual offender’s enrollment, volunteer, or employment status.
3. If the sexual offender’s place of residence is a motor vehicle, trailer, mobile home, or manufactured home, as defined in chapter 320, the sexual offender shall also provide the vehicle identification number; the license tag number; the registration number; and a description, including color scheme, of the motor vehicle, trailer, mobile home, or manufactured home. If the sexual offender’s place of residence is a vessel, live-aboard vessel, or houseboat, as defined in chapter 327, the sexual offender shall also provide the hull identification number; the manufacturer’s serial number; the name of the vessel, live-aboard vessel, or houseboat; the registration number; and a description, including color scheme, of the vessel, live-aboard vessel, or houseboat.
4. Any sexual offender who fails to report in person as required at the sheriff’s office, who fails to respond to any address verification correspondence from the department within 3 weeks of the date of the correspondence, who fails to report all electronic mail addresses and all Internet identifiers, and each Internet identifier’s corresponding website homepage or application software name, or who knowingly provides false registration information by act or omission commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(d) The sheriff’s office shall, within 2 working days, electronically submit and update all information provided by the sexual offender to the department in a manner prescribed by the department.
History.s. 8, ch. 97-299; s. 7, ch. 98-81; s. 114, ch. 99-3; s. 3, ch. 2000-207; s. 3, ch. 2000-246; s. 3, ch. 2002-58; s. 2, ch. 2004-371; s. 9, ch. 2005-28; s. 3, ch. 2006-200; s. 4, ch. 2006-299; s. 159, ch. 2007-5; s. 10, ch. 2007-143; s. 4, ch. 2007-207; s. 2, ch. 2007-209; s. 3, ch. 2009-194; s. 4, ch. 2010-92; s. 4, ch. 2012-19; s. 11, ch. 2012-97; s. 11, ch. 2013-116; s. 10, ch. 2014-4; s. 5, ch. 2014-5; s. 26, ch. 2014-160; s. 99, ch. 2015-2; ss. 10, 51, ch. 2016-24; s. 3, ch. 2016-104; s. 2, ch. 2017-170; s. 2, ch. 2018-105; s. 2, ch. 2021-156; s. 8, ch. 2021-189.
1Note.Section 1, ch. 2021-156, provides that:

“The Legislature finds that the opinion in State v. James, 298 So. 3d 90 (Fla. 2d DCA 2020), is contrary to legislative intent and that a person’s failure to pay a fine does not relieve him or her of the requirement to register as a sexual offender pursuant to s. 943.0435, Florida Statutes. The Legislature intends that a person must register as a sexual offender pursuant to s. 943.0435, Florida Statutes, when he or she has been convicted of a qualifying offense and, on or after October 1, 1997, has:

“(1) No sanction imposed upon conviction; or

“(2) Been released from a sanction imposed upon conviction.”

F.S. 943.0435 on Google Scholar

F.S. 943.0435 on Casetext

Amendments to 943.0435


Arrestable Offenses / Crimes under Fla. Stat. 943.0435
Level: Degree
Misdemeanor/Felony: First/Second/Third

