Sex offenders have to adhere to various rules, including being listed on a public registry and living a certain distance away from schools. Recently, House Bill 1235 was passed in Florida, further tightening the regulations for sexual predators and offenders. This bill specifically amends Florida’s statutes 775.21 and 943.0435, aiming to clarify previously ambiguous legislation and impose stricter rules for offenders.
As of October 1, 2024, certain offenders are now required to provide their vessel, live-aboard vessel, or houseboat registration number when applicable. They must also register and report any changes to vehicle information directly to the Florida Department of Law Enforcement (FDLE) or its online system.
Additionally, offenders must give a minimum of 48 hours notice to the sheriff’s office in their current county of residence if they plan to move to a new state or jurisdiction. If they plan to travel out of the country, at least 21 days notice is required. In cases where the offender is unable to provide advance notice due to unforeseen circumstances, they must report to the sheriff’s office before their departure. The FDLE is then responsible for notifying the intended country of travel.
If the offenders are unaware of either occurrence beforehand and are unable to report it promptly, they must notify the sheriff’s office before departing. The FDLE is thereafter in charge of alerting the “intended country of travel” about such travel.
Previously, each sheriff’s office had their own means of conducting check-ins with offenders. However, House Bill 1235 establishes that the FDLE will create a standard for transient check-in information obtained by each sheriff’s office. This information must be submitted to the FDLE within two business days of being provided by the offender.
Under the new law, offenders have three weeks to respond to an address verification request from the FDLE or local law enforcement. Failure to register, report a change, or respond to requests will result in separate charges for violating these rules.
The law also provides a specific definition for an offender’s type of residence. A permanent residence is where an offender stays for at least three consecutive days after moving in, while a temporary residence is where an offender stays for at least three days in total over the course of a calendar year. A transient residence refers to a county where an offender stays for at least three days in total over the course of a calendar year, and it is not their permanent or temporary address.
If an offender is eligible for relief from any of the registration requirements, he or she must demonstrate “that they do not meet any other qualifying criteria that would require him or her to register as a sexual offender.”.
According to this law, a permanent residence is a site where an offender lives for at least three consecutive days after the move-in date. A temporary residence is a site where an offender spends at least three days every calendar year. A transient residence is a place where an offender stays for at least three days in a calendar year, but it is not their permanent or temporary abode.
Offenders must meet new criteria outlined in the amended statutes in order to have any registration requirements removed. The FDLE must be notified of any petitions for relief, and they can present their own evidence during the hearing on the petition. To qualify for relief, an offender must prove that they do not meet any other qualifying criteria that would require them to register as a sexual offender.
The new law also mandates that local jails have a specific timeframe for registering the presence of a sexual offender in their custody. Jail custodians must document sexual offenders with digital photographs, which are then provided to the FDLE. Additionally, they must notify the FDLE in the event of an offender’s escape or death.
House Bill 1235 was prepared by the Criminal Justice Committee and filed on January 4, 2024. It received unanimous votes of 35-0 in the Senate and 116-0 in the House before being presented to Governor DeSantis on April 8, 2024. Governor DeSantis approved the bill on April 10, 2024.
For more detailed information on this new law, you can read the 82-page House Bill 1235 here. An official summary is also available here.
