Florida Statute 943.04354 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 943
DEPARTMENT OF LAW ENFORCEMENT

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F.S. 943.04354

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.

F.S. 943.04354 on Google Scholar

F.S. 943.04354 on Casetext

Amendments to 943.04354

Arrestable Offenses / Crimes under Fla. Stat. 943.04354

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 943.04354.

Annotations, Discussions, Cases:

Cases Citing Statute 943.04354

Total Results: 19

Wromas Jr. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2018-02-13T23:53:00-08:00

Snippet: met the requirements specified under section 943.04354, Florida Statutes (2015), which permits persons…appropriate candidate for relief under section 943.04354. In 2000, the defendant was convicted of…from the sex offender registry. Section 943.04354 specifies the criteria necessary to be eligible…criteria under the statute is discretionary, see § 943.04354(2) (providing that if a defendant meets the criteria

Wromas Jr. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2016-11-09T00:00:00-08:00

Citation: 208 So. 3d 218, 2016 Fla. App. LEXIS 16670

Snippet: offender under the “Romeo and Juliet Law,” section 943.04354 of the Florida Statutes (2016). Because it appears…preclude considering his most recent request. § 943.04354(2)(b) (“If the court denies the motion, the person

Matos v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2015-12-31T00:00:00-08:00

Citation: 184 So. 3d 1194, 2015 Fla. App. LEXIS 19541, 2015 WL 9491858

Snippet: appeals the denial of his petition under section 943.04354, Florida Statutes (2011), the so-called “Romeo…under the second, discretionary prong. Section 943.04354(2) specifies that if an offender meets all the…appropriate candidate for relief under section 943.04354. Therefore, we affirm. AFFIRMED. SAWAYA, COHEN…COHEN and WALLIS, JJ., concur. . Section 943.04354(2) specifies that removal from the registry must not

Horton v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2013-11-27T00:00:00-08:00

Citation: 127 So. 3d 825, 2013 WL 6223408, 2013 Fla. App. LEXIS 18909

Snippet: offender under the “Romeo and Juliet Law.” See § 943.04354, Fla. Stat. (2013). We affirm the trial court’…requirement would not conflict with federal law. See § 943.04354(3)(b). However, we note that since the trial court

Calhoun v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2013-11-22T00:00:00-08:00

Citation: 158 So. 3d 610, 2013 WL 6122128, 2013 Fla. App. LEXIS 18574

Snippet: Calhoun’s right to file a petition under section 943.04354, Florida Stat*611utes, should he conclude that

State v. Caragol

Court: Fla. Dist. Ct. App. | Date Filed: 2013-09-06T00:00:00-07:00

Citation: 120 So. 3d 641, 2013 WL 4764639, 2013 Fla. App. LEXIS 14319

Snippet: registration requirement removed pursuant to section 943.04354(3)(b), Florida Statutes (2012), which requires…seventeen years of age at the time of the offense. §§ 943.04354(l)(c), (3)(b), Fla. Stat. (2012). The trial court…administrative probation. The Legislature enacted section 943.04354, Florida Statutes (in 2007, which makes it a relatively…requirements concerning himself and the victim. See § 943.04354(l)(c), Fla. Stat. (2012) (requiring the defendant…time the person committed this violation.”); § 943.04354(3)(b), Fla. Stat. (2012) (requiring a petition

Matos v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2013-04-26T00:00:00-07:00

Citation: 111 So. 3d 964, 2013 WL 1775547, 2013 Fla. App. LEXIS 6734

Snippet: as a sexual offender. As required by section 943.04354, Florida Statutes (commonly referred to as the…requirement would not conflict with federal law. See § 943.04354(3)(b), Fla. Stat. (2011) (“The person must allege… 779-80 (Fla. 5th DCA 2009). However, section 943.04354 permits a defendant to petition for removal of…corroborating evidence. We agree. The language of section 943.04354(3)(b), Florida Statutes (2011), suggests that …that he meets all of the statutory criteria. § 943.04354(3)(b), Fla. *967Stat. (2011). The State is correct

Martinez v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2013-03-08T00:00:00-08:00

Citation: 111 So. 3d 915, 2013 Fla. App. LEXIS 3659, 2013 WL 845590

Snippet: his client did not qualify for relief. Section 943.04354 was enacted in 2007;3 the subsection describing… not eligible for consideration under section 943.04354. But he read the statute to be applicable only…entitled to have one hearing pursuant to section 943.04354 where the trial court knows that the statute applies…following the sentencing hearing. Subsections 943.04354(2) and (3) state that a person who is denied removal…seem to be such a further petition. . Section 943.04354(2), Florida Statutes (2008) provides: (2) If a

Vann v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2012-10-31T00:00:00-07:00

Citation: 99 So. 3d 633, 2012 Fla. App. LEXIS 18955, 2012 WL 5350152

Snippet: years older than the victim” pursuant to section 943.04354(l)(c), Florida Statutes. Consistent with the prior

State v. Whitt

Court: Fla. Dist. Ct. App. | Date Filed: 2012-09-07T00:00:00-07:00

Citation: 96 So. 3d 1125, 2012 WL 3870519, 2012 Fla. App. LEXIS 14996

Snippet: action was not filed pursuant to either section 943.04354, Florida Statutes (2012), or section 943.0435(

Dukharan v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2012-08-24T00:00:00-07:00

