11.17 UNLAWFUL RESIDENCY BY A SEX OFFENDER

To prove the crime of Unlawful Residency by a Sex Offender, the State must prove the following four elements beyond a reasonable doubt:

1. (Defendant) was convicted of

Give a or b as applicable.

a. Florida Statute [794.011] [800.04] [827.071 [847.0135(5)] [847.0145]

b. a crime in another jurisdiction other than the State of Florida that is similar to Florida Statute [794.011] [800.04] [827.071] [847.0135(5)] [847.0145]

2. The victim of that crime was less than 16 years of age when the crime was committed.

3. Give as applicable.

a. The date that the crime occurred for the defendant’s conviction of Florida Statute [794.011] [800.04] [827.071] [847.0135(5)] [847.0145] was on or after October 1, 2004, but before July 1, 2026.

b. The date that the crime occurred for the defendant’s conviction in another jurisdiction that is similar to Florida Statute [794.011] [800.04] [827.071] [847.0135(5) [847.0145] was on or after May 26, 2010, but before July 1, 2026.

c. The date that the crime occurred for the defendant’s conviction of Florida Statute [794.011] [800.04] [827.071] [847.0135(5)] [847.0145] was on or after July 1, 2026.

d. The date that the crime occurred for the defendant’s conviction in another jurisdiction that is similar to Florida Statute [794.011] [800.04] [827.071] [847.0135(5) [847.0145] was on or after July 1, 2026.

Give as applicable. The alternative of “public swimming pool” became effective on July 1, 2026

4. a. After the conviction, (defendant) resided within 1,000 feet of a [school] [child care facility] [park] [playground] [public swimming pool].

b. After the conviction and on or after July 1, 2026, (defendant) changed his permanent residence to reside within 1,000 feet of a [school] [child care facility] [park] [playground] [public swimming pool].

As of September 2026, it was undetermined whether residence before establishment or removal from the requirement to register prior to the alleged residence violation is an affirmative defense or an element. If an affirmative defense, the defendant must meet his or her burden of production. The trial court will then have to decide which party bears the burden of persuasion and what the burden of persuasion should be (preponderance, clear and convincing, beyond a reasonable doubt).

It is not a crime for (defendant) to have lived within 1,000 feet of a [school] [child care facility] [park] [playground] [public swimming pool], if you find that (defendant) resided there before the [school] [child care facility] [park] [playground] [public swimming pool] was established. (Insert appropriate burden of persuasion allocated to appropriate party).

It is not a crime for (defendant) to have lived within 1,000 feet of a [school] [child care facility] [park] [playground] [public swimming pool], if you find that prior to the alleged residence violation, (defendant) had been removed from the requirement to register as a sexual offender or a sexual predator. (Insert appropriate burden of persuasion allocated to appropriate party).

Give if applicable and provide a special verdict. See Fla. Stat. 775.215(2)(b).

If you find the defendant guilty of Unlawful Residency by a Sex Offender, you must then determine in your verdict whether the State has proven beyond a reasonable doubt that the conviction for Fla. Stat. [794.011] [800.04] [827.071] [847.0135(5)] [847.0145] [was classified as a felony of the [first degree or higher] [second or third degree].

Give if applicable and provide a special verdict. See Fla. Stat. 775.215(3)(b).

If you find the defendant guilty of Unlawful Residency by a Sex Offender, you must then determine in your verdict whether the State has proven beyond a reasonable doubt that the conviction in the other jurisdiction for the crime that was similar to Fla. Stat. [794.011] [800.04] [827.071] [847.0135(5)] [847.0145] resulted in a penalty that is substantially similar to a felony of the [first degree or higher] [second or third degree].