In Florida, any person who has been convicted of a felony, without regard to whether adjudication was withheld, must register with the Sheriff of the county of their residence as a convicted felon. The failure to do so is punishable as a second-degree misdemeanor in most circumstances. This means a conviction for this crime carries a maximum sentence of 60 days in county jail and/or 180 days of probation.
In some circumstances, it is punishable as a third-degree felony. If the underlying felony was related to gang activity, the failure to register as a convicted felon will subject the person to up to 5 years in prison and/or 5 years of supervision.
If the person already has to register as a sexual predator, sexual offender, or a career offender, they do not have to double-up on their registration. It also does not apply to anyone who has had their civil rights restored, received a pardon, is more than 5 years removed from the completion of their sentence, or is a person currently on Federal probation or parole.
If you or a loved one has been arrested for the failure to register as a convicted felon, give board certified criminal trial lawyer Adam Bantner a call today at 813.397.3965. He helps those charged with crimes in Hillsborough, Polk, Pasco, and Manatee counties. Call now to set up your free consultation!
Fla. Stat. 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.
Adam Bantner – Criminal Defense Attorney at Law
If you are in need of an expert criminal defense attorney specializing in legal defense against DUI, traffic, criminal, violent crime charges, or a personal injury – you’ll find it here.
Adam L. Bantner, II is a Board Certified Criminal TrialAttorney representing those accused of crimes in Hillsborough and Polk counties. He is the Past President of the Hillsborough County Association of Criminal Defense Attorneys., is a Super Lawyers Rising Star, and AVVO rated “Superb.” Adam is a member of Valrico Law Group.
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Adam Bantner, II is a Board Certified Criminal Trial Law Attorney representing those accused of crimes in Hillsborough and Polk Counties. When you are facing criminal charges, you want an expert in your corner. The Florida Bar has recognized Adam as an expert criminal defense attorney.
I have been defending the accused since 2006 and am Past President of the Hillsborough County Association of Criminal Defense Attorneys.
I have tried over 30 jury trials, on charges ranging from driving on a suspended license to murder.
In addition, I am a Brandon personal injury attorney. If you’ve been injured through no fault of your own, give me a call to see how we can help!
I approach each case on the principle that every client deserves zealous representation, with attention to detail and to their individualized needs. My mission is to get the best possible result for every client, in every case, every time. Give me a call to see how I can assist you to get the best results in your case. I are here to help.