Sex Offender Probation in Florida

For sexually violent offenses, the prosecutor might make an offer that involves no prison time. Even if the offer has no jail time, you should carefully consider the consequences of agreeing to sex offender probation.

Many people on sex offender probation violate that probation. Any violation of probation can result in the court sentencing the individual to Florida State Prison for a term of years up to the statutory maximum for that charge.

The most serious sexually motivated crimes can result in lengthy prison sentences followed by a long term of probation. Those offenses include sexual battery, lewd and lascivious molestation, or crimes for possession of child pornography.

This article discusses the typical terms imposed on sex offender probation, including the standard conditions of sex offender probation and supervision in Tampa, Hillsborough County, FL.

The article also discusses why you need an experienced criminal defense attorney in Tampa, FL, if you are accused of a sex crime or violating the terms of sex offender probation.

Call 813-250-0500.

Special Conditions of Sex Offender Probation

The special conditions of sex offender probation include:

• Designation as Sexual Offender
  • That the defendant shall be deemed a Sexual Offender and shall fulfill all requirements of s. 943.0435, Florida Statutes.
•  Reporting to Probation Officer Requirement
  • That the defendant shall report as required by s. 943.0435(2), Florida Statutes, within 48 hours of release from incarceration/sentencing.
• Designation as a “Sexually Violent Offense”
  • Charges deemed to be a “sexually violent offense” under Sections 394.910 – 394.931, Florida Statutes, can result in the Involuntary Civil Commitment of Sexually Violent Predators.
  • The defendant might be considered for involuntary civil commitment as a sexually violent predator before release from any Florida State Prison sentence.
  • The defendant understands and agrees that the State may pursue any legal action against the defendant for involuntary civil commitment as a sexually violent predator at the discretion of the State and in accordance with governing Florida law.
  • This plea agreement does not prohibit, restrict or otherwise limit the ability of the State to seek an involuntary civil commitment against the defendant.
• Curfew
  • That the defendant shall abide by a mandatory curfew 10 p.m. to 6 a.m. [F.S. 948. 30(1)(a)].
•  Living Location
  • That the defendant shall not live within 1,000 feet of a school, daycare center, park, playground, or other place where children regularly congregate, as prescribed by the court.  [F.S. 948. 30(1)(b)].
• Sex Offender Treatment Program
  • That within thirty (30) days after release from incarceration/sentencing, the defendant shall enroll in and thereafter remain continuously enrolled in an outpatient sex offender treatment program at his expense.
  • The defendant shall actively participate in the treatment program until discharged by the therapist as having successfully completed the treatment program.  [F.S. 948. 30(1)(c)].
  • The defendant shall complete the outpatient sex offender treatment program within four (4) years of release from incarceration or sentencing unless additional time to complete the treatment program is recommended by the therapist and approved by the court.
• No Contact with the Victim
  • That the defendant shall not have any contact with the victim, directly or indirectly, including through a third person, for the duration of the sentence imposed.
  • The sentencing court may allow contact only upon a request by the victim made at any time after the victim has attained eighteen (18) years of age, and only if contact with the victim is approved by the defendant’s therapist.
  • The defendant shall not be allowed contact unless the sentencing court conducts an evidentiary hearing and determines that a change in circumstances has occurred that warrants a change in the court order prohibiting contact with the victim, and the court determines that contact is in the best interest of the victim.  [F.S. 948.30(1)(d) and F.S. 921.244].
• No Contact with Children
  • That the defendant shall have no contact with a child under the age of 18.  The sentencing court may approve supervised contact with a child under the age of 18 if the approval is based upon a recommendation for contact issued by a qualified practitioner who is basing the recommendation on a risk assessment.  [F.S. 948. 30(1)(e)]
•  No Working with Children
  • That he shall not work for pay or as a volunteer at any school, daycare center, park, playground, pet store, library, zoo or another place where children regularly congregate. [F.S. 948. 30(1)(f)].
• No Pornography
  • That he shall not view, own, or possess any obscene, pornographic, or sexually stimulating visual or auditory material, including telephone, electronic media, computer programs, or computer services that are relevant to the defendant’s deviant behavior pattern. [F.S. 948. 30(1)(g)].
• No Access to the Internet
  • That he shall not access the Internet or other computer service until the sex offender treatment program completes a risk assessment and approves and implements a safety plan for the offender’s accessing or using the Internet or other computer service.  [F.S. 948.30(h)].
• Provide DNA Sample
  • That he shall provide a specimen of blood or other approved biological specimen to the Florida Department of Law Enforcement to be registered with the DNA data bank.  [F.S. 943.325/948. 30(1)(i)].
• Restitution for Psychological Counseling
  • That he shall make restitution to the victim for all necessary medical and related professional services relating to physical, psychiatric, and psychological care. [F.S. 948. 30(1)(j)].
• Warrantless Searches
  • That he shall submit to warrantless searches by the community control or probation officer of the defendant’s person, residence, or vehicle. [F.S. 948. 30(1)(k)].
• Submit to Polygraph Examinations
  • That as part of his treatment program, he shall participate at least annually in polygraph examinations to obtain information necessary for risk management and treatment and to reduce the defendant’s denial mechanisms.
  • All polygraph examinations must be conducted by a polygrapher trained specifically in the use of the polygraph for the monitoring of sex offenders and shall be paid for by the defendant.
  • The results of the polygraph examination shall not be used as evidence in court to prove that a violation of community supervision has occurred. [F.S. 948. 30(2)(a)].
• Driving Log and Travel Restrictions
  • That he shall maintain a driving log and shall not operate a motor vehicle alone without the prior approval of the community control or probation officer. [F.S. 948. 30(2)(b)].
• No Post Office Box
  • That he shall not obtain or use a post office box without the prior approval of the community control or probation officer. [F.S. 948. 30(2)(c)].
• Submit for HIV Testing
  • That he shall submit to an HIV test at his expense.  The results are to be released to the victim and/or the victim’s parent or guardian. [F.S. 948. 30(2)(d)].
• Submit to Mandatory Electronic Monitoring
  • That he shall be subject to mandatory electronic monitoring pursuant to Section 948.30(3) Florida Statutes.
• Pay Court Costs, Fines, and Expenses
  • That he shall pay costs in an amount to be set by the Court. That he shall pay an additional court cost of $151.00 pursuant to F.S. 938.10, for crimes against minors. (victim a minor and violation of 784.085, 787, 794, 796.03, 800.04, 827, 847.0145, 985.4045). That he shall pay costs of prosecution in the amount of $150.
• Submit to Psychological or Mental Health Assessment
  • That within thirty (30) days after release from incarceration/sentencing, he shall submit to a Psychological/Mental Health Assessment and shall follow through with any treatment recommended by the evaluator, at his expense.
  • He shall complete any recommended treatment within three (3) years of release from incarceration/sentencing.
• Submit to Random Drug Testing
  • That he shall present himself for random testing for the presence of drugs at the request of the community control or probation officer.
• Perform Community Service
  • That he shall perform 100 hours of community service to be completed within the first five (5) years of supervision at the minimum rate of eight (8) hours per month.

For more information on defending individuals charged with sex crimes contact an experienced criminal defense attorney at the Sammis Law Firm. We represent clients charged with sexually motivated crimes.

We also represent clients accused of violating probation, including violations of the special conditions of sex offender probation.

Call (813) 250-0500 today.

This article was last updated on Thursday, March 16, 2023.