Florida criminal charge
Residency restriction for persons convicted of certain sex offenses in Florida
Residency restriction for persons convicted of certain sex offenses is a criminal offense under Florida law, defined by Fla. Stat. § 775.215. Its classification is not fixed: Florida assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Fla. Stat. § 775.215.
What is the penalty for residency restriction for persons convicted of certain sex offenses in Florida?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 5 years (Residency violation — underlying Florida conviction was felony of first degree or higher — A person violates the residency restriction and the underlying 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.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Residency violation — underlying Florida conviction was felony of first degree or higher — A person violates the residency restriction and the underlying 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.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 1 year (Residency violation — underlying Florida conviction was felony of second or third degree — A person violates the residency restriction and the underlying 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.; county jail, not state prison (s. 775.08(2))) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $1,000 (Residency violation — underlying Florida conviction was felony of second or third degree — A person violates the residency restriction and the underlying 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.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 5 years (Residency violation — underlying out-of-jurisdiction conviction substantially similar to felony of first degree or higher — A person violates the residency restriction and the underlying out-of-jurisdiction conviction resulted in a penalty substantially similar to a felony of the first degree or higher.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Residency violation — underlying out-of-jurisdiction conviction substantially similar to felony of first degree or higher — A person violates the residency restriction and the underlying out-of-jurisdiction conviction resulted in a penalty substantially similar to a felony of the first degree or higher.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 1 year (Residency violation — underlying out-of-jurisdiction conviction substantially similar to felony of second or third degree — A person violates the residency restriction and the underlying out-of-jurisdiction conviction resulted in a penalty substantially similar to a felony of the second or third degree.; county jail, not state prison (s. 775.08(2))) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $1,000 (Residency violation — underlying out-of-jurisdiction conviction substantially similar to felony of second or third degree — A person violates the residency restriction and the underlying out-of-jurisdiction conviction resulted in a penalty substantially similar to a felony of the second or third degree.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
Applies to current (2025 Florida Statutes).
How is residency restriction for persons convicted of certain sex offenses classified in Florida?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Residency violation — underlying Florida conviction was felony of first degree or higher | Felony of the Third Degree | A person violates the residency restriction and the underlying 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. | Fla. Stat. § 775.215(2)(b) |
| Residency violation — underlying Florida conviction was felony of second or third degree | Misdemeanor of the First Degree | A person violates the residency restriction and the underlying 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. | Fla. Stat. § 775.215(2)(b) |
| Residency violation — underlying out-of-jurisdiction conviction substantially similar to felony of first degree or higher | Felony of the Third Degree | A person violates the residency restriction and the underlying out-of-jurisdiction conviction resulted in a penalty substantially similar to a felony of the first degree or higher. | Fla. Stat. § 775.215(3)(b) |
| Residency violation — underlying out-of-jurisdiction conviction substantially similar to felony of second or third degree | Misdemeanor of the First Degree | A person violates the residency restriction and the underlying out-of-jurisdiction conviction resulted in a penalty substantially similar to a felony of the second or third degree. | Fla. Stat. § 775.215(3)(b) |
Common questions about residency restriction for persons convicted of certain sex offenses in Florida
Is residency restriction for persons convicted of certain sex offenses a felony or a misdemeanor in Florida?
It depends on the circumstances: residency restriction for persons convicted of certain sex offenses ranges from a Misdemeanor of the First Degree to a Felony of the Third Degree in Florida under Fla. Stat. § 775.215.
Residency violation — underlying Florida conviction was felony of first degree or higher: Felony of the Third Degree (Fla. Stat. § 775.215(2)(b)) · Residency violation — underlying Florida conviction was felony of second or third degree: Misdemeanor of the First Degree (Fla. Stat. § 775.215(2)(b)) · Residency violation — underlying out-of-jurisdiction conviction substantially similar to felony of first degree or higher: Felony of the Third Degree (Fla. Stat. § 775.215(3)(b)) · Residency violation — underlying out-of-jurisdiction conviction substantially similar to felony of second or third degree: Misdemeanor of the First Degree (Fla. Stat. § 775.215(3)(b))
What are the penalties for residency restriction for persons convicted of certain sex offenses in Florida?
Penalties for residency restriction for persons convicted of certain sex offenses in Florida depend on how it is classified — from a Misdemeanor of the First Degree up to a Felony of the Third Degree — with the ranges set by Fla. Stat. § 775.082; the full table of ranges by variant is published on this page.
Which Florida statute covers residency restriction for persons convicted of certain sex offenses?
Residency restriction for persons convicted of certain sex offenses is governed by Fla. Stat. § 775.215 (Residency restriction for persons convicted of certain sex offenses).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.