S943.0435 - SEX OFFENDER REGISTRATION - - N: N
S943.0435 2 - SEX OFFENDER VIOLATION - FAILURE TO REGISTER REPORT PROVIDE INFO - F: T
S943.0435 2a1 - SEX OFFENDER VIOLATION - FAIL TO REPORT AT COUNTY OF RESIDENCE - F: T
S943.0435 2a2 - SEX OFFENDER VIOLATION - FAIL TO REPORT AT COUNTY OF CONVICTION - F: T
S943.0435 2b - SEX OFFENDER VIOLATION - FAIL TO PROVIDE PERSONAL INFO AS REQUIRED - F: T
S943.0435 2b - SEX OFFENDER VIOLATION - FAIL REPORT INTERNET ID WEB PAGE OR APP NAME - F: T
S943.0435 2b1 - SEX OFFENDER VIOLATION - FAIL TO PROV VEH TRAILER MOBILE MANUFACT INFO - F: T
S943.0435 2b2 - SEX OFFENDER VIOLATION - FAIL PROVIDE INFO FOR HIGHER EDUCATION - F: T
S943.0435 2b3 - SEX OFFENDER VIOLATION - FAIL REPORT CHANGE VEHICLE OWNERSHIP - F: T
S943.0435 2c - SEX OFFENDER VIOLATION - FAIL PROVIDE OTHER INFO AS REQUIRED - F: T
S943.0435 3 - SEX OFFENDER VIOLATION - FAIL TO REPORT TO DRIVER LICENSE OFFICE - F: T
S943.0435 4a - SEX OFFENDER VIOLATION - FAIL REPORT DRIVER LIC OFFICE CHANGE NAME - F: T
S943.0435 4a - SEX OFFENDER VIOLATION - FAIL REPORT DRIVER LIC OFFICE CHANGE ADDRESS - F: T
S943.0435 4a - SEX OFFENDER VIOLATION - RENUMBERED. SEE REC# 9320 - F: T
S943.0435 4b - SEX OFFENDER VIOLATION - RENUMBERED. SEE REC # 9322 - F: T
S943.0435 4b - SEX OFFENDER VIOLATION - RENUMBERED. SEE REC # 9323 - F: T
S943.0435 4b1 - SEX OFFENDER VIOLATION - FAIL TO REPORT AFTER VACATING RESIDENCE - F: T
S943.0435 4b2 - SEX OFFENDER VIOLATION - FAIL REPORT ESTABLISH TRANSIENT RESIDENCE - F: T
S943.0435 4b2 - SEX OFFENDER VIOLATION - TRANSIENT RESIDENT FAIL REPORT EVERY 30 DAYS - F: T
S943.0435 4c - SEX OFFENDER VIOLATION - FAIL WITHDRAW VACATE RESIDENCE NOTICE - F: S
S943.0435 4e1 - SEX OFFENDER VIOLATION - FAIL TO REG EMAIL ADDRESS INTERNET IDENTIFIERS - F: T
S943.0435 4e2 - SEX OFFENDER VIOLATION - FAIL TO REG CHANGES TO CELL/TELEPHONE NUMBER - F: T
S943.0435 4e2 - SEX OFFENDER VIOLATION - FAIL TO REPORT CHANGES TO EMPLOYMENT INFO - F: T
S943.0435 4e2 - SEX OFFENDER VIOLATION - FAIL REPORT CHANGE STATUS RELATED TO HIGHER ED - F: T
S943.0435 7 - FAIL TO REG AS SEX OFFENDER - FAIL RPT INTENT ESTABLISH RESIDENCE OUT STATE - F: T
S943.0435 7 - FAIL TO REG AS SEX OFFENDER - FAIL RPT INTENT ESTABLISH RESIDE OUT COUNTRY - F: T
S943.0435 8 - SEX OFFENDER VIOLATION - FAIL REPORT INTENT MAINTAIN RESIDENCE IN STATE - F: S
S943.0435 9 - FAIL TO REG AS SEX OFFENDER - DUPLICATE - F: T
S943.0435 9a - SEX OFFENDER VIOLATION - REMOVED - F: T
S943.0435 13a - SEX OFFENDER VIOLATION - WH INFO FAIL NOTIFY LE OF SEX OFF NONCOMPLY - F: T
S943.0435 13b - SEX OFFENDER VIOLATION - HARBOR ATT HARBOR ASSIST HARBORING SEX OFF - F: T
S943.0435 13c - SEX OFFENDER VIOLATION - CONCEAL ATT CONCEAL ASSIST CONCEALING SEX OFF - F: T
S943.0435 13d - SEX OFFENDER VIOLATION - PROVIDE FALSE INFO TO LE ABOUT SEX OFF - F: T
S943.0435 14a - SEX OFFENDER VIOLATION - FAIL TO RE-REGISTER EVERY 6 MONTHS - F: T
S943.0435 14a - SEX OFFENDER VIOLATION - RENUMBERED. SEE REC# 6304 - F: T
S943.0435 14a4 - SEX OFFENDER VIOLATION - RENUMBERED. SEE REC# 6303 - F: T
S943.0435 14a4 - SEX OFFENDER VIOLATION - RENUMBERED. SEE REC# 6304 - F: T
S943.0435 14a4 - SEX OFFENDER VIOLATION - RENUMBERED. SEE REC# 6956 - F: T
S943.0435 14b - SEX OFFENDER VIOLATION - FAIL TO RE-REGISTER EVERY 3 MONTHS - F: T
S943.0435 14b - SEX OFFENDER VIOLATION - RENUMBERED. SEE REC # 6959 - F: T
S943.0435 14c1 - SEX OFFENDER VIOLATION - FAIL TO PROVIDE RE-REGISTRATION INFO - F: T
S943.0435 14c4 - SEX OFFENDER VIOLATION - FAIL TO RESPOND ADDRESS VERIFICATION LETTER - F: T
S943.0435 14c4 - SEX OFFENDER VIOLATION - FAIL TO REGISTER AS REQUIRED - F: T
S943.0435 14c4 - SEX OFFENDER VIOLATION - RENUMBERED. SEE REC # 9325 - F: T
S943.0435 14c4 - SEX OFFENDER VIOLATION - RENUMBERED. SEE REC # 9329 - F: T
S943.0435 14c4 - SEX OFFENDER VIOLATION - RENUMBERED. SEE REC # 9326 - F: T
S943.0435 14c4 - SEX OFFENDER VIOLATION - RENUMBERED. SEE REC # 9327 - F: T
S943.0435 14c4 - SEX OFFENDER VIOLATION - RENUMBERED. SEE REC # 9328 - F: T
S943.0435 14c4 - SEX OFFENDER VIOLATION - RENUMBERED. SEE REC # 9314 - F: T
S943.0435 14c4 - SEX OFFENDER VIOLATION - PROVIDE FALSE REGISTRATION INFO - F: T



Annotations, Discussions, Cases:

Cases from cite.case.law:

K. MCKENZIE, v. STATE, 272 So. 3d 808 (Fla. App. Ct. 2019)

. . . designated as sex offenders are required to comply with the registration requirements set forth in section 943.0435 . . .

STATE v. PHILLIPS, Sr., 266 So. 3d 873 (Fla. App. Ct. 2019)

. . . revealed two online identifiers that Appellee had allegedly failed to report in violation of section 943.0435 . . .

D. S. a v. STATE, 267 So. 3d 414 (Fla. App. Ct. 2019)

. . . .] § 943.0435(1)(a)1.d.(III), Fla. Stat. (2014). . . . or genital area"; and whether the offense "did or did not involve the use of force or coercion." § 943.0435 . . . The statute states that the "the court shall make a written finding" about the listed items. § 943.0435 . . . Section 943.0435(1)(a)2. requires that the court make certain findings. . . .

DOE v. T. MARSHALL,, 367 F. Supp. 3d 1310 (M.D. Ala. 2019)

. . . Florida divides offenders into categories: most have a code ("943.0435, F.S.") on their ID, while a " . . . (Florida Statute § 943.0435 requires sex offenders to register with the state.) . . .

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 260 So. 3d 1024 (Fla. 2018)

. . . instruction was adopted in 2013 [131 So.3d 720] and amended in 2018. 11.14(h) SEXUAL OFFENDER DEFINITIONS § 943.0435 . . . "Sexual offender" means a person who (Insert the appropriate criteria specified by § 943.0435(1)), Fla . . . (Note to Judge: For juvenile, military, federal and out of state convictions see § 943.0435(1), Fla. . . .

