Florida Statutes
Fla. Stat. § 943.04354 (2025)
Removal of the requirement to register as a sexual offender or sexual predator in special circumstances.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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943.04354 Removal of the requirement to register as a sexual offender or sexual predator in special circumstances.—
(1) For purposes of this section, a person shall be considered for removal of the requirement to register as a sexual offender or sexual predator only if the person:
(a) Was convicted, regardless of adjudication, or adjudicated delinquent of a violation of s. 800.04, s. 827.071, or s. 847.0135(5) or of a similar offense in another jurisdiction and if the person does not have any other conviction, regardless of adjudication, or adjudication of delinquency for a violation of s. 794.011, s. 800.04, s. 827.071, or s. 847.0135(5) or for a similar offense in another jurisdiction;
(b)1. Was convicted, regardless of adjudication, or adjudicated delinquent of an offense listed in paragraph (a) and is required to register as a sexual offender or sexual predator solely on the basis of this conviction or adjudication; or
2. Was convicted, regardless of adjudication, or adjudicated delinquent of an offense in another jurisdiction which is similar to an offense listed in paragraph (a) and no longer meets the criteria for registration as a sexual offender or sexual predator under the laws of the jurisdiction in which the similar offense occurred; and
(c) Is not more than 4 years older than the victim of this violation who was 13 years of age or older but younger than 18 years of age at the time the person committed this violation.
(2)(a) If a person meets the criteria in subsection (1), the person may, for the purpose of removing the requirement that he or she register as a sexual offender or sexual predator, move the criminal division of the circuit court of the circuit:
1. Where the conviction or adjudication for the qualifying offense occurred for a conviction in this state;
2. Where the sexual offender or sexual predator resides for a conviction for a violation of similar law of another jurisdiction; or
3. Where the sexual offender or sexual predator last resided for a sexual offender or sexual predator with a conviction of a violation of a similar law of another jurisdiction who no longer resides in this state.
(b) The person must allege in the motion that he or she meets the criteria in subsection (1) and that removal of the registration requirement will not conflict with federal law that requires that the sexual act be consensual, notwithstanding the age of the victim. A person convicted or adjudicated delinquent of an offense in another jurisdiction which is similar to an offense listed in paragraph (1)(a) must provide the court written confirmation that he or she is not required to register in the jurisdiction in which the conviction or adjudication occurred. The state attorney and the department must be given notice of the motion at least 21 days before the date of sentencing, disposition of the violation, or hearing on the motion and may present evidence in opposition to the requested relief or may otherwise demonstrate why the motion should be denied. At sentencing, disposition of the violation, or hearing on the motion, the court shall rule on the motion, and, if the court determines the person meets the criteria in subsection (1) and the removal of the registration requirement will not conflict with federal law that requires that the sexual act be consensual, notwithstanding the age of the victim, it may grant the motion and order the removal of the registration requirement. The court shall instruct the person to provide the department a certified copy of the order granting relief. If the court denies the motion, the person is not authorized under this section to file another motion for removal of the registration requirement.
(3) If a person provides to the Department of Law Enforcement a certified copy of the court’s order removing the requirement that the person register as a sexual offender or sexual predator for the violation of s. 794.011, s. 800.04, s. 827.071, or s. 847.0135(5), or a similar offense in another jurisdiction, the registration requirement will not apply to the person and the department shall remove all information about the person from the public registry of sexual offenders and sexual predators maintained by the department. However, the removal of this information from the public registry does not mean that the public is denied access to information about the person’s criminal history or record that is otherwise available as a public record.
History.—s. 3, ch. 2007-209; s. 26, ch. 2008-172; s. 6, ch. 2010-92; s. 6, ch. 2014-5; s. 4, ch. 2016-104.
Notes of Decisions
Cited in 25
cases (4 in the last 5 years), 2009–2026 · leading case: Miller v. State, 17 So. 3d 778 (Fla. 5th DCA 2009).
Miller v. State, 17 So. 3d 778 (Fla. 5th DCA 2009). “Miller subsequently filed a motion requesting that he be removed from the sex offender registry as permitted in section 943.04354, Florida Statutes (2007).”
State v. Welch, 94 So. 3d 631 (Fla. 2d DCA 2012). “On April 14, 2011, Welch filed a petition for removal of the requirement to register as a sexual offender pursuant to section 943.04354, Florida Statutes (2010).”
Clark v. State, 95 So. 3d 986 (Fla. 2d DCA 2012). “Clark, section 943.04354 is complex, and he has filed his petition under subsection (3) when it should have been filed under subsection (2).”
State v. Marcel, 67 So. 3d 1223 (Fla. 3d DCA 2011). “” See § 943.04354, Fla. Stat. (2007); Miller v.”
State v. Caragol, 120 So. 3d 641 (Fla. 5th DCA 2013). “The Legislature enacted section 943.04354, Florida Statutes (in 2007, which makes it a relatively new enactment), in apparent recognition of the rather harsh *643 consequences that often result from compliance with the sexual offender registration requirements.”
Matos v. State, 111 So. 3d 964 (Fla. 5th DCA 2013). “As required by section 943.04354, Florida Statutes (commonly referred to as the Romeo and Juliet statute), Appellant alleged that removal of the registration requirement would not conflict with federal law.”
Matos v. State, 184 So. 3d 1194 (Fla. 5th DCA 2015). “Michael Matos appeals the denial of his petition under section 943.04354, Florida Statutes (2011), the so-called “Romeo and Juliet” statute, for removal of the requirement that he register as a sexual offender.”
People v. Costner, 870 N.W.2d 582 (Mich. Ct. App. 2015). “The defendant later filed a petition seeking relief under Florida’s “Romeo and Juliet” law, Fla Stat 943.04354(l)(c) (2007), which provided an exception to sex-offender registration for consensual conduct by young people.”
