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Florida Statute 943.04354 | Lawyer Caselaw & Research
F.S. 943.04354 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 943.04354

The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 943
DEPARTMENT OF LAW ENFORCEMENT
View Entire Chapter
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 from cite.case.law:

WROMAS, Jr. v. STATE, 239 So. 3d 748 (Fla. App. Ct. 2018)

. . . We also conclude that, although the defendant met the requirements specified under section 943.04354, . . . discretion by determining that the defendant was not an appropriate candidate for relief under section 943.04354 . . . Section 943.04354 specifies the criteria necessary to be eligible for consideration for removal from . . . offender registry filed by an offender who meets the criteria under the statute is discretionary, see § 943.04354 . . .

WROMAS, Jr. v. STATE, 208 So. 3d 218 (Fla. Dist. Ct. App. 2016)

. . . removal of the requirement to register as a sexual offender under the “Romeo and Juliet Law,” section 943.04354 . . . 2009 request for removal of designation also does not preclude considering his most recent request. § 943.04354 . . .

P. MATOS, v. STATE, 184 So. 3d 1194 (Fla. Dist. Ct. App. 2015)

. . . Michael Matos appeals the denial of his petition under section 943.04354, Florida Statutes (2011), the . . . Section 943.04354(2) specifies that if an offender meets all the criteria for removal,' the court “may . . . the trial court’s determination that Matos is not an appropriate candidate for relief under section 943.04354 . . . Section 943.04354(2) specifies that removal from the registry must not conflict with federal law. . . .

K. HORTON, III, v. STATE, 127 So. 3d 825 (Fla. Dist. Ct. App. 2013)

. . . See § 943.04354, Fla. Stat. (2013). We affirm the trial court’s dismissal of Mr. . . . See § 943.04354(3)(b). . . .

L. CALHOUN, v. STATE, 158 So. 3d 610 (Fla. Dist. Ct. App. 2013)

. . . This affirmance is without prejudice to Calhoun’s right to file a petition under section 943.04354, Florida . . .

STATE v. CARAGOL,, 120 So. 3d 641 (Fla. Dist. Ct. App. 2013)

. . . Ten years later, he petitioned to have that registration requirement removed pursuant to section 943.04354 . . . The Legislature enacted section 943.04354, Florida Statutes (in 2007, which makes it a relatively new . . . See § 943.04354(l)(c), Fla. . . . .”); § 943.04354(3)(b), Fla. . . . See § 943.04354(3)(b), Fla. . . .

P. MATOS, v. STATE, 111 So. 3d 964 (Fla. Dist. Ct. App. 2013)

. . . As required by section 943.04354, Florida Statutes (commonly referred to as the Romeo and Juliet statute . . . See § 943.04354(3)(b), Fla. . . . However, section 943.04354 permits a defendant to petition for removal of the registration requirement . . . The language of section 943.04354(3)(b), Florida Statutes (2011), suggests that a hearing should be held . . . request for removal even where a defendant demonstrates that he meets all of the statutory criteria. § 943.04354 . . .

MARTINEZ, v. STATE, 111 So. 3d 915 (Fla. Dist. Ct. App. 2013)

. . . Section 943.04354 was enacted in 2007; the subsection describing the persons eligible for consideration . . . Martinez was not eligible for consideration under section 943.04354. . . . We conclude, however, that he is entitled to have one hearing pursuant to section 943.04354 where the . . . Subsections 943.04354(2) and (3) state that a person who is denied removal of this requirement cannot . . . Section 943.04354(3), Florida Statutes (2008) provides: (3)(a) This subsection applies to a person who . . .

VANN, v. STATE, 99 So. 3d 633 (Fla. Dist. Ct. App. 2012)

. . . appellant had to establish he was “not more than 4 years older than the victim” pursuant to section 943.04354 . . .

STATE v. WHITT,, 96 So. 3d 1125 (Fla. Dist. Ct. App. 2012)

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

J. DUKHARAN, v. STATE, 96 So. 3d 454 (Fla. Dist. Ct. App. 2012)

. . . Dukharan appeals an order denying his motion filed under section 943.04354, Florida Statutes (2010), . . . See § 943.04354(3)(a)(l); cf. Clark v. State, 95 So.3d 986 (Fla. 2d DCA 2012). . . . See § 943.04354(1)(c); State v. Welch, 94 So.3d 631 (Fla. 2d DCA 2012). . . .