DUNCAN, v. STATE, 259 So. 3d 926 (Fla. App. Ct. 2018)

. . . Identification Card within forty-eight hours of registering with the Sheriff's Office in violation of section 943.0435 . . .

IN RE AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE- REGULAR- CYCLE REPORT., 265 So. 3d 494 (Fla. 2018)

. . . Sexual Offender The defendant meets the criteria for a sexual offender as set forth in section 943.0435 . . .

DELGADO v. L. SWEARINGEN, 375 F. Supp. 3d 1251 (N.D. Fla. 2018)

. . . . § 943.0435(4)(e) 1. . . . Id. § 775.21(2)(j) (incorporated into § 943.0435 by § 943.0435(1)(e) ). . . . Id. § 775.21(2)(m) (incorporated into § 943.0435 by § 943.0435(1)(e) ). . . . by § 943.0435(1)(e) ). . . . Id. § 775.21(2)(m) (incorporated into § 943.0435 by § 943.0435(1)(e) ). . . .

TAPLIN, v. STATE, 254 So. 3d 1137 (Fla. App. Ct. 2018)

. . . Taplin pled guilty to failure to register as a sexual offender as required by section 943.0435(7), Florida . . .

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 249 So. 3d 554 (Fla. 2018)

. . . Stat. or § 943.0435(4)(e)2., Fla. Stat. . . . Give 1c or 1d as applicable if § 943.0435(14)(b), Fla. . . . Comments This instruction covers some of the ways a defendant can violate § 943.0435(14), Fla. . . . "Sexual offender" means a person who (Insert the appropriate criteria specified by § 943.0435(1)), Fla . . . (Note to Judge: For juvenile, military, federal and out of state convictions see § 943.0435(1), Fla. . . .

WROMAS, Jr. v. STATE, 239 So. 3d 748 (Fla. App. Ct. 2018)

. . . Section 943.0435, Florida Statutes (2000), requires that all offenders convicted of committing certain . . .

IN RE AMENDMENTS TO THE FLORIDA SUPREME COURT APPROVED FAMILY LAW FORMS- NOMENCLATURE, 235 So. 3d 357 (Fla. 2018)

. . . as a sexual predator under section 775.21, Florida Statutes, or as a sexual offender under section 943.0435 . . . as a sexual predator under section 775.21, Florida Statutes, or as a sexual offender under section 943.0435 . . . as a sexual predator under section 775.21, Florida Statutes, or as a sexual offender under section 943.0435 . . .

CLAY, v. STATE, 226 So. 3d 346 (Fla. Dist. Ct. App. 2017)

. . . See § 943.0435(l)(h)l.a.(I)-(II), Fla. Stat. (2015); see also Fla. Std. Jury Inst. . . .

CROSBY, v. STATE, 222 So. 3d 629 (Fla. Dist. Ct. App. 2017)

. . . address within forty-eight hours, between July 1, 2014, and January 21, 2015, in violation of section 943.0435 . . . It emphasized that section 943.0435(9)(c), Florida Statutes (2013), provides that “[a] sexual offender . . .

BROWN, v. STATE, 221 So. 3d 731 (Fla. Dist. Ct. App. 2017)

. . . that he used the phone frequently enough to be required-to register that phone’s number under section 943.0435 . . . Section 943.0435(2)(b) requires the offender to register in the county in which he was convicted within . . . changes to home telephone numbers and cellular telephone numbers, including added and deleted numbers.” § 943.0435 . . . State did not show that he used the phone frequently enough to be required to register it under section 943.0435 . . . probation by intentionally failing to register the cellular telephone’s number in violation of section 943.0435 . . .

UNITED STATES v. BISHOP,, 683 F. App'x 899 (11th Cir. 2017)

. . . believe that Bishop has willfully failed to register this unknown email account in violation of [§ ] 943.0435 . . .

DOE v. MIAMI- DADE COUNTY, FLORIDA, 846 F.3d 1180 (11th Cir. 2017)

. . . sécondary (high) school. (10) “Sexual offender” shall have the meaning ascribed to such term in Section 943.0435 . . . Stat. § 943.0435). . . .

GOSLING, v. STATE, 205 So. 3d 860 (Fla. Dist. Ct. App. 2016)

. . . regard to whether the person otherwise meets the criteria for registration as a sexual offender. § 943.0435 . . . October 1, 1997,” and therefore the evidence was insufficient to support a conviction under section 943.0435 . . . Both crimes require proof of an underlying crime, compare section 943.0435(l)(a)l.a., Florida Statutes . . . In order to prove that the defendant was a “sexual offender” under section 943.0435(l)(a)l.a, the State . . . The State simply failed to prove the defendant was a sexual offender under section 943.0435(l)(a)l.a. . . .

VEGA, v. STATE, 208 So. 3d 215 (Fla. Dist. Ct. App. 2016)

. . . Partlow, 840 So.2d 1040 (Fla.2003); § 943.0435(11)(a), Fla. Stat. (2016). . . . not, however, question the wisdom of the registration and reporting requirements imposed by section 943.0435 . . . Stat. (2016), The law (section 943.0435) also requires a twenty-seven year old man, such as Vega, who . . . See § 943.0435(11), Fla. Stat. (2016). . . . . § 943.0435(2)(a)2, Fla. . . . Vega’s four claims seek relief from his obligation to register as a sexual offender under section 943.0435 . . . his plea, the Florida Legislature’s enactment of the sexual offender registration statute, section 943.0435 . . . In its response, the State asserts that registration and reporting as required by section 943.0435 are . . . Wiita claimed that because section 943.0435 was not in effect at the time he entered his plea agreement . . . First, Wiita moved to withdraw his plea only eight months after section 943.0435 became effective. . . .