State v. Samuels, 76 So. 3d 1109 (Fla. 5th DCA 2011). “180(a) of the Florida Rules of Criminal Procedure arguing that he is exempt from the sexual offender registration requirement under section 943.04354 of the Florida Statutes (2009), commonly referred to as Florida’s Romeo and Juliet law.”
Dukharan v. State, 96 So. 3d 454 (Fla. 2d DCA 2012). “Dukharan appeals an order denying his motion filed under section 943.04354, Florida Statutes (2010), for removal of the requirement that he register as a sexual offender.”
Martinez v. State, 111 So. 3d 915 (Fla. 2d DCA 2013). “Section 943.04354 was enacted in 2007; 3 the subsection describing the persons eligible for consideration states: (1) For purposes of this section, a person shall be considered for removal of the requirement to register as a sexual offender or sexual predator only if the person:…”
State v. Whitt, 96 So. 3d 1125 (Fla. 5th DCA 2012). “This action was not filed pursuant to either section 943.04354, Florida Statutes (2012), or section 943.”
— 943.04354(1) — 1 case
Adams v. State, 37 So. 3d 953 (Fla. 4th DCA 2010).
— 943.04354(1)(a) — 1 case
Ryan D. Maxey v. State of Florida (Fla. 6th DCA 2026).
— 943.04354(1)(c) — 2 cases
Dukharan v. State, 96 So. 3d 454 (Fla. 2d DCA 2012). “Dukharan appeals an order denying his motion filed under section 943.04354, Florida Statutes (2010), for removal of the requirement that he register as a sexual offender.”
State v. Caragol, 120 So. 3d 641 (Fla. 5th DCA 2013). “The Legislature enacted section 943.04354, Florida Statutes (in 2007, which makes it a relatively new enactment), in apparent recognition of the rather harsh *643 consequences that often result from compliance with the sexual offender registration requirements.”
— 943.04354(2) — 4 cases
Clark v. State, 95 So. 3d 986 (Fla. 2d DCA 2012). “Clark, section 943.04354 is complex, and he has filed his petition under subsection (3) when it should have been filed under subsection (2).”
Matos v. State, 184 So. 3d 1194 (Fla. 5th DCA 2015). “Michael Matos appeals the denial of his petition under section 943.04354, Florida Statutes (2011), the so-called “Romeo and Juliet” statute, for removal of the requirement that he register as a sexual offender.”
Martinez v. State, 111 So. 3d 915 (Fla. 2d DCA 2013). “Section 943.04354 was enacted in 2007; 3 the subsection describing the persons eligible for consideration states: (1) For purposes of this section, a person shall be considered for removal of the requirement to register as a sexual offender or sexual predator only if the person:…”
Wromas Jr. v. State, 239 So. 3d 748 (Fla. 3d DCA 2018).
— 943.04354(2)(b) — 1 case
Wromas Jr. v. State, 208 So. 3d 218 (Fla. 3d DCA 2016).
— 943.04354(3) — 2 cases
Clark v. State, 95 So. 3d 986 (Fla. 2d DCA 2012). “Clark, section 943.04354 is complex, and he has filed his petition under subsection (3) when it should have been filed under subsection (2).”
Martinez v. State, 111 So. 3d 915 (Fla. 2d DCA 2013). “Section 943.04354 was enacted in 2007; 3 the subsection describing the persons eligible for consideration states: (1) For purposes of this section, a person shall be considered for removal of the requirement to register as a sexual offender or sexual predator only if the person:…”
— 943.04354(3)(a)(l) — 1 case
Dukharan v. State, 96 So. 3d 454 (Fla. 2d DCA 2012). “Dukharan appeals an order denying his motion filed under section 943.04354, Florida Statutes (2010), for removal of the requirement that he register as a sexual offender.”
— 943.04354(3)(b) — 3 cases
Matos v. State, 111 So. 3d 964 (Fla. 5th DCA 2013). “As required by section 943.04354, Florida Statutes (commonly referred to as the Romeo and Juliet statute), Appellant alleged that removal of the registration requirement would not conflict with federal law.”
State v. Caragol, 120 So. 3d 641 (Fla. 5th DCA 2013). “The Legislature enacted section 943.04354, Florida Statutes (in 2007, which makes it a relatively new enactment), in apparent recognition of the rather harsh *643 consequences that often result from compliance with the sexual offender registration requirements.”
Horton v. State, 127 So. 3d 825 (Fla. 2d DCA 2013).
— 943.04354(l)(a) — 1 case
Simmons v. State, 25 So. 3d 638 (Fla. 1st DCA 2009).
— 943.04354(l)(c) — 5 cases
State v. Welch, 94 So. 3d 631 (Fla. 2d DCA 2012). “On April 14, 2011, Welch filed a petition for removal of the requirement to register as a sexual offender pursuant to section 943.04354, Florida Statutes (2010).”
State v. Marcel, 67 So. 3d 1223 (Fla. 3d DCA 2011). “” See § 943.04354, Fla. Stat. (2007); Miller v.”
People v. Costner, 870 N.W.2d 582 (Mich. Ct. App. 2015). “The defendant later filed a petition seeking relief under Florida’s “Romeo and Juliet” law, Fla Stat 943.04354(l)(c) (2007), which provided an exception to sex-offender registration for consensual conduct by young people.”
State v. Caragol, 120 So. 3d 641 (Fla. 5th DCA 2013). “The Legislature enacted section 943.04354, Florida Statutes (in 2007, which makes it a relatively new enactment), in apparent recognition of the rather harsh *643 consequences that often result from compliance with the sexual offender registration requirements.”
Vann v. State, 99 So. 3d 633 (Fla. 1st DCA 2012).
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