Tampa Sex Crimes Attorney for Sexual Predator Designation

Facing a sex crime accusation in Florida can destroy your reputation, career, and personal life—especially if you’re designated as a sexual predator under Florida Statute 775.21 (The Florida Sexual Predators Act). This label brings lifelong consequences, including public registration, social isolation, and restrictions on where you can live or work.

If you’re under investigation or have been charged with a sex crime in Tampa, Hillsborough, Pinellas, or Polk County, the time to act is now. Hiring an experienced sex crimes attorney immediately could mean the difference between freedom and a life-altering legal status.

At The Brancato Law Firm, P.A., led by Rocky Brancato—a Tampa attorney with over 25 years of experience and a background in an elite sex crimes unit—we specialize in defending those accused of sex crimes and fighting improper sexual predator designations.

What Is a Sexual Predator in Florida?

Under Florida law, a sexual predator is someone convicted of certain serious sexual offenses who meets strict legal criteria set by the court. Unlike a sexual offender designation, which is also serious, being labeled a sexual predator carries harsher restrictions and lifelong registration.

How Does Florida Classify Someone as a Sexual Predator?

There are several pathways through which someone can be designated as a sexual predator in Florida:

1. Conviction of a Qualifying Offense (Florida Statute 775.21(4)(a))

Certain crimes automatically qualify an individual for sexual predator status, including first-degree felony or above convictions for:

• Sexual battery (F.S. 794.011)
• Lewd or lascivious conduct involving minors (F.S. 800.04)
• Kidnapping or false imprisonment of a minor (F.S. 787.01, 787.02)
• Selling or buying of minors (F.S. 847.0145)
• Luring or enticing a child (F.S. 787.025)

The law applies to similar offenses committed in other jurisdictions.

2. Repeat Offenses

If you have a prior conviction for a similar sexual offense, a new conviction can automatically trigger the sexual predator designation, leading to harsher penalties and mandatory registration. Some charges that qualify with a prior conviction are:

• Failure to report sexual misconduct (S. 393.135 (2))
• Sexual misconduct by an employee of department on a patient (S. 394.4593 (2))

• Kidnapping or false imprisonment of a minor (F.S. 787.01, 787.02)

• Luring or enticing a child (S. 787.025 (2)(C))
• Human trafficking (S. 787.06 (3)(b), (d), (f), or (g))
• Sexual Battery (S. 794.011, excluding (10))
• Unlawful sexual activity with certain minors (S. 794.05)
• Lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age (S. 800.04)
• Lewd or lascivious offenses committed upon or in the presence of an elderly person or disabled person (S. 825.1025)
• Sexual performance by a child (S. 827.071)
• Computer pornography; prohibited computer usage; traveling to meet minor (S. 847.0135, excluding (6))
• Selling or buying of minors (S. 847.0145)
• Certain racketeering crimes with sexual motive ( 895.03)
• Sexual misconduct with a forensic client (S. 916.1075 (2))
• Sexual misconduct with a juvenile offender (S. 985.701 (1))

The law applies to similar offenses committed in other jurisdictions.

3. Civil Commitment as a Sexually Violent Predator

Even if you aren’t convicted of a new crime, Florida law allows courts to classify individuals as sexually violent predators based on psychological evaluations of future risk. This occurs after a person convicted of a qualifying offense finishes an incarcerative sentence.

Why You Need to Hire a Tampa Sex Crimes Attorney Immediately

If you’re facing sex crime allegations, hiring an experienced defense attorney immediately is critical. Once you’re labeled as a sexual predator, the consequences are severe and often permanent.

Attorney Rocky Brancato has a proven track record of defending clients accused of serious sex crimes. Early legal intervention can:

• Prevent or mitigate a sexual predator designation
• Seek reclassification as a sexual offender, which, while restrictive, is less damaging
• File motions to challenge improper designations through the courts

What Happens After You’re Designated as a Sexual Predator in Florida?

Being labeled as a sexual predator comes with strict legal requirements, some of which include:

1. Mandatory Registration with Law Enforcement (F.S. 775.21(6))

You must register with the Florida Department of Law Enforcement (FDLE) and provide:

• Personal identification information (name, age, race, etc.)
• Permanent, temporary, and transient addresses
• Employment details and vehicle ownership
• Internet identifiers (emails, social media handles)

2. Community Notification (F.S. 775.21(7))

• Law enforcement agencies notify residents and institutions within a 1-mile radius of your residence.
• Information about your offense becomes publicly available through state databases.

3. Employment and Residency Restrictions

• You cannot live within a certain distance of schools, parks, playgrounds, or childcare facilities.
• Employment restrictions prevent working near or with minors.

4. Additional Sentencing Requirements, such as electronic monitoring

Challenging an Improper Sexual Predator Designation

If you’ve been wrongly designated as a sexual predator, you don’t have to accept this outcome. At The Brancato Law Firm, P.A., we can:

• File a motion to challenge the designation under Rule 3.800 (a), Florida Rules of Criminal Procedure. See Saintelien v. State, 990 So. 2d 494 (Fla. 2008)(Rule 3.800 is the proper vehicle to challenge an improper sexual predator designation).
• Seek reclassification as a sexual offender (a less restrictive but still serious status)
• Advocate for reduced restrictions through post-conviction relief efforts

Case Victories: Real Results for Clients Facing Life-Altering Charges

Attorney Rocky Brancato has successfully defended clients accused of sex crimes in Florida’s most complex cases:

False Sexual Molestation Allegations in a Divorce Case

A military retiree was falsely accused of molesting his grandson during a contentious divorce. Through thorough investigation and cross-examination, Rocky Brancato proved the child had been coached by the accuser’s wife to gain leverage in the divorce.
Verdict: Not guilty.

False Allegations by a Child with Personal Motives

An uncle was accused of sexually battering his niece in a small family home. By personally inspecting the home and using cross-examination, Rocky Brancato demonstrated that the alleged offense would have been seen or overheard if it had actually occurred.
Verdict: Not guilty.

Mistaken Identity in a Cold-Case Sexual Battery

A man was accused of rape in a cold-hit DNA case from eight years earlier. Through extensive DNA analysis and collaboration with an expert geneticist, Rocky Brancato was able to have the charges dismissed.
Result: All charges dropped.

The Consequences of a Sexual Predator Designation Are Permanent

Being labeled as a sexual predator in Florida can:

• Destroy your professional career
• Severely limit housing options
• Subject you to constant law enforcement monitoring
• Make it nearly impossible to rebuild your reputation

Why Choose The Brancato Law Firm, P.A.?

• Over 25 years of experience handling complex sex crime cases
• Former member of an elite sex crimes unit
• Aggressive, personalized defense strategies for clients in Tampa, Hillsborough, Pinellas, and Polk counties
• Proven track record of winning cases and mitigating the most severe legal consequences

Contact an Experienced Tampa Sex Crimes Attorney Today

If you’ve been accused of a sex crime or wrongly designated as a sexual predator, don’t wait until it’s too late. 📞Call The Brancato Law Firm, P.A. today at (813) 592-8981 for a confidential consultation. We’ll help you fight for your future and work to minimize the devastating consequences of a sexual predator designation.

Time is critical. Contact us now to protect your rights and start building your defense.