CopyCited 164 times | Published | Supreme Court of Florida
review *4 here when it added subsection (4) to section
775.021. In any event we are unwilling to construe
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OverruledKlayman (2002)phrase: "overruled by"
DisapprovedChristian (1997)phrase: "disapproving"
OverruledMcCuiston (1988)phrase: "overruled by"
CopyCited 261 times | Published | Supreme Court of Florida | 12 Fla. L. Weekly 445
has codified this rule of construction in section
775.021(4), Florida Statutes (1985): Whoever, in the
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SupersededValdes (2009)phrase: "superseded by"
AbrogatedValdes (2009)phrase: "abrogated by"
SupersededDelemos (2007)phrase: "superseded by"
CopyCited 212 times | Published | Supreme Court of Florida | 1993 WL 406369
sentences run consecutively. The State argues that section
775.021(4), Florida Statutes (1991), which authorizes
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Receded fromCoppola (2006)phrase: "receded from"
Receded fromCoppola (2006)phrase: "receded from"
VacatedStevens (2000)phrase: "vacated in"
CopyCited 112 times | Published | Supreme Court of Florida | 1991 WL 33012
shall be construed most favorably to the accused. §
775.021(1), Fla. Stat. (1987). We thus must determine
0 red0 yellow80 green0 procedural
Cited as authorityGarmany (2025)phrase: "rule_authority"
Cited as authorityWester (2024)phrase: "rule_authority"
Cited as authorityMcLymore (2022)phrase: "rule_authority"
CopyCited 89 times | Published | Supreme Court of Florida
district court affirmed on the authority of section
775.021(4), Florida Statutes (1977). The court certified
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Cited "but see"Baker (1982)phrase: "but see"
CopyCited 74 times | Published | Supreme Court of Florida | 2001 WL 1472614
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Cited as authorityDominguez (2026)phrase: "rule_authority"
CopyCited 134 times | Published | Supreme Court of Florida | 1999 WL 817189
these criminal statutes, as is mandated by section
775.021(1), Florida Statutes (1995), supports the interpretation
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SupersededGordon (2014)phrase: "superseded by"
Cited as authorityDavis (2025)phrase: "rule_authority"
CopyCited 66 times | Published | Supreme Court of Florida | 1998 WL 873071
shall be construed most favorably to the accused. §
775.021, Fla. Stat. (1995). Applying the above principles
0 red0 yellow46 green0 procedural
Cited as authorityMcDonough (2017)phrase: "rule_authority"
Cited as authorityHarper (2017)phrase: "rule_authority"
CopyCited 65 times | Published | Supreme Court of Florida | 2007 WL 2790770
specifically codified this principle of lenity in section
775.021(1), Florida Statutes (2002). "This principle
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Cited as authorityQuinn-Davis (2024)phrase: "rule_authority"
CopyCited 58 times | Published | Supreme Court of Florida | 2004 WL 742099
legislatively prescribed rule of lenity in section
775.021(1), Florida Statutes (2001), the Fifth District
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DistinguishedHurd (2017)phrase: "distinguishing"
Cited as authorityD.L. (2026)phrase: "rule_authority"
Cited as authoritySoriano (2025)phrase: "rule_authority"
CopyCited 61 times | Published | Supreme Court of Florida | 1994 WL 26970
with the Fifth District Court of Appeal that section
775.021(4)(b)2., *154 Florida Statutes (1989), bars
0 red1 yellow40 green1 procedural
Cited "but see"Brown (1995)phrase: "but see"
Cited as authorityGil (2013)phrase: "rule_authority"
Cited as authorityPartch (2010)phrase: "rule_authority"
CopyCited 60 times | Published | Supreme Court of Florida | 1991 WL 25369
crimes occurred after the effective date of section
775.021, Florida Statutes *940 (Supp. 1988), is it
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CopyCited 48 times | Published | Supreme Court of Florida | 2001 WL 359697
construing criminal statutes is codified in section
775.021(1), Florida Statutes (1997). See Hayes, 750
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Cited as authorityVargas (2023)phrase: "rule_authority"
CopyCited 75 times | Published | Supreme Court of Florida | 2008 WL 2130235
...al offenders upon registering, effective October 1, 2007. See §
943.0435(2)(a)2, (4)(d), (14)(c)1, Fla. Stat. [2] *532 New instructions 11.15 and 11.15(a)-(k) pertain to offenses involving the failure to register as a sexual predator, as defined in section
775.21, Florida Statutes (2007). New instruction 11.15( l ) includes definitions for terms used in proposed instructions 11.15 and 11.15(a)-(k). Under section
775.21, any person who is a "sexual predator" (as defined by subsection (4)) is required to provide specific information to certain agencies in order to satisfy the reporting requirements. See §
775.21(6), (10), Fla. Stat. Instruction 11.15(e), derived from section
775.21(6)(f), Florida Statutes, pertains to the offense of Failure to Register as a Sexual Predator (Failure to Report to Department of Highway Safety and Motor Vehicles)....
