section 943.0435 sexual offender (Florida) · Go Syfert
← Florida issues

section 943.0435 sexual offender in Florida

9 Florida opinions name it 2 courts 2001–2024 1 in the last five years

The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (6)

CaseFollowedCited
Moore v. Stategreen
fladistctapp · 2008 · cited in 2 Florida opinions naming this issue, 2014–2015
2 sentences

2015Moore, 992 So.2d at 864 .

2014See Moore v. State, 992 So.2d 862, 864 (Fla. 5th DCA 2008) (holding proof that a defendant was required to register as a sex offender in Michigan satisfied the sexual offender element of section 943.0435).

12
Hillcrest Property, LLC v. Pasco Countygreen
ca11 · 2014 · cited in 1 Florida opinions naming this issue, 2024–2024
1 sentence

2024Typically, that injury "does not occur until the statute is enforced—in other words, until it is applied." Id. (quoting Hillcrest Prop., LLC v. Pasco County, 754 F.3d 1279, 1282 (11th Cir. 2014)). 7 Glass contended below that McClamma's claim that his sexual offender classification under section 943.0435 created an irrebuttable presumption that he had a high risk of recidivism was barred by the statute of limitations.

11
Ames v. Stategreen
fladistctapp · 2004 · cited in 1 Florida opinions naming this issue, 2008–2008
1 sentence

2008See Ames v. State, 870 So.2d 203 (Fla. 1st DCA 2004), review denied, 917 So.2d 191 (Fla.2005).

11
Ames v. Stategreen
fla · 2005 · cited in 1 Florida opinions naming this issue, 2008–2008
1 sentence

2008See Ames v. State, 870 So.2d 203 (Fla. 1st DCA 2004), review denied, 917 So.2d 191 (Fla.2005).

11
Grumet v. Stategreen
fladistctapp · 2000 · cited in 1 Florida opinions naming this issue, 2007–2007
1 sentence

2007See § 943.0435(1)(a)2., Fla. Stat. (2005) (defining a "sexual offender," as that term is used in section 943.0435, as a person who has been released on or after October 1, 1997, from the sanction imposed for an enumerated offense and providing that a sanction includes but is not limited to probation); see also Grumet v. State, 771 So.2d 39, 42 (Fla. 4th DCA 2000).

11
Major v. Stategreen
fla · 2002 · cited in 1 Florida opinions naming this issue, 2003–2003
1 sentence

2003In Major v. State, 814 So.2d 424, 431 (Fla.2002), we 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.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Jane Doe v. Richard L. Swearingen green
ca11 · 2022
1 sentence

2024Typically, that injury "does not occur until the statute is enforced—in other words, until it is applied." Id. (quoting Hillcrest Prop., LLC v. Pasco County, 754 F.3d 1279, 1282 (11th Cir. 2014)). 7 Glass contended below that McClamma's claim that his sexual offender classification under section 943.0435 created an irrebuttable presumption that he had a high risk of recidivism was barred by the statute of limitations.

12024–2024
Harvey v. State neutral
fladistctapp · 2009
1 sentence

2011However, that section “contains no provision for a court order designating offenders as sexual offenders; they attain that status merely by virtue of then’ convictions.” Harvey v. State, 17 So.3d 890 , 891 n. 2 (Fla. 4th DCA 2009).

12011–2011
State v. Giorgetti green
fla · 2004
2 sentences

2009However, *173 they cite to State v. Giorgetti, 868 So.2d 512 (Fla.2004), and In re Standard Jury Instructions in Criminal Cases-Report No. 2007-4, 988 So.2d 531, 549 (Fla.2008), as instructive. 2 In Giorgetti , the Florida Supreme Court addressed whether the State was required to prove knowledge of the registration requirement as an element of the crime of failing to register as a sexual offender under section 943.0435, Florida Statutes (2000).

2009The court stated that at common law, “guilty knowledge or mens rea was a necessary element in the proof of every crime.” 868 So.2d at 515 .

12009–2009
State v. Stapleton green
fladistctapp · 2000
1 sentence

2001In a factually similar case, State v. Stapleton, 764 So.2d 886 (Fla. 4th DCA 2000), the trial court granted the defendant's motion to withdraw his guilty plea to lewd assault, because he had not been informed that he would have to register as a sexual offender under section 943.0435, or that he was subject to commitment for treatment following his prison sentence under the Jimmy Ryce Act, sections 394.910 through 394.931, Florida Statutes (1999).

12001–2001

Statutes the citing opinions construe

FL § 943.0435 (9) FL § 775.21 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

← Caselaw search · G Cite Topics · Brief Check