WROMAS, Jr. v. STATE, 208 So. 3d 218 (Fla. Dist. Ct. App. 2016)

. . . lead to one year of probation, and automatic designation as a sexual offender for life under section 943.0435 . . .

In AMENDMENTS TO FLORIDA SUPREME COURT APPROVED FAMILY LAW FORMS, 200 So. 3d 1229 (Fla. 2016)

. . . ever been required to register as a sexual predator under s. 775.21 or as a sexual offender under s. 943.0435 . . . as a sexual predator under section 775.21, Florida Statutes, or as a sexual offender under section 943.0435 . . . I__have_have not ever been required to register as a sexual offender under section 943.0435, Florida . . . _The minor child_has_has not ever been required to register as a sexual offender under section 943.0435 . . . _The minor child_has_has not ever been required to register as a sexual offender under section 943.0435 . . .

DOE v. MIAMI- DADE COUNTY,, 838 F.3d 1050 (11th Cir. 2016)

. . . secondary (high) school. (1Ó) “Sexual offender” shall have the meaning ascribed to: such term in Section 943.0435 . . . Stat-. § 943.0435). . . .

PETERSON, v. STATE, 198 So. 3d 1064 (Fla. Dist. Ct. App. 2016)

. . . Eric Peterson was convicted of violating section 943.0435(4), Florida Statutes, which requires sex offenders . . . This, the information alleged, was “contrary to Section 943.0435(4),” which provided: (4)(a) [Wjithin . . . residence, report in person to the sheriffs office of the county in which he or she is, located_ § 943.0435 . . . Therefore, section 943.0435(4)(a) obligated him -to report the change to a driver’s license office. . . .

MOSLEY, v. STATE, 194 So. 3d 473 (Fla. Dist. Ct. App. 2016)

. . . of one count of failure to report a change in residency by a sexual offender as required by section 943.0435 . . .

SENGER, v. STATE, 200 So. 3d 137 (Fla. Dist. Ct. App. 2016)

. . . Senger was also designated as a sex offender pursuant to section 943.0435, Florida Statutes (2011). . . . The designation of a defendant as a sex offender is governed by section 943.0435, Florida Statutes (2011 . . . Section 943.0435(1)(a)1 defines a “sexual offender” as, inter alia, a person who: Has been convicted . . . . 847.0135, excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145; or s. 985.701(1).... § 943.0435 . . . The plain language of section 943.0435 requires that the court designate a defendant as a sexual offender . . .

SHAW, v. PATTON,, 823 F.3d 556 (10th Cir. 2016)

. . . . § 943.0435(4)(b)(2) (2015); Haw. Rev. Stat. § 846E-5 (2014); Kan. Stat. . . .

UNITED STATES v. CLARKE,, 822 F.3d 1213 (11th Cir. 2016)

. . . treats probation or community control without an adjudication of guilt as a prior conviction); and § 943.0435 . . .

HUGHBANKS, v. STATE, 190 So. 3d 1122 (Fla. Dist. Ct. App. 2016)

. . . judgment and sentence for failing to properly register as ‘ a sexual offender in violation of section 943.0435 . . . During the plea hearing, Hughbanks’ counsel informed the trial court that section 943.0435 may be unconstitutional . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASE- REPORT NO., 195 So. 3d 1088 (Fla. 2016)

. . . (Failure to Report to Department of Highway Safety and Motor Vehicles) § 943.0435(3), Fla. Stat. . . . Comments § 943.0435(3), Fla. . . . Comments § 943.0435(4)(a), Fla. . . . Comments This instruction covers some of the ways a defendant can violate § 943.0435(14), Fla. . . . (4)(b)2. and § 943.0435(4)(d), Fla. . . .

CLARKE, v. UNITED STATES, 184 So. 3d 1107 (Fla. 2016)

. . . treats probation or community control without an adjudication of guilt as a prior conviction); and § 943.0435 . . .

JENKINS, v. STATE, 189 So. 3d 866 (Fla. Dist. Ct. App. 2015)

. . . In 1997, while Appellant was still on probation, section 943.0435, Florida Statutes, was enacted requiring . . . See § 943.0435, Fla. Stat. (1997); see also State v. . . . Appellant was arrested and charged with failure to reregis-ter as a séx offender pursuant to section 943.0435 . . .

In AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE, 188 So. 3d 764 (Fla. 2015)

. . . Sexual Offender The defendant meets the criteria for a sexual offender as set forth in section 943.0435 . . .

J. BOLTRI, v. STATE, 178 So. 3d 483 (Fla. Dist. Ct. App. 2015)

. . . ) appeals his conviction for failure to properly register as a sex offender in violation of section 943.0435 . . . Section 943.0435(14)(a) reads “[a] sexual offender must report in person each year during the month of . . . Section 943.0435(14)(c), while not listed on the Appellant’s charging documents, describes what reregistration . . . See § 943.0435(14)(c)l.-3., Fla. Stat. (2009). . . .

DOE I, v. CITY OF PALM BAY,, 169 So. 3d 1211 (Fla. Dist. Ct. App. 2015)

. . . Doe is also a registered sex offender pursuant to section 943.0435, Florida Statutes (2005), as a result . . . SEXUAL OFFENDER shall have the same meaning ascribed in Sections, 943.0435, 944.606, and 944.607, Florida . . .

JERSHUN, v. STATE, 169 So. 3d 232 (Fla. Dist. Ct. App. 2015)

. . . Section 943.0435, Florida Statutes (2011), defines a “sexual offender” for purposes of the registration . . . Id. § 943.0435(l)(a)l.a. . . . The State simply failed to prove the defendant was a sexual offender under section 943.0435(l)(a)l.a. . . . Thus, the State failed to prove the defendant was “designated” as a sexual offender under section 943.0435 . . . A “sexual offender” subject to the registration requirements of section 943.0435 is defined in relevant . . .

