The 2023 Florida Statutes (including Special Session C)
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. . . designated as sex offenders are required to comply with the registration requirements set forth in section 943.0435 . . .
. . . revealed two online identifiers that Appellee had allegedly failed to report in violation of section 943.0435 . . .
. . . .] § 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. . . .
. . . 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.) . . .
. . . 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. . . .
. . . Identification Card within forty-eight hours of registering with the Sheriff's Office in violation of section 943.0435 . . .
. . . Sexual Offender The defendant meets the criteria for a sexual offender as set forth in section 943.0435 . . .
. . . . § 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 pled guilty to failure to register as a sexual offender as required by section 943.0435(7), Florida . . .
. . . 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. . . .
. . . Section 943.0435, Florida Statutes (2000), requires that all offenders convicted of committing certain . . .
. . . 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 . . .
. . . See § 943.0435(l)(h)l.a.(I)-(II), Fla. Stat. (2015); see also Fla. Std. Jury Inst. . . .
. . . 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 . . .
. . . 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 . . .
. . . believe that Bishop has willfully failed to register this unknown email account in violation of [§ ] 943.0435 . . .
. . . sécondary (high) school. (10) “Sexual offender” shall have the meaning ascribed to such term in Section 943.0435 . . . Stat. § 943.0435). . . .
. . . 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. . . .
. . . 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. . . .
. . . lead to one year of probation, and automatic designation as a sexual offender for life under section 943.0435 . . .
. . . 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 . . .
. . . secondary (high) school. (1Ó) “Sexual offender” shall have the meaning ascribed to: such term in Section 943.0435 . . . Stat-. § 943.0435). . . .
. . . 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. . . .
. . . of one count of failure to report a change in residency by a sexual offender as required by section 943.0435 . . .
. . . 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 . . .
. . . . § 943.0435(4)(b)(2) (2015); Haw. Rev. Stat. § 846E-5 (2014); Kan. Stat. . . .
. . . treats probation or community control without an adjudication of guilt as a prior conviction); and § 943.0435 . . .
. . . 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 . . .
. . . (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. . . .
. . . treats probation or community control without an adjudication of guilt as a prior conviction); and § 943.0435 . . .
. . . 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 . . .
. . . Sexual Offender The defendant meets the criteria for a sexual offender as set forth in section 943.0435 . . .
. . . ) 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 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 . . .
. . . 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 . . .
. . . Section 943.0435(l)(a)l.d., Florida Statutes (2012), sets forth the offenses and conditions under which . . .
. . . 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 . . .
. . . We note that Bishop's convictions may qualify him as a "sexual offender” under section 943.0435, Florida . . .
. . . failure to report a change in address as required by the sexual offender registration statute, section 943.0435 . . .
. . . 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 . . .
. . . . § 943.0435. In 2005, the FDLE sent Meggison a letter requiring him to register as a sex offender. . . .
. . . , 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). . . .
. . . 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 . . .
. . . 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 . . .
. . . . § 943.0435. . . .
. . . See § 943.0435, Fla. Stat. (2009). Although Mr. . . .
. . . . § 943.0435, Fla. Stat. (2001). . . .
. . . 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 . . .
. . . Registration) is adopted and provides the court with the necessary factual findings required under section 943.0435 . . .
. . . . §§ 775.21(6), 943.0435(2)(b). . . . .
. . . 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)). . . .
. . . Under section 943.0435, a defendant convicted of violating section 800.04 is automatically designated . . .
. . . See § 943.0435, Fla. Stat. (2008). .See ch. 2007-209, § 3, at 1912-14, Laws of Fla. . . . .
. . . . § 943.0435(l)(a), Fla. Stat. (2012). . . .
. . . 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 . . .
. . . . § 943.0435(l)(a)(l)a.(I) (2012). . . . Stat. § 943.0435 (2000). The defendant was found guilty of this offense. . . .
. . . 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 . . .
. . . 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 . . .
. . . 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 . . .
. . . . § 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 . . .
. . . See § 943.0435. Mr. . . . See § 943.0435(12). He is handling this matter without the assistance of counsel. . . .
. . . of no contest to one count of failure of a sex offender to report to the DMV as required by section 943.0435 . . .
. . . . § 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 . . .
. . . with a checklist to make specific findings which courts are required to do in accordance with section 943.0435 . . .
. . . 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 . . .
. . . seeks review of his convictions for failure to report a change of residence as required by. section 943.0435 . . .
. . . The state court document proffered by the Government—entitled “Findings Pursuant to Florida Statute 943.0435 . . .
. . . 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 . . .
. . . in the Department of Corrections and was required to register as a sex offender pursuant to section 943.0435 . . .
. . . 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. . . .
. . . See § 943.0435(1)(a)(1), Fla. Stat. (2002); Raines v. . . .
. . . court pursuant to s. 948.06(2)(e) and the offender is designated as a sexual offender pursuant to s. 943.0435 . . .
. . . 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 . . .
. . . 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. . . . .
. . . 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 . . .
. . . DCA 2010)—appellant’s argument that the trial court did not have jurisdiction, pursuant to section 943.0435 . . .
. . . See § 943.0435, Fla. Stat. (2008). . . .
. . . 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). . . .
. . . 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). . . .
. . . that we remand with instructions that Appellant be designated a sexual offender pursuant to section 943.0435 . . .
. . . report in person to the sheriff's office in the county in which he resided in violation of section 943.0435 . . .
. . . Section 943.0435(14)(a), which requires that “[a] sexual offender must report in person each year during . . .
. . . 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). . . .
. . . 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 . . .
. . . sentences — five years in prison for failing to report a change in address in violation of section 943.0435 . . .
. . . 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) . . .
. . . 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, . . .
. . . court pursuant to s. 948.06(2)(e) and the offender is designated as a sexual offender pursuant to s. 943.0435 . . .
. . . . § 943.0435, would have violated this mandatory condition of supervised release. . . . .
. . . 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 . . .
. . . 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 . . .
. . . 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 . . .
. . . 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 . . .
. . . Section 943.0435, Florida Statutes (2000), provides that a defendant convicted of violating section 800.04 . . .
. . . offender is required to register as a sexual predator under s. 775.21 or as a sexual offender under s. 943.0435 . . .
. . . Sexual Offender The defendant meets the criteria for a sexual offender as set forth in section 943.0435 . . .
. . . . § 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 . . .
. . . 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). . . . .
. . . . § 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. . . .
. . . 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 . . .