11.15(g) FAILURE BY A SEXUAL PREDATOR TO COMPLY WITH REGISTRATION REQUIREMENTS (FAILURE TO REPORT CHANGE OF NAME OR ADDRESS WITHIN THE STATE OR JURISDICTION)

To prove the crime of Failure by a Sexual Predator to Comply with Registration Requirements, the State must prove the following three elements beyond a reasonable doubt:

Give 1a or 1b as applicable.

1. (Defendant)

a. is a sexual predator.

b. has agreed or stipulated that [he] [she] has been convicted as a sexual predator; therefore, you should consider the sexual predator status element as proven by agreement of the parties.

If the defendant offers to stipulate, the court must accept the offer after conducting an on-the-record colloquy with the defendant. See Brown v. State, 719 So. 2d 882 (Fla. 1998); Johnson v. State, 842 So. 2d 228 (Fla. 1st DCA 2003). If there is a stipulation, the court should not give the definition of “sexual predator” or “convicted.”

2. (Defendant) [established] [maintained] a [permanent] [temporary] [transient] residence in (name of county) County, Florida.

Give as applicable.

3. (Defendant)

a. knowingly failed to report a change in [his] [her] [permanent, temporary, or transient residence] [name, by reason of marriage or other legal process] within 48 hours after the change, in person, to a driver’s license office, when [his] [her] driver’s license or identification card was subject to renewal.

b. was unable to secure or update a driver license or an identification card with the Department of Highway Safety and Motor Vehicles, and [he] [she] knowingly failed to report any change in [his] [her] [permanent, temporary, or transient residence] [name, by reason of marriage or other legal process] within 48 hours after the change, in person, to the office of the sheriff of (name of county) County.

c. knowingly failed to report an in-state travel residence, within 48 hours after establishing the residence, either through the Department of Law Enforcement’s online system or in person to an office of the sheriff of (name of county) County.

d. was in the custody or control of the Department of [Corrections] [Juvenile Justice] and knowingly failed to report an in-state travel residence within 48 hours after establishing the residence, in person, at the Department of [Corrections] [Juvenile Justice].

e. vacated a permanent, temporary, or transient residence, and failed to establish or maintain another permanent, temporary, or transient residence, and knowingly failed to report in person to the office of the sheriff of (name of county) County within 48 hours after vacating the permanent, temporary, or transient residence.

f. vacated a permanent, temporary, or transient residence and failed to establish or maintain another permanent, temporary, or transient residence, and knowingly failed to report in person to the office of the sheriff of (name of county) County the[date upon which [he] [she] vacated the residence] [updated information regarding (insert necessary registration information)] [an address for the residence or other place where [he] [she] was or would be located during the time that [he] [she] failed to establish or maintain a permanent or temporary residence.

g. remained at a permanent, temporary, or transient residence after having reported [his] [her] intent to vacate such residence, and knowing failed to report in person to the office of the sheriff of (name of county) County [his] [her] address within 48 hours after the date upon which [he] [she] indicated [he] [she] would or did vacate such residence.

There is no statute for the defense of being misinformed or otherwise prevented from registering, and the case law is silent as to (1) which party bears the burden of persuasion of the affirmative defense and (2) the standard for the burden of persuasion. Under the common law, defendants had both the burden of production and the burden of persuasion on an affirmative defense by a preponderance of the evidence. In the absence of case law, trial judges must resolve the issue via a special instruction. See the opinion in Dixon v. United States, 548 U.S. 1 (2006), for further guidance.

If burden of persuasion is on the defendant:

If you find that (defendant) proved (insert appropriate burden of persuasion) that the [office of the sheriff] [Department of Highway Safety and Motor Vehicles] [Department of Law Enforcement] misinformed [him] [her] or otherwise prevented [him] [her] from complying with the registration requirements, you should find [him] [her] not guilty. If the defendant did not prove (insert appropriate burden of persuasion) that the [office of the sheriff] [Department of Highway Safety and Motor Vehicles] [Department of Law Enforcement] misinformed [him] [her] or otherwise prevented [him] [her] from complying, you should find [him] [her] guilty if all the elements of the charge have been proven beyond a reasonable doubt.