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Florida statute

Fla. Stat. § 775.215 — Residency restriction for persons convicted of certain sex offenses

Current through 2025 Florida Statutes

Part of Chapter 775: General Penalties; Registration of Criminals, Florida Statutes.

Criminal charges under this statute

Full text of Fla. Stat. § 775.215

Statutory text current through the 2025 Florida Statutes. This publication reproduces the official statutory text; it is not the official statutes of the State of Florida.

Fla. Stat. § 775.215Primary source, current through the 2025 Florida Statutes
(1) As used in this section, the term:(a) “Child care facility” has the same meaning as provided in s. 402.302.(b) “Park” means all public and private property specifically designated as being used for recreational purposes and where children regularly congregate.(c) “Playground” means a designated independent area in the community or neighborhood that is designated solely for children and has one or more play structures.(d) “School” has the same meaning as provided in s. 1003.01 and includes a private school as defined in s. 1002.01, a voluntary prekindergarten education program as described in s. 1002.53(3), a public school as described in s. 402.3025(1), the Florida School for the Deaf and the Blind, and the Florida Virtual School established under s. 1002.37 but does not include facilities dedicated exclusively to the education of adults. (2)(a) A person who has been convicted of a violation of s. 794.011, s. 800.04, s. 827.071, s. 847.0135(5), or s. 847.0145, regardless of whether adjudication has been withheld, in which the victim of the offense was less than 16 years of age, may not reside within 1,000 feet of any school, child care facility, park, or playground. However, a person does not violate this subsection and may not be forced to relocate if he or she is living in a residence that meets the requirements of this subsection and a school, child care facility, park, or playground is subsequently established within 1,000 feet of his or her residence.(b) A person who violates this subsection and whose 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 commits a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083. A person who violates this subsection and whose 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 commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.(c) This subsection applies to any person convicted of a violation of s. 794.011, s. 800.04, s. 827.071, s. 847.0135(5), or s. 847.0145 for offenses that occur on or after October 1, 2004, excluding persons who have been removed from the requirement to register as a sexual offender or sexual predator pursuant to s. 943.04354. (3)(a) A person who has been convicted of an offense in another jurisdiction that is similar to a violation of s. 794.011, s. 800.04, s. 827.071, s. 847.0135(5), or s. 847.0145, regardless of whether adjudication has been withheld, in which the victim of the offense was less than 16 years of age, may not reside within 1,000 feet of any school, child care facility, park, or playground. However, a person does not violate this subsection and may not be forced to relocate if he or she is living in a residence that meets the requirements of this subsection and a school, child care facility, park, or playground is subsequently established within 1,000 feet of his or her residence.(b) A person who violates this subsection and whose conviction in another jurisdiction resulted in a penalty that is substantially similar to a felony of the first degree or higher commits a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083. A person who violates this subsection and whose conviction in another jurisdiction resulted in a penalty that is substantially similar to a felony of the second or third degree commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.(c) This subsection applies to any person convicted of an offense in another jurisdiction that is similar to a violation of s. 794.011, s. 800.04, s. 827.071, s. 847.0135(5), or s. 847.0145 if such offense occurred on or after May 26, 2010, excluding persons who have been removed from the requirement to register as a sexual offender or sexual predator pursuant to s. 943.04354.

Official sources

Legal terms used in this section

Questions this section answers

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))

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).

This reference is informational and is not legal advice.