What Is the Romeo and Juliet Law in Florida? Registry Relief, Age Limits and How to Petition

Last reviewed: October 5, 2026. This article is general information, not legal advice. Florida's statutes are amended from time to time, so check the current text or talk to a Florida criminal defense lawyer before relying on it.

Florida's "Romeo and Juliet" law is one of the most misunderstood laws in the state. People often think it allows teenagers close in age to have a legal relationship, or that it is a defense if someone is charged. It isn't. This guide explains, factually and neutrally, what the law actually does, who qualifies and how the court process works.

Short answer: the Romeo and Juliet law in Florida is Fla. Stat. § 943.04354. It lets a person who was convicted or adjudicated delinquent of certain sex offenses ask a court to remove the requirement to register as a sexual offender or sexual predator, if the victim was 13 to 17 years old and the person was not more than 4 years older. It does not change the conviction, and it is not a defense to a charge.

First, the related age rules in Florida

The Romeo and Juliet law makes more sense once you know the criminal laws around it. Florida doesn't set out a single "age of consent" in one place; instead, several statutes apply depending on ages. Two examples:

• Fla. Stat. § 800.04 covers lewd or lascivious offenses "committed upon or in the presence of persons less than 16 years of age."
• Fla. Stat. § 794.05 provides: "A person 24 years of age or older who engages in sexual activity with a person 16 or 17 years of age commits a felony of the second degree."

These are the laws that decide whether conduct is a crime. Section 943.04354 only deals with what happens after a conviction. For how other states handle age gaps, see age of consent laws, the age of consent in North Carolina, the age of consent in South Carolina and the age of consent in Missouri.

Who qualifies for registry relief

Section 943.04354(1) sets three conditions, and all must be met. In summary:

1. A qualifying offense, and only one kind of record. The person was convicted (regardless of adjudication) or adjudicated delinquent of a violation of § 800.04, § 827.071 or § 847.0135(5), or a similar offense in another jurisdiction, and has no other conviction or delinquency adjudication for § 794.011, § 800.04, § 827.071, § 847.0135(5) or a similar offense elsewhere.
2. Registration based solely on that offense. The person must register solely because of that conviction or adjudication. For an out-of-state offense, the person must no longer meet the registration criteria in the state where it happened.
3. The age limits. The victim was 13 or older but younger than 18 at the time, and the person was not more than 4 years older than the victim.

There is one more requirement built into the court process: the person must show that removing the registration requirement will not conflict with federal law that requires the sexual act to have been consensual, notwithstanding the victim's age. In other words, apart from the victim's age, the conduct must have been consensual.

How to petition (file the motion)

The statute calls the request a motion. In summary, the process under § 943.04354(2) works like this:

1. Choose the right court. File in the criminal division of the circuit court of the circuit where the Florida conviction or adjudication happened. For an out-of-state conviction, file where you live in Florida, or where you last lived if you have moved away.
2. Make the required allegations. The motion must state that you meet the criteria in subsection (1) and that removal won't conflict with the federal consent requirement. If the offense was in another state, you must give the court written confirmation that you aren't required to register there.
3. Give notice. The state attorney and the Florida Department of Law Enforcement must get notice of the motion at least 21 days before the hearing (or before sentencing or disposition, if the motion is heard then). They may present evidence against it.
4. The hearing. The court rules on the motion. If it finds you meet the criteria and there is no conflict with federal law, it may grant the motion. Granting is up to the judge, not automatic.
5. Send the order to FDLE. If the motion is granted, you must give the department a certified copy of the order, and the department removes your information from the public registry.

The motion can be heard at sentencing or disposition, or at a separate hearing. Because a denied motion can't be filed again under this section, it's wise to have a lawyer review your eligibility and evidence first.

What the law does not do

• It doesn't make any conduct legal. It applies only after a conviction or adjudication.
• It doesn't erase the record. Criminal history that is otherwise a public record stays available.
• It doesn't help everyone close in age. If the victim was under 13, the age gap was more than 4 years, or the person has another qualifying sex-offense record, the statute doesn't apply.
• It doesn't control other states. If you move, the new state's registration laws may apply. For an example of another state's registry rules, see North Carolina sex offender laws.

Common mistakes

• Calling it a "defense" and assuming a charge will be dropped because the ages were close.
• Counting the age gap loosely. The statute uses the ages at the time of the offense, and the gap must be "not more than 4 years."
• Filing without checking every condition, then losing the only chance to use this section.
• Forgetting to send the certified order to FDLE after the court grants the motion.

Sources

• Fla. Stat. § 943.04354, Removal of the requirement to register as a sexual offender or sexual predator in special circumstances: flsenate.gov
• Fla. Stat. § 794.05, Unlawful sexual activity with certain minors: flsenate.gov
• Fla. Stat. § 800.04, Lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age: flsenate.gov