Florida Court Errors in Sex Offender Registry Removal Cases

How this Decision Impacts Your Tampa, Florida Sex Offender Registry Removal Case

By The Brancato Law Firm, P.A. | Tampa’s Trusted Sex Crimes Defense Firm

If you’re in Tampa Bay and aiming for removal from the Florida sex offender registry, recent court decisions demand your attention. Understanding these rulings—and the critical errors within them—is vital. While a case like State v. Perdomo saw the State’s petition dismissed, the deeper issue for the Second District Court of Appeal is a pattern they are growing frustrated with: courts are frequently applying outdated laws.

This misapplication of Florida’s sex offender registry law might seem like a win if it leads to someone’s removal. However, it’s a precarious victory. Relying on old statutes can create a legal minefield, potentially leading to future challenges and jeopardizing your freedom.

At The Brancato Law Firm, P.A., we specialize in Florida sex offender registry removal in Tampa. We meticulously ensure your petition adheres to the current law, because even a minor oversight can have devastating consequences.

The Perdomo Pitfall: A Case of Outdated Law for Florida Sex Offender Removal

In State v. Perdomo, No. 2D2024-0857 (Fla. 2d DCA May 16, 2025), a trial court approved a petition for sex offender registry removal. The problem? The court incorrectly used an old version of Florida Statute § 943.0435 – one that permitted removal after only 20 years.

This is no longer the law.

As of October 1, 2024, the correct Florida Statute § 943.0435 mandates:

• 25 years of offense-free conduct after release from incarceration or supervision.
• No new arrests or convictions during this 25-year period.
• No disqualifying offenses, such as sexual battery under § 794.011(5), Fla. Stat.

Due to the 2014 Florida Supreme Court decision in LaFave v. State (149 So. 3d 662), the State couldn’t directly appeal the trial judge’s mistake in Perdomo. However, the appellate court didn’t ignore the error. It issued a clear statement: courts must apply the current version of the law, without exception.

A Disturbing Trend: The Courts’ Message on Florida Sex Offender Removal

This isn’t an isolated incident. A similar mistake occurred in State v. Korson, 50 Fla. L. Weekly D689 (Fla. 2d DCA Mar. 26, 2025). Again, the trial court used the wrong, outdated statute. While the appellate court dismissed that case too, it took the opportunity to underscore the importance of applying the correct law.

The message from these appellate decisions is crystal clear:

“Section 943.0435 is procedural and must be applied in its current form—even if the offense happened decades ago.”

This isn’t about what feels “fair”; it’s about strict adherence to what the current law demands for Florida sex offender registry removal, a critical issue for many in Tampa.

What This Means for Your Tampa Bay, Florida Registry Removal Case

If you are on Florida’s sex offender registry and seek removal, your petition must comply with today’s statute. This means:

1. 25 years must have passed since your release or the end of your supervision.
2. You must have no new arrests during that 25-year timeframe.
3. You must not have a disqualifying conviction (like adult sexual battery).

If your attorney uses outdated rules for your Florida sex offender registry removal in Tampa, you might achieve a temporary “win.” However, this leaves you vulnerable to future legal challenges. Worse, an incorrectly handled petition could lead to a denial of relief you were actually eligible for.

Why Tampa Bay Trusts The Brancato Law Firm for Sex Offender Registry Cases

When it comes to Florida sex offender registry removal in Tampa, experience and precision matter. The Brancato Law Firm, P.A., is Tampa’s authority in sex crimes defense and registry relief. Here’s why clients and even other attorneys turn to us:

• Over 25 years of dedicated criminal defense experience, specializing in major sex crimes and post-sentence relief.
• Our founder, Rocky Brancato, is the former Chief Operations Officer at the Hillsborough Public Defender’s Office, where he oversaw more than 100 attorneys and over 200 staff members.
• Rocky spent years working in a specialized sex crimes unit where he learned advanced techniques that can only be learned through being immersed in serious, complex sex crimes cases over an extended period of time.
• We possess in-depth knowledge of § 943.0435 and diligently track every statutory change and relevant case law.
• We are skilled in challenging predator designations, helping you reclaim your life.
• We don’t just file paperwork; we fight for tangible, lasting results.
• Rocky wrote the book on what a major crimes attorney should be. Get your free copy of How to Choose a Major Crimes Attorney – or Any Criminal Defense Attorney for That Matter.

Pathways to Registry Removal in Florida

Florida law offers limited avenues for removal from the sex offender registry:

1. 25-Year Statutory Petition: Requires strict adherence to § 943.0435(11).
2. Romeo and Juliet Exception: Applicable to specific consensual relationships involving minors (§ 943.04354).
3. Governor’s Clemency or Pardon: This is a rare option but potentially viable with a compelling case.

We provide honest assessments. If you’re not eligible for removal, we’ll tell you directly. If you are, we build your case correctly from the outset, focusing on the nuances of Florida sex offender registry removal in Tampa.

Want to dive deeper? Read our comprehensive guide:  How to Get Off the Florida Sex Offender Registry and Withheld Adjudication and Sex Offender Registry. 

Work With Tampa’s Leading Sex Crimes Attorney

The legal landscape for sex offender registry removal is complex and constantly evolving. Judges are under scrutiny to apply the law correctly—but errors still happen. You need a Tampa Bay law firm that thoroughly understands the current statutes and the serious implications of any misstep.

The Brancato Law Firm, P.A., expertly handles:

• Petitions for Florida sex offender registry removal in Tampa
• Challenges to predator designations
• Postconviction motions (Florida Rule 3.800(a))
• Comprehensive sex crimes defense (trial and appeal)

Call us today for a consultation in Tampa Bay: (813) 727-7159

Or visit our websites: Tampa Sex Crimes Attorney and www.brancatolawfirm.com

The Bottom Line for Your Tampa Bay Registry Case

If you’re eligible for removal from Florida’s sex offender registry, you likely have only  one chance to get it right. Don’t risk your future by relying on outdated legal information or a general defense firm. Choose the Tampa team that leads the field in sex crimes defense and understands the high stakes involved in Florida sex offender registry removal in Tampa.

We aren’t just another law firm. We are the firm other attorneys consult when the case truly matters. Contact The Brancato Law Firm today.