Syfert Injury Law Firm

Your Trusted Partner in Personal Injury & Workers' Compensation

Call Now: 904-383-7448
Florida Statute 775.215 - Full Text and Legal Analysis
Florida Statute 775.215 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 775.215 Case Law from Google Scholar Google Search for Amendments to 775.215

The 2024 Florida Statutes (including 2025 Special Session C)

Title XLVI
CRIMES
Chapter 775
GENERAL PENALTIES; REGISTRATION OF CRIMINALS
View Entire Chapter
F.S. 775.215
775.215 Residency restriction for persons convicted of certain sex offenses.
(1) As used in this section, the term:
(a) “Child care facility” has the same meaning as provided in s. 402.302.
(b) “Park” means all public and private property specifically designated as being used for recreational purposes and where children regularly congregate.
(c) “Playground” means a designated independent area in the community or neighborhood that is designated solely for children and has one or more play structures.
(d) “School” has the same meaning as provided in s. 1003.01 and includes a private school as defined in s. 1002.01, a voluntary prekindergarten education program as described in s. 1002.53(3), a public school as described in s. 402.3025(1), the Florida School for the Deaf and the Blind, and the Florida Virtual School established under s. 1002.37 but does not include facilities dedicated exclusively to the education of adults.
(2)(a) A person who has been convicted of a violation of s. 794.011, s. 800.04, s. 827.071, s. 847.0135(5), or s. 847.0145, regardless of whether adjudication has been withheld, in which the victim of the offense was less than 16 years of age, may not reside within 1,000 feet of any school, child care facility, park, or playground. However, a person does not violate this subsection and may not be forced to relocate if he or she is living in a residence that meets the requirements of this subsection and a school, child care facility, park, or playground is subsequently established within 1,000 feet of his or her residence.
(b) A person who violates this subsection and whose conviction under s. 794.011, s. 800.04, s. 827.071, s. 847.0135(5), or s. 847.0145 was classified as a felony of the first degree or higher commits a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083. A person who violates this subsection and whose conviction under s. 794.011, s. 800.04, s. 827.071, s. 847.0135(5), or s. 847.0145 was classified as a felony of the second or third degree commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(c) This subsection applies to any person convicted of a violation of s. 794.011, s. 800.04, s. 827.071, s. 847.0135(5), or s. 847.0145 for offenses that occur on or after October 1, 2004, excluding persons who have been removed from the requirement to register as a sexual offender or sexual predator pursuant to s. 943.04354.
(3)(a) A person who has been convicted of an offense in another jurisdiction that is similar to a violation of s. 794.011, s. 800.04, s. 827.071, s. 847.0135(5), or s. 847.0145, regardless of whether adjudication has been withheld, in which the victim of the offense was less than 16 years of age, may not reside within 1,000 feet of any school, child care facility, park, or playground. However, a person does not violate this subsection and may not be forced to relocate if he or she is living in a residence that meets the requirements of this subsection and a school, child care facility, park, or playground is subsequently established within 1,000 feet of his or her residence.
(b) A person who violates this subsection and whose conviction in another jurisdiction resulted in a penalty that is substantially similar to a felony of the first degree or higher commits a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083. A person who violates this subsection and whose conviction in another jurisdiction resulted in a penalty that is substantially similar to a felony of the second or third degree commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(c) This subsection applies to any person convicted of an offense in another jurisdiction that is similar to a violation of s. 794.011, s. 800.04, s. 827.071, s. 847.0135(5), or s. 847.0145 if such offense occurred on or after May 26, 2010, excluding persons who have been removed from the requirement to register as a sexual offender or sexual predator pursuant to s. 943.04354.
History.s. 2, ch. 2004-55; s. 21, ch. 2008-172; ss. 3,18, ch. 2010-92; s. 6, ch. 2014-39.
Note.Former s. 794.065.

F.S. 775.215 on Google Scholar

F.S. 775.215 on CourtListener

Amendments to 775.215


Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 775.215
Level: Degree
Misdemeanor/Felony: First/Second/Third

S775.215 2 - SEX OFFENDER VIOLATION - 1ST DEG FELON LIVE WI 1K FT SCHOOL ETC - F: T
S775.215 2 - SEX OFFENDER VIOLATION - 2ND 3RD DEG FELON LIVE WI 1K FT SCHOOL ETC - M: F
S775.215 3 - SEX OFFENDER VIOLATION - 1ST DEG FELON OTHR JURIS LIVE 1K FT SCHOOL ETC - F: T
S775.215 3 - SEX OFFENDER VIOLATION - 2D 3D DEG FELON OTHER JURI LIVE 1K FT SCHL ETC - M: F

Cases Citing Statute 775.215

Total Results: 4

In re Standard Jury Instructions in Criminal Cases—Report No. 2011-03

95 So. 3d 868, 37 Fla. L. Weekly Supp. 352, 2012 WL 2848895, 2012 Fla. LEXIS 961

Supreme Court of Florida | Filed: May 17, 2012 | Docket: 60311327

Cited 1 times | Published

2008). 11.17 UNLAWFUL RESIDENCY BY A SEX OFFENDER § 775.215(2) & (3), Fla. Stat: To prove the crime of Unlawful

Louis Matthew Clements v. State of Florida

Court of Appeals for the Eleventh Circuit | Filed: Feb 9, 2023 | Docket: 66801695

Published

and local laws. See, e.g., Fla. Stat. § 775.215(2)(a) (stating that a sex offender may

Alvarado v. State

205 So. 3d 810, 2016 Fla. App. LEXIS 17020

District Court of Appeal of Florida | Filed: Nov 16, 2016 | Docket: 4539034

Published

Polk County. Because of the constraints of section 775.215, Florida Statutes (2014), Alvarado’s housing

Calderon v. State

93 So. 3d 439, 2012 WL 2813998, 2012 Fla. App. LEXIS 11101

District Court of Appeal of Florida | Filed: Jul 11, 2012 | Docket: 60310589

Published

May 26, 2010, this section was renumbered. See § 775.215, Fla. Stat. (2010).