M. B. a v. STATE, 159 So. 3d 960 (Fla. Dist. Ct. App. 2015)

. . . Section 943.0435(l)(a)l.d., Florida Statutes (2012), sets forth the offenses and conditions under which . . .

FIGUEROA, v. STATE, 155 So. 3d 1221 (Fla. Dist. Ct. App. 2015)

. . . The State charged Jose Figueroa with failing to register as a sexual offender pursuant to section 943.0435 . . . Figueroa was charged with violating section 943.0435(4)(a), which states in pertinent part: (4)(a) Each . . . See § 943.0435(4)(a) (subjecting the offender to requirements of subsection (3) of the statute); § 943.0435 . . . outside Florida; by clear implication, section 943.0435(4)(a) does not. . . . When the crime of'failure to register as a sexual offender is charged under section 943.0435(7), the . . .

BISHOP, v. STATE, 151 So. 3d 1276 (Fla. Dist. Ct. App. 2014)

. . . We note that Bishop's convictions may qualify him as a "sexual offender” under section 943.0435, Florida . . .

WASHINGTON, v. STATE, 151 So. 3d 544 (Fla. Dist. Ct. App. 2014)

. . . failure to report a change in address as required by the sexual offender registration statute, section 943.0435 . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES REPORT NO., 148 So. 3d 1204 (Fla. 2014)

. . . Failure to Comply with Registration of Employment or Enrollment at an Institution of Higher Learning) § 943.0435 . . . (Failure to Report to Department of Highway Safety and Motor Vehicles) § 943.0435(3), Fla. Stat. . . . REGISTRATION REQUIREMENTS (Failure to Report Change of Residence to Another State or Jurisdiction) § 943.0435 . . . WITH REGISTRATION REQUIREMENTS (Failure to Report Intent to Remain within the State or Jurisdiction) § 943.0435 . . . COMPLY WITH REGISTRATION REQUIREMENTS (Failure to Report Twice a Year/Failure to Report Quarterly) § 943.0435 . . .

C. MEGGISON, Sr. v. BAILEY,, 575 F. App'x 865 (11th Cir. 2014)

. . . . § 943.0435. In 2005, the FDLE sent Meggison a letter requiring him to register as a sex offender. . . .

EVELAND, Jr. v. STATE, 161 So. 3d 481 (Fla. Dist. Ct. App. 2014)

. . . , Jr. was charged with one count of failure of a sexual offender to report, in violation of section 943.0435 . . . and that section 943.0435 is unconstitutional as applied to indigent individuals. . . . First, he contends that the evidence established his inability to pay the fee required by section 943.0435 . . . Florida law imposes on convicted sexual offenders ongoing obligations to report and register. § 943.0435 . . . However, this document was legally insufficient to establish compliance with section 943.0435(3). . . .

BISH, v. STATE, 139 So. 3d 451 (Fla. Dist. Ct. App. 2014)

. . . Because Bish was not required to register as a sexual offender under section 943.0435, Florida Statutes . . . the crime and, thus, could not be convicted of failing to register as a sexual offender under section 943.0435 . . . We agree with the First District that only subparagraph d of section 943.0435(1)(a)(1) applies to juvenile . . .

L. FOX, v. STATE, 137 So. 3d 1048 (Fla. Dist. Ct. App. 2014)

. . . charge was based is not a conviction that required him to register as a sexual offender under section 943.0435 . . . Fox is a “sexual offender” under section 943.0435(l)(a)(l)(b), because he “has been designated as a . . . . Fox is required to register as a sexual offender under section 943.0435(l)(a)(l)(b), Florida Statutes . . . required to register as a sex offender in Michigan satisfied the sexual offender element of section 943.0435 . . . Fox is required to register as a sexual offender under section 943.0435(l)(a)(l)(b), he failed to establish . . .

UNITED STATES v. BRIDGES, a k a, 741 F.3d 464 (4th Cir. 2014)

. . . . § 943.0435. . . .

MOSELEY, v. STATE, 129 So. 3d 492 (Fla. Dist. Ct. App. 2014)

. . . See § 943.0435, Fla. Stat. (2009). Although Mr. . . .

STATE v. CARAGOL,, 120 So. 3d 641 (Fla. Dist. Ct. App. 2013)

. . . . § 943.0435, Fla. Stat. (2001). . . .

GOODMAN, v. STATE, 117 So. 3d 32 (Fla. Dist. Ct. App. 2013)

. . . intend to spend the next seven nights is consistent with the applicable sexual offender statute, section 943.0435 . . . and sexual predators) are given to sign when they register: In accordance with Florida State Statutes 943.0435 . . . Likewise, no standard instruction existed for violations of the last sentence of section 943.0435(4)( . . . As to this point, it is true that the plain language of section 943.0435(4)(b) does not specifically . . . Nothing in the last sentence of section 943.0435(4)(b) compels any particular means for compiling and . . .

In AMENDMENTS TO FLORIDA RULES OF JUVENILE PROCEDURE, 115 So. 3d 286 (Fla. 2013)

. . . Registration) is adopted and provides the court with the necessary factual findings required under section 943.0435 . . .

B. LANE, v. FORT WALTON BEACH HOUSING AUTHORITY,, 518 F. App'x 904 (11th Cir. 2013)

. . . . §§ 775.21(6), 943.0435(2)(b). . . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES REPORT NO., 113 So. 3d 754 (Fla. 2013)

. . . These amendments are consistent with the relevant portions of section 943.0435, Florida Statutes (2012 . . . FAILURE TO REGISTER AS A SEXUAL OFFENDER (Failure to Report Twice a Year/Failure to Report Quarterly) § 943.0435 . . . adopted in 2008 [983 So.2d 531] and revised in 2012 and 2013. 11.14(h) SEXUAL OFFENDER DEFINITIONS § 943.0435 . . . “Sexual offender” means a person who (Insert the appropriate criteria specified by § 943.0435(1)). . . .

