New Florida Law Creates Harsh Minimum Sentences for Repeat Sex Offenders

October 9, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

A new Florida law, HB 1455, creates harsh new mandatory minimum sentences for sex offenders who commit certain additional sex offenses after they are released from custody.

In Florida, the criminal penalties for sex offenses are very serious. But for those convicted of re-offending, the potential prison time they face is now significantly increased. This is due to a new law – HB 1455.

This blog will discuss the passage of HB 1455 and its impact on sentencing for various sex offenses in Florida.

House Bill (HB) 1455 was passed by the Florida Legislature and signed by Governor Ron DeSantis in early 2025. It goes into effect on October 1, 2025. The law establishes new, heavy mandatory minimum sentences for anyone registered as a sexual offender or sexual predator if they are convicted of an additional sexual offense.

Someone is required to register as a sexual offender under Fla. Stat. 943.0435 if they were convicted of (or pled guilty/no contest to) any of the following offenses in Florida or another jurisdiction:

• Sexual misconduct
• Kidnapping of a minor victim
• False imprisonment of a minor victim 
• Luring or enticing a child
• Human trafficking
• Lewd or lascivious offenses (except if Romeo and Juliet exemption was granted) 
• Sexual battery
• Possession or transmission of child pornography

Moreover, someone is designated a sexual offender if any of the following are true:

• The person has been released from or is currently serving parole, probation or incarceration for a qualifying sex offense after October 1, 1997
• The person has established or maintained a residence in Florida and has a requirement to register or would have to register as a sexual offender in another jurisdiction

Someone is also considered a sexual offender under HB 1455 if they were adjudicated delinquent on or after July 1, 2007, for one of the following offenses (if they were 14 years old or older at the time): 

• Sexual battery 
• Lewd and lascivious battery with a victim under 12 or sexual activity by force or coercion 
• Lewd and lascivious molestation with a victim under 12, where the court finds molestation involving unclothed genitals 
• Lewd and lascivious molestation with a victim between 12 and 16, where the court finds the use of force or coercion and unclothed genitals, or
• A violation of a similar law of another jurisdiction

A sexual predator is someone who has been convicted or pled to a violent sexual offense (e.g. sexual battery on a minor), has a written court order designating them as a sexual predator, or was civilly committed under the Jimmy Ryce Sexually Violent Predator Act. 

If someone falls into any of these categories, or had adjudication withheld for any of the described offenses, they are subject to HB 1455’s new mandatory minimums. Under HB 1455, the new mandatory minimum sentences for sexual offenders and sexual predators convicted of the following crimes are:

• Lewd or lascivious molestation (victim between 12 and 15 years old): Mandatory minimum of 10 years in prison
• Lewd or lascivious molestation of an elderly/disabled person: Mandatory minimum of 10 years in prison
• Possession of child pornography: Mandatory minimum of 10 years in prison
• Online solicitation of a minor, traveling to meet a minor, or prohibited computer use: Mandatory minimum of 10 years in prison
• Transmission of child pornography: Mandatory minimum of 10 years in prison
• Possession with intent to promote child pornography: Mandatory minimum of 15 years in prison
• Use of a child in a sexual performance: Mandatory minimum of 20 years in prison
• Promoting a sexual performance by a child: Mandatory minimum of 20 years in prison
• Buying or selling minors: Mandatory minimum of 20 years in prison

The law also prohibits a person sentenced under these new mandatory minimums from receiving gain time – which may otherwise have led to their discretionary early release. They must serve every day of the mandatory minimum sentence, with no option for early release (unless they are pardoned or their sentence is commuted).

The law overrides the maximum penalties for certain offenses if the new mandatory minimum conflicts with it. For example, online solicitation and simple possession of child pornography are typically only punishable by 5 years per count (third-degree felony). But HB 1455 overrides this, allowing a 10 year mandatory minimum sentence per count if the defendant is already a sexual offender or predator. 

In sum, HB 1455 creates harsh new mandatory minimum sentences for re-offending sexual offenders and predators. If someone or their loved one faces potential sentencing enhancements due to HB 1455, it is crucial to find experienced and aggressive legal representation in Florida to fight these charges.

In the event someone is charged with a lewd or lascivious or other sexual offense, it is vital to seek out aggressive and experienced legal counsel as soon as possible. The attorneys at Pumphrey Law have decades of experience fighting to win for clients across Florida.

Criminal Defense Attorney in Tallahassee, FL

Don Pumphrey, Jr. is a Former Prosecutor, Former State Police Officer, Lifetime Member of the Florida Association of Criminal Defense Lawyers; for over 25 years as a private defense attorney who is Trusted, Experienced, Aggressive in Criminal Defense as a Trial Attorney, Criminal Lawyer, Criminal Defense Lawyer for the accused in Florida State Courts located in Tallahassee, Florida but handling cases throughout the State of Florida.

Don Pumphrey, Jr. and the Tallahassee criminal defense lawyers at Pumphrey Law have decades of experience fighting drug charges on behalf of clients and winning. Call Pumphrey Law now at (850) 681-7777 to learn more about what we can do for you. Our lawyers will be happy to provide you with a free consultation.

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