CLARK, v. STATE, 95 So. 3d 986 (Fla. Dist. Ct. App. 2012)

. . . See § 943.04354(2). He is not eligible to file a petition after sentencing. See § 943.04354(3). Mr. . . . See § 943.04354(2); see also Miller v. . . . Clark, section 943.04354 is complex, and he has filed his petition under subsection (3) when it should . . . See § 943.04354(2). . . . See § 943.04354(3). Because Mr. . . .

STATE v. WELCH,, 94 So. 3d 631 (Fla. Dist. Ct. App. 2012)

. . . filed a petition for removal of the requirement to register as a sexual offender pursuant to section 943.04354 . . . Section 943.04354 provides as follows: (1) For purposes of this section, a person shall be considered . . . registry only if the offender “[i]s not more than 4 years older than the victim of this violation.” § 943.04354 . . . 1223, 1225 (Fla. 3d DCA 2011) (determining that the defendant did not meet the requirement of section 943.04354 . . . 1109, 1110 (Fla. 5th DCA 2011) (determining that the defendant did not meet the requirement of section 943.04354 . . . A plain reading of section 943.04354(l)(c), Florida Statutes (2010), and the Florida Supreme Court’s . . .

STATE v. SAMUELS,, 76 So. 3d 1109 (Fla. Dist. Ct. App. 2011)

. . . Procedure arguing that he is exempt from the sexual offender registration requirement under section 943.04354 . . . The statute provides: 943.04354 Removal of the requirement to register as a sexual offender or sexual . . . The trial court granted the motion, concluding that Samuels had demonstrated that section 943.04354 was . . . “If a defendant is one day past the four-year eligibility limit prescribed by section 943.04354 of the . . .

STATE v. MARCEL,, 67 So. 3d 1223 (Fla. Dist. Ct. App. 2011)

. . . Seven years after the offense, the Florida Legislature added section 943.04354 to the Florida Statutes . . . See § 943.04354, Fla. Stat. (2007); Miller v. State, 17 So.3d 778, 781 (Fla. 5th DCA 2009). . . . .” § 943.04354(l)(c), Fla. Stat. (2007). . . . disagreement in this case revolves around the application of the phrase “not more than” in section 943.04354 . . . If a defendant is one day past the four-year eligibility limit prescribed by section 943.04354 of the . . .

ADAMS, v. STATE, 37 So. 3d 953 (Fla. Dist. Ct. App. 2010)

. . . County to remove the requirement that he register as a sexual offender in Florida pursuant to section 943.04354 . . . of age or older but not more than 17 years of age at the time the person committed this violation. § 943.04354 . . . The trial court denied Adams’ petition based on its determination that section 943.04354 was limited . . . We hold that litigating under section 943.04354(1) was premature. . . . Section 943.0435(1 l)(b), Florida Statutes (2007), provides: (II) Except as provided in s. 943.04354, . . .

SIMMONS, v. STATE, 25 So. 3d 638 (Fla. Dist. Ct. App. 2009)

. . . to remove the requirement that he register as a sexual offender which was filed pursuant to section 943.04354 . . . See § 943.04354(l)(a) (permitting a defendant to seek relief if he was convicted of violating section . . . However, section 943.04354 permits the defendant to petition the sentencing court for removal from the . . .

COURSON, v. STATE, 24 So. 3d 1249 (Fla. Dist. Ct. App. 2009)

. . . designation and argues that he qualifies for exemption from the registration requirements under section 943.04354 . . . offenders.’ ” The State argues that, because Appellant has convictions in two separate cases, section 943.04354 . . . Section 943.04354, Florida Statutes, provides for removal of the requirement for registration as a sexual . . . Section 943.04354 provides: (1) For purposes of this section, a person shall be considered for removal . . . Section 943.04354 includes a requirement that “the person does not have any other conviction, adjudication . . .

MILLER, v. STATE, 17 So. 3d 778 (Fla. Dist. Ct. App. 2009)

. . . filed a motion requesting that he be removed from the sex offender registry as permitted in section 943.04354 . . . he entered his plea did not require proof that the act in question was not consensual; that section 943.04354 . . . The trial court acknowledged that section 943.04354, Florida Statutes, makes no direct reference to a . . . However, under section 943.04354, a new law, effective July 1, 2007, a defendant designated as a sexual . . . Specifically, section 943.04354, provides: (1) For purposes of this section, a person shall be considered . . .