P. MATOS, v. STATE, 111 So. 3d 964 (Fla. Dist. Ct. App. 2013)

. . . Under section 943.0435, a defendant convicted of violating section 800.04 is automatically designated . . .

MARTINEZ, v. STATE, 111 So. 3d 915 (Fla. Dist. Ct. App. 2013)

. . . See § 943.0435, Fla. Stat. (2008). .See ch. 2007-209, § 3, at 1912-14, Laws of Fla. . . . .

ACEVEDO, v. STATE, 108 So. 3d 719 (Fla. Dist. Ct. App. 2013)

. . . . § 943.0435(l)(a), Fla. Stat. (2012). . . .

BARNES, v. STATE, 108 So. 3d 700 (Fla. Dist. Ct. App. 2013)

. . . Barnes argues that section 943.0435, Florida Statutes (2011), violated his right to procedural due process . . . Sheriffs Office, or the Department of Highway Safety & Motor Vehicles (DHSMV), a violation of section 943.0435 . . .

UNITED STATES v. BRIDGES,, 901 F. Supp. 2d 677 (W.D. Va. 2012)

. . . . § 943.0435(l)(a)(l)a.(I) (2012). . . . Stat. § 943.0435 (2000). The defendant was found guilty of this offense. . . .

GOSLING, v. STATE, 97 So. 3d 287 (Fla. Dist. Ct. App. 2012)

. . . Section 943.0435(4)(a), Florida Statutes (2010), requires a “sexual offender” to report to DMV within . . . See § 943.0435(l)(a)l.a.-d., Fla. Stat. . . . requires the Florida courts to make a written finding that the defendant is a “sexual predator,” section 943.0435 . . .

STATE v. WHITT,, 96 So. 3d 1125 (Fla. Dist. Ct. App. 2012)

. . . advised Whitt that he is classified as a sexual offender and is required to register pursuant to section 943.0435 . . . section 794.065, Florida Statutes, inapplicable as it pertains to him and a motion to declare section 943.0435 . . . The court also ruled that section 943.0435, Florida Statutes (1997), requires sexual offenders to register . . . to require him to submit to the registration requirements imposed on sexual offenders under section 943.0435 . . . This action was not filed pursuant to either section 943.04354, Florida Statutes (2012), or section 943.0435 . . .

PARKS, v. STATE, 96 So. 3d 474 (Fla. Dist. Ct. App. 2012)

. . . he had changed or vacated his permanent residence, a requirement for all sex offenders under section 943.0435 . . . On June 23, 2011, Appellant was released from prison and, in compliance with section 943.0435, the sex . . . Here, the information that Appellant moved to dismiss charged him with violating section 943.0435(4), . . . Here, for purposes of establishing a prima facie violation of section 943.0435(4), we find it sufficient . . . Section 943.0435(4)(a) requires a sexual offender to report to a driver’s license office within 48 hours . . .

DOE v. RAEMISCH, 895 F. Supp. 2d 897 (E.D. Wis. 2012)

. . . . § 943.0435(2-3), (6) ("[L]aw enforcement agencies ... shall verify the addresses of sexual offenders . . . Stat. § 943.0435(14)(a) ("A sexual offender must report in person ... to the sheriff’s office in the . . .

CLARK, v. STATE, 95 So. 3d 986 (Fla. Dist. Ct. App. 2012)

. . . See § 943.0435. Mr. . . . See § 943.0435(12). He is handling this matter without the assistance of counsel. . . .

STATE v. FLYNN,, 95 So. 3d 436 (Fla. Dist. Ct. App. 2012)

. . . of no contest to one count of failure of a sex offender to report to the DMV as required by section 943.0435 . . .

W. OWENS, v. STATE, 94 So. 3d 688 (Fla. Dist. Ct. App. 2012)

. . . . § 943.0435(4)(a), Fla. Stat. (2008). In June of 2009, Owens changed his residence. . . . failure of a sex offender to renew his driver’s license or identification card in violation of section 943.0435 . . . that by failing to successfully register with the DMV, Owens “knowingly” failed to comply with section 943.0435 . . .

MOULTON, v. STATE, 113 So. 3d 866 (Fla. Dist. Ct. App. 2012)

. . . with a checklist to make specific findings which courts are required to do in accordance with section 943.0435 . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 85 So. 3d 1090 (Fla. 2012)

. . . The Court also adds the definitions for “convicted” as set out in section 943.0435(l)(b) and “conviction . . . Moreover, section 943.0435(l)(c) expressly provides that “temporary residence” and “transient residence . . . which includes but is not limited to a location without a specific street address — sections 775.21 and 943.0435 . . . APPENDIX 11.14 FAILURE TO REGISTER AS A SEXUAL OFFENDER (Initially Register) § 943.0435(2)(a)-(b), Fla . . . A SEXUAL OFFENDER (Failure to Report Change of Name or Address within the State or Jurisdiction) § 943.0435 . . .

PRINCE, v. STATE, 80 So. 3d 1083 (Fla. Dist. Ct. App. 2012)

. . . seeks review of his convictions for failure to report a change of residence as required by. section 943.0435 . . .

UNITED STATES v. CHAVEZ- HERNANDEZ,, 671 F.3d 494 (5th Cir. 2012)

. . . The state court document proffered by the Government—entitled “Findings Pursuant to Florida Statute 943.0435 . . .

