Thinking About Moving to Florida After Being Removed from the Sex Offender Registry in Another State? Know the Risks Before You Pack

If your name has been removed from the sex offender registry in your home state, you might be considering a fresh start—and Florida may sound like the ideal destination. But before you relocate, there’s one legal issue that could catch you off guard: Florida may still require you to register as a sex offender, even if your home state doesn’t.

At The Brancato Law Firm, P.A., we represent individuals throughout Tampa Bay—including Hillsborough, Pinellas, and Polk Counties—who are shocked to learn that their past conviction can resurface the moment they step foot in Florida.

The Key Date: October 1, 1997—But It’s Not What You Think

Most people assume the critical date is when they were convicted. But under Florida Statute 943.0435, the real trigger is when you were released from any sanction related to your offense—and if that happened on or after October 1, 1997, Florida law may require you to register here, even if you’ve been removed from the registry elsewhere.

What counts as a sanction under Florida law?

• Incarceration

• Probation

• Parole

• Community control

• Conditional release

• Control release

• Even payment of fines

If you were released from any of these after October 1, 1997—even if your case was resolved long ago—you’re still within Florida’s registration net.

Why This Catches So Many Off Guard

Other states may allow individuals to be removed from their registry through a court petition, expiration of time, or good behavior. But Florida doesn’t automatically recognize that relief. Instead, the Florida Department of Law Enforcement (FDLE) looks at:

• The underlying offense, and

• The date of your release from any form of legal sanction

If both line up with Florida’s qualifying statutes and timeline, you are legally required to register within 48 hours of establishing either a permanent or temporary residence—even if you’re just visiting while house-hunting or staying with relatives.

Real Example: A Risky Move Nearly Becomes a Felony

A man contacted our firm after he was told by FDLE that he would need to register in Florida—despite being removed from the registry in his home state nearly a decade earlier. His offense occurred in the early 1990s, but he remained on probation until 1998. Because he was released from sanction after October 1, 1997, Florida law considered him a registrant for life.

He came within days of unintentionally committing a third-degree felony by failing to register within 48 hours of arrival.

Now, because he moved to Florida, he is once again classified as a sex offender and is required to register for the rest of his life. This designation could also carry over to other states if he ever decides to move again, since many states defer to Florida’s classification.

Don’t Assume You’re in the Clear—Check First

Before you move to Florida, here’s what to do:

• Contact a Florida sex crimes defense attorney experienced in registration issues.

• Review your release from sanction date, not just your conviction date.

• Determine if your offense matches any of Florida’s qualifying statutes.

• Assess whether you may still be classified as a sexual offender under Florida law—even if your name is no longer listed in your home state.

At The Brancato Law Firm, P.A., we can help you obtain a legal opinion or petition for relief before you take any steps that could result in criminal exposure.

Conclusion: Florida Doesn’t Forget—Even If Your Home State Has

If your release from court supervision or other sanctions occurred on or after October 1, 1997, Florida law likely applies to you. You could be subject to lifetime registration—even for an offense long thought resolved. A mistake here isn’t just inconvenient—it’s a felony.

Don’t risk your freedom on an assumption. Know your rights. Know the law. And know before you go.

Contact The Brancato Law Firm, P.A.
With over 25 years of criminal law experience, Tampa Attorney Rocky Brancato helps clients navigate complex sex offender registration issues across Hillsborough, Pinellas, and Polk counties. We can review your case and help you avoid unintended consequences before moving to Florida.

Call 813-592-8981

FAQ: Moving to Florida After Being Removed from the Sex Offender Registry in Another State

Does Florida honor sex offender registry removal from another state?

No. Florida does not automatically recognize a person’s removal from the sex offender registry in another state. Even if you no longer have to register elsewhere, you may still be required to register as a sex offender in Florida, depending on the nature of your original offense and when you were released from any form of court-ordered sanction.

If I was removed from the registry in my state, can I move to Florida without registering again?

Not necessarily. Under Florida law, if you were released from any sanction—such as probation, parole, or incarceration—on or after October 1, 1997, and your offense matches one of Florida’s qualifying statutes, you are legally required to register as a sex offender in Florida. Failure to register within 48 hours of establishing residence could result in felony charges.

What is considered a “sanction” under Florida sex offender registration law?

A “sanction” includes any form of legal supervision or punishment, including:

• Prison or jail time

• Probation

• Parole

• Community control

• Conditional release

• Payment of court fines

If you were released from any of these on or after October 1, 1997, Florida law may require you to register—even if your home state doesn’t.

Will I have to register in Florida if my conviction happened before 1997?

Maybe. The date of conviction doesn’t matter as much as the date of your release from sanction. If your offense occurred before 1997 but you were released from probation, incarceration, or any other legal sanction on or after October 1, 1997, Florida law can still require you to register.

How long would I have to register in Florida if I move there?

In most cases, registration is for life. Florida has very limited pathways for removal from the registry, and removal is not guaranteed. In addition, once you register in Florida, that designation could carry over to other states if you ever move again.

Can a Florida lawyer help me avoid registering if I’ve been removed in another state?

Yes. An experienced Florida criminal defense attorney—like Rocky Brancato at The Brancato Law Firm, P.A.—can:

• Review your case and offense history

• Analyze whether Florida law technically requires registration

• Petition the court or issue a legal opinion to clarify your status

• Help you avoid unintended legal violations when relocating

What happens if I don’t register after moving to Florida?

Failure to register as a sex offender in Florida is a third-degree felony, punishable by up to 5 years in prison. This applies even if you were no longer required to register in another state. Ignorance of the law is not a defense, so it’s critical to seek legal guidance before moving.