...either with the DOC or at the sheriff's office. In reporting to a driver's license office, "[i]f otherwise qualified, [the sexual predator must] secure a Florida driver's license, renew a Florida driver's license, or secure an identification card." § 775.21(6)(f)1, Fla. Stat. In doing so, the sexual predator must identify himself or herself as one who is required to comply with section 775.21(6)(f) and provide certain specified information....
..."Instant message name" means an identifier that allows a person to communicate in real time with another person using the Internet. 11.15 FAILURE TO REGISTER AS A SEXUAL PREDATOR (Initially Register In Custody, Control or under the Supervision of the Department of Corrections) § 775.21(6)(b), Fla....
...Lesser Included Offenses No lesser included offenses have been identified for this offense. Comment This instruction was adopted in 2008. 11.15(a) FAILURE TO REGISTER AS A SEXUAL PREDATOR (Initially Register Not in Custody, Control or under Supervision of the Department of Corrections or a Private Correctional Facility) § 775.21(6)(e), Fla....
...See instruction 11.15(l) for the applicable definitions. Lesser Included Offenses No lesser included offenses have been identified for this offense. Comment This instruction was adopted in 2008. *542 11.15(b) FAILURE TO REGISTER AS A SEXUAL PREDATOR (Failure to Comply with Registration Requirements) § 775.21(6)(a)1, Fla....
...Lesser Included Offenses No lesser included offenses have been identified for this offense. Comment This instruction was adopted in 2008. 11.15(c) FAILURE TO REGISTER AS A SEXUAL PREDATOR (Failure to Comply with Registration of a Residence, Motor Vehicle, Trailer, Mobile Home, or Manufactured Home) § 775.21(6)(a)1.a., Fla....
...Lesser Included Offenses No lesser included offenses have been identified for this offense. Comment This instruction was adopted in 2008. 11.15(d) FAILURE TO REGISTER AS A SEXUAL PREDATOR (Failure to Comply with Registration of Enrollment or Employment in Institutions of Higher Education) § 775.21(6)(a)1.b., Fla....
...Lesser Included Offenses No lesser included offenses have been identified for this offense. Comment This instruction was adopted in 2008. 11.15(e) FAILURE TO REGISTER AS A SEXUAL PREDATOR (Failure to Report to Department of Highway Safety and Motor Vehicles) § 775.21(6)(f), Fla....
...Lesser Included Offenses No lesser included offenses have been identified for this offense. Comment This instruction was adopted in 2008. 11.15(f) FAILURE TO REGISTER AS A SEXUAL PREDATOR (Failure to Provide Other Necessary Information Requested by Department of Law Enforcement) § 775.21(6)(a)2, Fla....
...*546 Lesser Included Offenses No lesser included offenses have been identified for this offense. Comment This instruction was adopted in 2008. 11.15(g) FAILURE TO REGISTER AS A SEXUAL PREDATOR (Failure to Report Change of Name or Address within the State or Jurisdiction) § 775.21(6)(g), Fla....
...See instruction 11.15(l) for the applicable definitions. *547 Lesser Included Offenses No lesser included offenses have been identified for this offense. Comment This instruction was adopted in 2008. 11.15(h) FAILURE TO REGISTER AS A SEXUAL PREDATOR (Failure to Respond To Address Verification) § 775.21(10)(a), Fla....
...Lesser Included Offenses No lesser included offenses have been identified for this offense. Comment This instruction was adopted in 2008. 11.15(i) FAILURE TO REGISTER AS A SEXUAL PREDATOR (Failure to Report Intent to Move to Another State or Jurisdiction) § 775.21(6)(i), Fla....
...Lesser Included Offenses No lesser included offenses have been identified for this offense. Comment This instruction was adopted in 2007. 11.15(j) FAILURE TO REGISTER AS A SEXUAL PREDATOR (Failure to Report Intent to Remain within the State or Jurisdiction) § 775.21(6)(j), Fla....
...See instruction 11.15(l) for the applicable definitions. Lesser Included Offenses No lesser included offenses have been identified for this offense. Comment This instruction was adopted in 2008. 11.15(k) FAILURE TO REGISTER AS A SEX PREDATOR (Failure to Register Quarterly) § 775.21(8)(a), Fla....
...The defendant shall provide a physical residential address. Definitions. See instruction 11.15(l) for the applicable definitions. Lesser Included Offenses No lesser included offenses have been identified for this offense. Comment This instruction was adopted in 2008. 11.15( l ) Sexual Predator Definitions § 775.21(2) and (4), Fla....
