Facing a Sexual Battery Charge in South Florida? Talk to a Defense Lawyer Before You Say Another Word

What Is Donna’s Law in Florida? Plain-Language Guide

If you are asking what is Donna’s law in Florida, the short answer is this: it is a nickname, not a statute name you can look up by itself. The name alone doesn’t tell you which law applies or what it requires.

What “Donna’s law” means when you see it in Florida

Donna’s law is a short label. The label alone doesn’t tell you what the law requires. You may see it in a court document, a news story, or a family conversation.

Start with the offense itself. Sexual battery is defined in Fla. Stat. § 794.011. That statute says “consent” means intelligent, knowing, and voluntary consent. It does not include coerced submission. It also says a person’s failure to physically resist is not the same as consent. These points often shape the early questions in a case, so the exact facts matter.

For a wider view of these charges, read our sexual battery defense overview.

What the statute says and who it applies to

Florida’s sexual battery statute sets different felony levels based on the circumstances. Those circumstances include the ages of the people involved and whether consent was present.

The statute defines “mentally incapacitated” as being temporarily incapable of appraising or controlling one’s own conduct due to the influence of a narcotic, anesthetic, or intoxicating substance administered without consent or due to any other act committed upon that person without consent. That can happen after an intoxicating substance is given without consent. It can also happen after another act done without consent.

The statute also treats cases involving minors differently. Under Fla. Stat. § 794.011, a person 18 years of age or older who commits sexual battery upon a person 12 years of age or older but younger than 18 years of age, without that person’s consent and under any of the circumstances listed in paragraph (e), commits a felony of the first degree. A person in a position of family or custodial authority over someone under 18 who solicits that person to engage in any act which would constitute sexual battery commits a third-degree felony.

The label on a charge can cover very different facts. Read the exact subsection cited in the charging papers.

How this law connects to registration and reporting duties

Florida treats sexual predators and sexual offenders under separate registration statutes. A sexual predator registers through the sheriff’s office. For a sexual offender, the separate registration provision, § 943.0435, Florida Statutes, calls for the report to list when and where each conviction occurred, along with the offender’s fingerprints and palm prints and a short summary of the offense. A sexual predator must also produce a passport if one is held. A non-citizen must provide immigration documents. Professional licenses must be disclosed as well. See Fla. Stat. § 775.21.

Under the Florida Sexual Predators Act (§ 775.21), sexual predators have their own registration duties; sexual offenders generally must reregister in person each year during their birthday month and during the sixth month after their birth month, while offenders with certain listed offenses must reregister during their birthday month and every third month after that under § 943.0435. See § 943.0435.

Travel reporting has strict timing. Before international travel, the report is due at least 21 days ahead, unless the travel was not known 21 days in advance, in which case it must be reported as soon as possible before departure. The statute says failing to report is punishable.

Florida also has a removal process for limited cases. It applies only to the offenses listed in removal from registration.

Don’t assume one result applies to everyone.

Sealing and expunging records connected to a sexual battery arrest

A criminal history record of a minor or an adult that a court orders sealed under Fla. Stat. § 943.059 is confidential and exempt from public disclosure and is available only to the persons the statute lists.

Expunction requires the agency holding the record to destroy or obliterate it, but any record in the custody of the department must be retained in all cases (§ 943.0585(6)(a)). The criminal justice agency holding the record must destroy or obliterate it. The state’s expunction statute lets a court order a criminal justice agency to expunge the criminal history record of a minor or an adult who has applied for and received a certificate of eligibility. Fla. Stat. § 943.0585 reads: “(c) The court may order expunction of a criminal history record pertaining to one arrest or one incident of alleged criminal activity only, except that the court may order the expunction of a criminal history record pertaining to more than one arrest if the additional arrests directly relate to the original arrest.”

Sealing keeps the record confidential. Only limited people can see it, such as the subject of the record. See § 943.059.

Under § 943.059, a person who has been adjudicated guilty of a criminal offense is barred from sealing; the definition of “convicted” that includes guilty or no contest pleas even when adjudication is withheld is in § 943.0435, not § 943.059.

For a court petition, the person must first apply to FDLE for a certificate of eligibility. The petition must be in writing and filed with the clerk. It must be served on the prosecutor and the arresting agency. See Fla. R. Crim. P. 3.692. The court can deny the request at its sole discretion, as FDLE’s sealing FAQ explains.

For local steps, see Miami-Dade sealing and expunging steps. Patrick Wilson Law handles seal and expunge matters in Miami-Dade County and across South Florida.

Talking through your situation with Patrick Wilson Law

If a family member has been charged, sort the questions first. The charge, the registration duties, and the records question each have their own statute and their own timing.

You may be reading this while someone you care about faces a charge. The timing can feel urgent, and the details matter.

Patrick David Wilson, the responsible lawyer for this page, can review the facts of your situation with you. Call 786-761-1719 or leave a message to request a free consultation. The first consultation is free, confidential, and carries no obligation to continue.