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The Jessica Lunsford Act

On May 2, 2005, Governor Bush signed legislation that significantly alters Florida’s Sexual Offender and Predator Registration Laws. Below you will find a summary of some of the key changes, most of which will go into effect on Sept. 1, 2005. Please note that any requirements listed are in addition to the current requirements outlined in F.S. 775.21 and F.S. 943.0435. Click on the link provided to read the Jessica Lunsford Act in its entirety.
 

New Requirements for Registrants

Beginning Dec. 1, 2005 - Sexual predators and offenders* must report in person twice a year (during the month of his/her birth month and in the 6th month thereafter) to the sheriff’s office in the county in which he or she resides. Failure to comply with this requirement is a 3rd degree felony.

* Please note: This requirement applies both to sexual predators and offenders who have been released from sanctions for their qualifying sex offense, as well as those currently under some form of supervision with the Department of Corrections.

Please refer to the chart below to determine the specified yearly re-registration months for sexual offenders/predators:

Re-registration Days, Times and Locations in Sarasota County

Effective Dec. 12, 2005, the hours for the Sexual Predator re-registration are from 12 p.m. to 4 p.m. Mondays, Wednesdays and Fridays at 2020 Main St, in Sarasota.

*All unregistered Sexual Predators must in register in accordance with Florida State law.
 

New / Increased Penalties*

*Please note: Penalties for violation of registration laws have been increased and may include months of incarceration.

Beginning Sept. 1, 2005
 

  • Failure to correctly respond to an Address Verification letter from FDLE by the specified date is a 3rd degree felony.
     

  • Valid vehicle and employment information must be provided to law enforcement during re-registration. Failure to comply with this requirement is a 3rd degree felony.
     

  • Provides a criminal offense for anyone attempting to hide sexual offenders or predators from law enforcement officials. Commission of this crime is a 3rd degree felony.


This could include:

  • Withholding information from, or not notifying, law enforcement about an offender’s or predator’s noncompliance and, if known, his or her whereabouts.
     

  • Harboring, attempting to harbor or assisting another person in harboring or attempting to harbor offenders/predators.
     

  • Concealing, attempting to conceal or assisting another person in concealing or attempting to conceal offenders/predators.
     

  • Providing information to law enforcement regarding offender(s) / predator(s) which the person knows to be false information.

Individuals designated as Sexual Predators on or after Sept. 1, 2005, must wait 30 years (from the date sanctions for the qualifying sex offense terminated) before petitioning a court to remove the designation. To qualify for relief, the Sexual Predator cannot be arrested for any reason (misdemeanor or felony) during the 30 year period and the relief must satisfy Wetterling Act requirements.

Provides a criminal offense for any person who alters, tampers, damages or destroys any court-ordered electronic monitoring equipment.

Raised the degree of seriousness for the offense of lewd or lascivious molestation on a child under 12. Beginning Sept. 1, 2005, when this offense is committed by someone 18 years of age or older it will be considered a life felony and carry a 25-year mandatory minimum term of imprisonment.

If the person convicted of this crime is eventually released from prison then the use of an electronic monitoring device is authorized for the remainder of their natural life.

Please note: The offense must be committed on or after Sept. 1, 2005 to qualify.

If a registered sexual predator or offender is rearrested for any offense, the court must make an informed decision as to the dangerousness of the person to the public before he or she may be released on bail.

Requires electronic monitoring for any person who is conditionally released from prison, for certain offenses, if his or her crime was committed on or after Sept. 1, 2005, and the victim was 15 years or younger. Offender must have been 18 years of age or older at the time of the offense to qualify.

The Department of Corrections will be required to develop a risk assessment system to monitor certain offenders placed on probation or community control.

Revises (expands) the requirements for registration as a repeat sexual predator in Florida.

Requires public and private misdemeanor probation entities to search each probationer against the Florida sexual offender registry.

Requires background screening for all contractual personnel who are permitted access on school grounds when students are present or have direct contact with students.