STATE v. JOHNSON, Jr., 79 So. 3d 146 (Fla. Dist. Ct. App. 2012)

. . . In 2006, subsection 943.0435(14), Florida Statutes, required sex offenders to “report in person each . . . reregister each year during the month of the sexual offender’s birthday and every third month thereafter.” § 943.0435 . . .

STATE v. SAMUELS,, 76 So. 3d 1109 (Fla. Dist. Ct. App. 2011)

. . . in the Department of Corrections and was required to register as a sex offender pursuant to section 943.0435 . . .

STATE v. WILLIAMS,, 75 So. 3d 431 (Fla. Dist. Ct. App. 2011)

. . . Williams failed to notify the State of her address change as required by section 943.0435, Florida Statutes . . . (2008) pursuant to her designation as a “sexual offender” under section 943.0435(l)(a)lb, Florida Statutes . . . The trial court ruled that the registration requirement of section 943.0435(l)(a)l distinguishes between . . . In granting her motion to dismiss, the trial court ruled that under section 943.0435(l)(a)ld, Ms. . . . Only subparagraph d of section 943.0435(l)(a)l applies to juveniles. . . .

MUNROE, v. STATE, 69 So. 3d 1044 (Fla. Dist. Ct. App. 2011)

. . . See § 943.0435(1)(a)(1), Fla. Stat. (2002); Raines v. . . .

WITCHARD, v. STATE, 68 So. 3d 407 (Fla. Dist. Ct. App. 2011)

. . . court pursuant to s. 948.06(2)(e) and the offender is designated as a sexual offender pursuant to s. 943.0435 . . .

STATE v. MARCEL,, 67 So. 3d 1223 (Fla. Dist. Ct. App. 2011)

. . . a sexual offender, subject to lifetime registration and reporting requirements contained in section 943.0435 . . . the temporal eligibility condition necessary to pretermit his registration obligations under section 943.0435 . . .

ANDREWS, v. STATE, 82 So. 3d 979 (Fla. Dist. Ct. App. 2011)

. . . See § 943.0435(14)(a)-(c), Fla. Stat. (2007). . . . arrested and charged with two counts of failure to report a temporary residence, in violation of section 943.0435 . . . of the gravity of appellant’s crime, failure to report a temporary residence in violation of section 943.0435 . . . See also § 943.0435(l)(c), Fla. Stat. . . . .

TYLER, v. STATE, 69 So. 3d 961 (Fla. Dist. Ct. App. 2011)

. . . he did not obtain an updated driver’s license after changing his residence, as required by section 943.0435 . . . photographed, have fingerprints taken, and furnish various items of information specified in the statute. § 943.0435 . . . Motor Vehicles to secure or renew a driver’s license or identification card bearing the new address. § 943.0435 . . . comply with the reporting and registration requirements in chapter 943 is a third-degree felony. § 943.0435 . . . But Tyler had never updated his license, and he was arrested and charged with violating section 943.0435 . . .

A. STOWE, v. STATE, 66 So. 3d 1015 (Fla. Dist. Ct. App. 2011)

. . . DCA 2010)—appellant’s argument that the trial court did not have jurisdiction, pursuant to section 943.0435 . . .

HAYS, v. STATE, 63 So. 3d 887 (Fla. Dist. Ct. App. 2011)

. . . See § 943.0435, Fla. Stat. (2008). . . .

BOSTIC, v. STATE, 60 So. 3d 535 (Fla. Dist. Ct. App. 2011)

. . . judgment of conviction for three counts of failure to register as a sex offender in violation of section 943.0435 . . . Appellant was obligated to report upon release from incarceration under section 943.0435(2) and on the . . . month of his birth and every six months thereafter under section 943.0435(14). . . .

UNITED STATES v. CARVER,, 422 F. App'x 796 (11th Cir. 2011)

. . . Carver argues, however, that he was not a sex offender within the meaning of § 943.0435 and that even . . . Section 943.0435 requires anyone who “[h]as been released on or after October 1,1997, from the sanction . . . And § 943.0435 defines “sanction” to include parole and probation. . . . And § 943.0435 does not violate the ex post facto prohibition because it is nonpunitive. . . . Stat. § 943.0435(l)(a). . . .

WATKINS, v. STATE, 57 So. 3d 986 (Fla. Dist. Ct. App. 2011)

. . . that we remand with instructions that Appellant be designated a sexual offender pursuant to section 943.0435 . . .

BENITEZ, v. STATE, 57 So. 3d 939 (Fla. Dist. Ct. App. 2011)

. . . report in person to the sheriff's office in the county in which he resided in violation of section 943.0435 . . .

STATE v. T. MICHELS,, 59 So. 3d 1163 (Fla. Dist. Ct. App. 2011)

. . . Section 943.0435(14)(a), which requires that “[a] sexual offender must report in person each year during . . .

K. J. F. a v. STATE, 44 So. 3d 1204 (Fla. Dist. Ct. App. 2010)

. . . The Plain Language of Sections 985.4815 and 943.0435 Section 985.4815(4) requires “[a] sexual offender . . . [h]as been adjudicated delinquent as provided in s. 943.0435(l)(a)l.d.” . . . . § 943.0435(l)(a)l.d. . . . See § 943.0435(l)(a)l.d. . . . See § 943.0435, Fla. Stat. (2006). . . .

PRICE, v. STATE, 43 So. 3d 854 (Fla. Dist. Ct. App. 2010)

. . . was not convicted and, therefore, is not a sexual offender who is required to register under section 943.0435 . . . Stat. s. 943.0435 (1997) (sex offender reporting statute); Montgomery v. . . . Stat. s. 943.0435 are regulatory and procedural in nature and do not violate the ex post facto clause . . . In 1999, when Price’s probation ended, section 943.0435(l)(b) had been amended to read: (b) “Convicted . . . Price relies on the fact that the language of the 1997 version of section 943.0435 does not mention a . . .

