Section 943.0435 Florida Statutes - Sexual Offender Registration Requirement

In Major v. State, 814 So. 2d 424, 431 (Fla. 2000), the court defined direct consequences as those having a "definite, immediate and largely automatic effect on the range of the defendant's punishment." The sexual offender registration requirement of section 943.0435, Florida Statutes, fits within this definition. Section 943.0435(2)(a) requires the offender to report to the sheriff's office within forty-eight hours of release from custody; subsection (3)(a) requires registration at the Department of Highway Safety and Motor Vehicles within forty-eight hours after registration with the sheriff; and subsection (9) makes the failure to comply with these requirements a third-degree felony. Applying the Major criteria, the registration requirement is "definite" in that it is not conditional or contingent on any other event, "immediate" in that its requirements commence within forty-eight hours of release from custody, and has a "largely automatic effect on the range of punishment" in that failure to comply subjects the offender to arrest and prosecution for a third-degree felony. The registration requirement is applicable indefinitely and continues throughout the offender's lifetime to require reporting within forty-eight hours of any change in residence, employment, or status.