The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES

Chapter 775
GENERAL PENALTIES; REGISTRATION OF CRIMINALS

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F.S. 775.13

775.13 Registration of convicted felons, exemptions; penalties.—

(1) As used in this section, the term “convicted” means, with respect to a person’s felony offense, a determination of guilt which is the result of a trial or the entry of a plea of guilty or nolo contendere, regardless of whether adjudication is withheld.

(2) Any person who has been convicted of a felony in any court of this state shall, within 48 hours after entering any county in this state, register with the sheriff of said county, be fingerprinted and photographed, and list the crime for which convicted, place of conviction, sentence imposed, if any, name, aliases, if any, address, and occupation. If the felony conviction is for an offense that was found, pursuant to s. 874.04, to have been committed for the purpose of benefiting, promoting, or furthering the interests of a criminal gang, the registrant shall identify himself or herself as such an offender. The Department of Law Enforcement, in consultation with appropriate local law enforcement agencies, may develop standardized practices for the inclusion of gang affiliation at the time of offender registration.

(3) Any person who has been convicted of a crime in any federal court or in any court of a state other than Florida, or of any foreign state or country, which crime if committed in Florida would be a felony, shall forthwith within 48 hours after entering any county in this state register with the sheriff of said county in the same manner as provided for in subsection (2).

(4) This section does not apply to an offender:

(a) Who has had his or her civil rights restored;

(b) Who has received a full pardon for the offense for which convicted;

(c) Who has been lawfully released from incarceration or other sentence or supervision for a felony conviction for more than 5 years prior to such time for registration, unless the offender is a fugitive from justice on a felony charge or has been convicted of any offense since release from such incarceration or other sentence or supervision;

(d) Who is a parolee or probationer under the supervision of the United States Parole Commission if the commission knows of and consents to the presence of the offender in Florida or is a probationer under the supervision of any federal probation officer in the state or who has been lawfully discharged from such parole or probation;

(e) Who is a sexual predator and has registered as required under s. 775.21;

(f) Who is a sexual offender and has registered as required in s. 943.0435 or s. 944.607; or

(g) Who is a career offender who has registered as required in s. 775.261 or s. 944.609.

(5) The failure of any such convicted felon to comply with this section:

(a) With regard to any felon not listed in paragraph (b), constitutes a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(b) With regard to any felon who has been found, pursuant to s. 874.04, to have committed any offense for the purpose of benefiting, promoting, or furthering the interests of a criminal gang, constitutes a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(6) Nothing in this section shall be construed to affect any law of this state relating to registration of criminals where the penalties for registration, notification, or reporting obligations are in addition to, or in excess of, those imposed by this section.

History.—ss. 1, 2, 3, 4, 5, 6, 7, ch. 57-19; s. 1, ch. 57-371; s. 1, ch. 63-191; s. 1, ch. 65-453; s. 3, ch. 67-2207; ss. 20, 33, 35, ch. 69-106; s. 699, ch. 71-136; s. 11, ch. 77-120; s. 1, ch. 77-174; s. 18, ch. 79-3; s. 21, ch. 79-8; s. 161, ch. 83-216; s. 63, ch. 96-388; s. 4, ch. 97-299; s. 2, ch. 98-81; s. 1, ch. 2000-328; s. 1, ch. 2002-266; s. 5, ch. 2004-371; s. 1, ch. 2008-238; s. 43, ch. 2016-24; s. 13, ch. 2021-156.

F.S. 775.13 on Google Scholar

F.S. 775.13 on Casetext

Amendments to 775.13

Arrestable Offenses / Crimes under Fla. Stat. 775.13

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

S775.13 - CRIMINAL REGISTRATION - - N: N

S775.13 5a - FAIL TO REG AS CRIM REG - CONVICTED FELON FAIL TO REGISTER - M: S

S775.13 5b - FAIL TO REG AS CRIM REG - AS CONVICTED GANG FELON FAIL TO REGISTER - F: T

S775.13 6 - FAIL TO REG AS CRIM REG - RENUMBERED. SEE REC # 6533 - M: S

Annotations, Discussions, Cases:

Cases from cite.case.law:

UNITED STATES v. CLARKE,, 822 F.3d 1213 (11th Cir. 2016)

. . . includes a determination of guilt when adjudication is withheld in the definition of conviction); § 775.13 . . .

CLARKE, v. UNITED STATES, 184 So. 3d 1107 (Fla. 2016)

. . . includes a determination of guilt when adjudication is withheld in the definition of conviction); § 775.13 . . .

UNITED STATES, v. KEBODEAUX., 570 U.S. 387 (U.S. 2013)

. . . . §§ 775.13, 775.21 (2007) ; Ga.Code Ann. § 42-1-12 (Supp.2007); Haw.Rev.Stat. §§ 846E-1, 846E-2 (2006 . . .