TORRES, v. STATE, 43 So. 3d 831 (Fla. Dist. Ct. App. 2010)

. . . sentences — five years in prison for failing to report a change in address in violation of section 943.0435 . . .

STATE v. CUTWRIGHT,, 41 So. 3d 389 (Fla. Dist. Ct. App. 2010)

. . . As support for his position, he cites section 943.0435(4)(b), Florida Statutes, the sexual offender registration . . . State, 6 So.3d 677, 678-79 (Fla. 1st DCA 2009), this court found that the language of 943.0435(4)(b) . . .

ADAMS, v. STATE, 37 So. 3d 953 (Fla. Dist. Ct. App. 2010)

. . . motion for leave to amend his petition, Adams explained that he was entitled to relief under section 943.0435 . . . originally designated the individual a sexual offender, stating that such designation has been removed. § 943.0435 . . . The trial court denied Adams’ motions, noted that section 943.0435(ll)(b) was more applicable, directed . . . Adams must first exhaust his administrative remedies under section 943.0435(ll)(b), which is the statute . . . Section 943.0435(1 l)(b), Florida Statutes (2007), provides: (II) Except as provided in s. 943.04354, . . .

STATE v. PETRAE,, 35 So. 3d 1012 (Fla. Dist. Ct. App. 2010)

. . . court pursuant to s. 948.06(2)(e) and the offender is designated as a sexual offender pursuant to s. 943.0435 . . .

UNITED STATES v. GOMEZ- LUCIO, a. k. a., 372 F. App'x 992 (11th Cir. 2010)

. . . . § 943.0435, would have violated this mandatory condition of supervised release. . . . .

DEESE, v. STATE, 31 So. 3d 951 (Fla. Dist. Ct. App. 2010)

. . . violation of law by not reregistering as a sex offender with local law enforcement as required by section 943.0435 . . . It is a strict liability offense and he violated Florida Statute 943.0435 in that he failed to register . . . a defense for failure to reregister, the trial court was still obliged to find pursuant to section 943.0435 . . .

W. MUNROE, v. STATE, 28 So. 3d 973 (Fla. Dist. Ct. App. 2010)

. . . See § 943.0435(9), Fla. Stat. (2007). . . . Stat. (2000); § 943.0435(l)(a)(l)(a)(I), Fla. Stat. (2007). . . . offender status, one of which is proof of a prior conviction under a cross-referenced statutory section: 943.0435 . . . re-designated from a former statute number to one of those listed in this sub-sub-subparagraph .... § 943.0435 . . . State, 805 So.2d 999, 1003 (Fla. 4th DCA 2001) (holding that section 943.0435 violates equal protection . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 27 So. 3d 640 (Fla. 2010)

. . . Jury Instructions in Criminal Cases-Report No. 2007-4, 983 So.2d 531 (Fla.2008), is based upon section 943.0435 . . . REGISTER AS A SEXUAL OFFENDER (Failure to Report Change of Residence to Another State or Jurisdiction) § 943.0435 . . .

STATE v. T. GEOGHAGAN,, 27 So. 3d 111 (Fla. Dist. Ct. App. 2009)

. . . requirements after twice failing to report as a sexual offender every 6 months as required pursuant to section 943.0435 . . . Section 943.0435(14)(a), which requires that “[a] sexual offender must report in person each year during . . .

SIMMONS, v. STATE, 25 So. 3d 638 (Fla. Dist. Ct. App. 2009)

. . . Section 943.0435, Florida Statutes (2000), provides that a defendant convicted of violating section 800.04 . . .

BELL, v. STATE, 24 So. 3d 712 (Fla. Dist. Ct. App. 2009)

. . . offender is required to register as a sexual predator under s. 775.21 or as a sexual offender under s. 943.0435 . . .

In AMENDMENTS TO THE FLORIDA RULES OF CRIMINAL PROCEDURE, 26 So. 3d 534 (Fla. 2009)

. . . Sexual Offender The defendant meets the criteria for a sexual offender as set forth in section 943.0435 . . .

HARVEY, v. STATE, 17 So. 3d 890 (Fla. Dist. Ct. App. 2009)

. . . . § 943.0435, Fla. Stat. (2008). . . . Pursuant to section 943.0435, a sexual offender is one who has committed any of certain criminal offenses . . . in the statute, among which are violations of section 794.011, excluding subsection 794.011(10). § 943.0435 . . . Section 943.0435 contains no provision for a court order designating such offenders as sexual offenders . . .

MILLER, v. STATE, 17 So. 3d 778 (Fla. Dist. Ct. App. 2009)

. . . automatically designated a sexual offender and subject to registration requirements contained in section 943.0435 . . . MONACO, C.J., and ORFINGER, J., concur. . § 943.0435, Florida Statutes (2007). . . . .

UNITED STATES v. MORAN,, 573 F.3d 1132 (11th Cir. 2009)

. . . . § 943.0435. The report mentioned that Moran had an outstanding arrest warrant for that offense. . . . Stat. § 943.0435(2); refrain from “direct contact with minors under the age of 18 without the written . . . Stat. § 943.0435, would have violated this mandatory condition of supervised release. . . .

J. KRAMPERT, v. STATE, 13 So. 3d 170 (Fla. Dist. Ct. App. 2009)

. . . registration requirement as an element of the crime of failing to register as a sexual offender under section 943.0435 . . . Regarding section 943.0435, the Florida Supreme Court observed that the failure to register as a sexual . . . State, 875 So.2d 747, 748 (Fla. 2d DCA 2004) (citing Giorgetti for the proposition “that section 943.0435 . . . Similar to section 943.0435, section 775.21 does not express any intent to remove knowledge as an element . . .