Citation: 96 So. 3d 454, 2012 WL 3629286, 2012 Fla. App. LEXIS 14227

Snippet: order denying his motion filed under section 943.04354, Florida Statutes (2010), for removal of the requirement…offense occurred prior to July 1, 2007. See § 943.04354(3)(a)(l); cf. Clark v. State, 95 So.3d 986 (Fla…statutorily ineligible for this relief. See § 943.04354(1)(c); State v. Welch, 94 So.3d 631 (Fla. 2d DCA

Clark v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2012-08-22T00:00:00-07:00

Citation: 95 So. 3d 986, 2012 WL 3588174, 2012 Fla. App. LEXIS 13894

Snippet: . See § 943.04354(2). He is not eligible to file a petition after sentencing. See § 943.04354(3). Mr. …treat this order as an appealable order. See § 943.04354(2); see also Miller v. State, 17 So.3d 778 (Fla… basis). Unfortunately for Mr. Clark, section 943.04354 is complex, and he has filed his petition under…. The relevant sections of the statute state: 943.04354 Removal of the requirement to register as a sexual… must rule on the motion at sentencing. See § 943.04354(2). For a defendant who committed an offense before

State v. Welch

Court: Fla. Dist. Ct. App. | Date Filed: 2012-07-06T00:00:00-07:00

Citation: 94 So. 3d 631, 2012 WL 2613556, 2012 Fla. App. LEXIS 10889

Snippet: register as a sexual offender pursuant to section 943.04354, Florida Statutes (2010). The circuit court conducted…circuit court to exercise its discretion. Section 943.04354 provides as follows: (1) For purposes of this …years older than the victim of this violation.” § 943.04354(l)(c). Welch is more than four years older than…defendant did not meet the requirement of section 943.04354(l)(c) when he was four years, three months, and…defendant did not meet the requirement of section 943.04354(l)(c) when he was four years, one month, and twenty-one

State v. Samuels

Court: Fla. Dist. Ct. App. | Date Filed: 2011-12-30T00:00:00-08:00

Citation: 76 So. 3d 1109, 2011 Fla. App. LEXIS 20892, 2011 WL 6843011

Snippet: offender registration requirement under section 943.04354 of the Florida Statutes (2009), commonly referred…s Romeo and Juliet law. The statute provides: 943.04354 Removal of the requirement to register as a sexual…concluding that Samuels had demonstrated that section 943.04354 was applicable to his case since the victim was…-year eligibility limit prescribed by section 943.04354 of the Florida Statutes, he is 00ineligible to

State v. Marcel

Court: Fla. Dist. Ct. App. | Date Filed: 2011-08-31T00:00:00-07:00

Citation: 67 So. 3d 1223, 2011 Fla. App. LEXIS 13744, 2011 WL 3820700

Snippet: offense, the Florida Legislature added section 943.04354 to the Florida Statutes, providing an exception…so-called “Romeo and Juliet offenders.” See § 943.04354, Fla. Stat. (2007); Miller v. State, 17 So.3d …time the person committed th[e] violation.” § 943.04354(l)(c), Fla. Stat. (2007). The trial court in this…application of the phrase “not more than” in section 943.04354(l)(c) of the Florida Statutes. At the time of …-year eligibility limit prescribed by section 943.04354 of the Florida Statutes, he is ineligible to petition

Adams v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2010-06-16T00:00:00-07:00

Citation: 37 So. 3d 953, 2010 Fla. App. LEXIS 8647, 2010 WL 2382605

Snippet: sexual offender in Florida pursuant to section 943.04354(1), Florida Statutes (2007), which provides: (…the time the person committed this violation. § 943.04354(1), Fla. Stat. (2007). The trial court denied …petition based on its determination that section 943.04354 was limited to convictions under Florida statutes… court. We hold that litigating under section 943.04354(1) was premature. Adams must first exhaust his…is a determination on the merits under section 943.04354(1) and thus should not be construed to potentially

Courson v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2009-12-31T00:00:00-08:00

Citation: 24 So. 3d 1249, 2009 Fla. App. LEXIS 20510, 2009 WL 5151525

Snippet: from the registration requirements under section 943.04354, Florida Statutes (2008), known as the "Romeo…he register as a sexual offender under section 943.04354, he would be allowed to withdraw his guilty pleas…from the registration requirement under section 943.04354 because, although he was charged and convicted…has convictions in two separate cases, section 943.04354 prohibits exemption from registration based on…exemption in all other respects. *1251 Section 943.04354, Florida Statutes, provides for removal of the

Simmons v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2009-12-31T00:00:00-08:00

Citation: 25 So. 3d 638, 2009 Fla. App. LEXIS 20523, 2009 WL 5151752

Snippet: offender which was filed pursuant to section 943.04354, Florida Statutes (2008). The trial court erroneously…Statutes (2000), he was ineligible for relief. See § 943.04354(1)(a) (permitting a defendant to seek relief if…requirements of the statute. However, section 943.04354 permits the defendant to petition the sentencing

Miller v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2009-08-07T00:00:00-07:00

Citation: 17 So. 3d 778, 2009 Fla. App. LEXIS 10972, 2009 WL 2407656

Snippet: sex offender registry as permitted in section 943.04354, Florida Statutes (2007). In its response, the… in question was not consensual; that section 943.04354, Florida Statutes (2007), does not expressly require…motion. The trial court acknowledged that section 943.04354, Florida Statutes, makes no direct reference to… conjunction with federal law because section 943.04354 requires that removal from the Florida registry…943.0435, Florida Statutes. However, under section 943.04354, a new law, effective July 1, 2007, a defendant