DINE CITIZENS AGAINST RUINING OUR ENVIRONMENT, v. Al KLEIN, a U. S. BHP, 676 F. Supp. 2d 1198 (D. Colo. 2009)

. . . . § 775.13; see 30 C.F.R. § 774.15(f) (“Any person having an interest which is or may be adversely affected . . .

HOUSTON, v. N. WILLIAMS, In, 547 F.3d 1357 (11th Cir. 2008)

. . . the Brevard County Sheriffs Office or the Florida Department of Law Enforcement under Florida Statute 775.13 . . .

KENNEDY v. LOUISIANA, 554 U.S. 407 (U.S. 2008)

. . . . §§ 775.13, 775.21 (2007); Ga. Code Ann. § 42-1-12 (Supp. 2007); Haw. Rev. . . .

G. CELLA, v. STATE, 831 So. 2d 716 (Fla. Dist. Ct. App. 2002)

. . . that he was never informed he would have to register with the Sheriffs Department pursuant to section 775.13 . . . On appeal, Celia argues that reversal is required because 1) the registration requirement of section 775.13 . . . Thus, if Celia complied with section 775.13, as he was supposed to, he is already or has been a registered . . . Registration under section 775.13 is not a direct consequence of the plea. . . . Therefore, registration under section 775.13 does not have any "effect on the range of the defendant’ . . .

UNITED STATES, v. SAINTAUDE, Jr., 56 M.J. 888 (A. Ct. Crim. App. 2002)

. . . Stat. ch. 775.13(1) (2001), which states that “convicted” means, as to registration of convicted felons . . .

STATE v. ORICK,, 807 So. 2d 759 (Fla. Dist. Ct. App. 2002)

. . . offense specified in this section, and who is also subject to the registration requirement imposed by s. 775.13 . . . The collection requirement of this section does not apply to a person as described in s. 775.13(6). . . . having been convicted of a felony, is a person subject to the registration requirements of section 775.13 . . . It is undisputed that none of the exemptions contained in section 775.13, Florida Statutes, apply to . . .

BURGOS, v. STATE, 765 So. 2d 967 (Fla. Dist. Ct. App. 2000)

. . . . • Burgos appeals a 1999 order requiring him to register as a felon pursuant to section 775.13(1), Florida . . . In the 1998 supplement to the 1997 Florida Statutes, the former section 775.13(1) became section 775.13 . . . The section 775.13(1) registration requirement in place at the time of defendant’s sentencing was thus . . .

STATE OF FLORIDA v. TRABER, 37 Fla. Supp. 2d 96 (Fla. Cir. Ct. 1989)

. . . Subsection (6) only extends the three year limitations period under section 775.13(2)(b) [sic] up to . . .

AMERICANS UNITED FOR SEPARATION OF CHURCH AND STATE, a L. v. SCHOOL DISTRICT OF THE CITY OF GRAND RAPIDS, a E., 717 F. Supp. 488 (W.D. Mich. 1989)

. . . Table 1) to 03 CO © OO Unrelated issue © © 03 CO Total to cn © OO Multiplied by © © X Pre-7/85 Hours 775.13 . . .

SHERLEY, v. STATE, 538 So. 2d 148 (Fla. Dist. Ct. App. 1989)

. . . Subsection (6) only extends the three year limitations period under section 775.13(2)(b) up to a three . . .

UNITED STATES v. MATASSINI, a k a E., 565 F.2d 1297 (5th Cir. 1978)

. . . . § 775.13, which requires persons convicted of a felony to register with the county sheriff upon entering . . . among others, “any person who [h]as received a full pardon for the offense for which convicted,” § 775.13 . . . restored to full and complete civil rights, a pardonee need not register as a felon, Fla.Stat.Ann. § 775.13 . . .

In BY FLORIDA BOARD OF BAR EXAMINERS-, 350 So. 2d 1072 (Fla. 1977)

. . . Section 112.011 (employment); Section 790.23(1) (firearms); Section 40.07(1) (jury); Section 775.13 ( . . .

A. SULLIVAN, E. L. v. O D. ASKEW,, 348 So. 2d 312 (Fla. 1977)

. . . released from a county jail in Florida is not exempt from the registration requirements of Florida Statute 775.13 . . .

HARNEY, v. UNITED STATES, 407 F.2d 586 (5th Cir. 1969)

. . . . § 775.13 (1965) makes the failure to register punishable by six months in county jail or fine of not . . .

DAVIS, v. STATE, 191 So. 2d 440 (Fla. Dist. Ct. App. 1966)

. . . with the-sheriff as a convicted felon, within 48 hours-after arrival in Dade County, in violation-of § 775.13 . . .