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CopyCited 42 times | Published | Court of Appeals for the Eleventh Circuit | 1987 U.S. App. LEXIS 7974
explicitly indicated its intent on this issue in §
775.021(4), Fla.Stat. (1987): 9 Whoever,
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Declined to follow(citing case) (1992)phrase: "decline to follow"
Cited as authorityRivera (2024)phrase: "rule_authority"
Cited as authoritySolano (2023)phrase: "rule_authority"
CopyCited 45 times | Published | Supreme Court of Florida | 11 Fla. L. Weekly 328
Palmer, however, we noted that the language of section
775.021(4), Florida Statutes (1981), granted the trial
3 red0 yellow21 green0 procedural
OverruledAllen (1996)phrase: "overruled by"
OverruledMungin (1995)phrase: "overruled by"
OverruledDowdell (1986)phrase: "overruling"
CopyCited 46 times | Published | Florida 2nd District Court of Appeal | 1998 WL 210760
...The trial court held a hearing, and found that Collie met the criteria for being declared a sexual predator and entered an order based upon its determination, stating that "[t]he Defendant meets the definition of sexual predator contained in former Florida Statute § 775.23(2) and/or as defined in Florida Statute § 775.21 as amended July 1, 1996." Collie raises five issues in this appeal: (1) that the court lacked jurisdiction to declare him to be a sexual predator; (2) that the court failed to comply with the express requirements of section 775.23(3), Flori...
...onal right to counsel when the sexual predator hearing was held without representation of counsel. I. HISTORICAL REVIEW OF THE ACT. 1993 Act. On October 1, 1993, the legislature enacted The Florida Sexual Predator's Act ("Act") which was codified at section 775.21-.23, Florida Statutes (1993)....
...ngs. The 1995 Act asserts that the State's strategy to achieve a significant reduction in the commission of violent and repeat sex offenses includes "[p]roviding for notification of the community concerning the presence of certain sexual predators." § 775.21(2)(b)5, Fla....
...The 1995 legislative findings further state that "[t]he state has a compelling interest in protecting the public from serious sex offenses, and there is sufficient justification for requiring that the public be notified of the presence of certain sexual predators." § 775.21(2)(d), Fla. Stat. (1995). The legislative intent of the 1995 Act was amended to require that "the sheriff or chief of police ... notify the public if, after a hearing, the circuit court finds that a sexual predator poses a threat to the public." § 775.21(3), Fla....
...1345 (codified at 42 U.S.C. § 14071(d)). The amendment to section (d) of the Wetterling Act prompted the Florida Legislature to revise its sexual predator's act on July 1, 1996. The result was a new, comprehensive version of The Florida Sexual Predator's Act, codified at section 775.21, Florida Statutes (Supp.1996)....
...Sections 775.22, 775.225, and 775.23 of the 1995 Act were repealed, but their language was incorporated into the new act with certain changes. The legislative intent of the 1996 Act was amended to include a strategy of "[p]roviding *1005 for community and public notification concerning the presence of sexual predators." § 775.21(3)(b)4., Fla....
...ted to "certain" sexual predators as determined pursuant to section 775.225, Florida Statutes (1995). The 1996 Act also adopted a new strategy of "[p]rohibiting sexual predators from working with children, either for compensation or as a volunteer." § 775.21(3)(b)5., Fla. Stat. (Supp.1996). To effectuate this new strategy, the legislature enacted a new community and public notification subsection which was codified at section 775.21(7), Florida Statutes (Supp....
...e chief of police of the municipality where the sexual predator temporarily or permanently resides shall notify the community and the public of the presence of the sexual predator in a manner deemed appropriate by the sheriff or the chief of police. § 775.21(7)(a), Fla. Stat. (Supp.1996). Moreover, the 1996 Act provided that "[s]tatewide notification to the public is authorized, as deemed appropriate by local law enforcement personnel and the department." § 775.21(7)(b), Fla....
...a separate hearing to determine whether a sexual predator poses a threat to the public prior to notification. Instead, all offenders classified as sexual predators under the 1996 Act are subject to the community and public notification provisions of section 775.21(7), Florida Statutes (Supp....
...The 1996 Act separates sexual predators into three categories. The first category includes those offenders whose current offenses occurred between October 1, 1993, and October 1, 1995. This category of offenders is not subject to any community and public notification. See § 775.21(4)(a), Fla....
...The second category includes those offenders whose current offenses occurred between October 1, 1995, and October 1, 1996. This category of offenders is subject to the community and public notification provisions of the former section 775.225, Florida Statutes (1995), but not those found in the 1996 Act. See § 775.21(4)(b), Fla....
...The third category of offenders includes those offenders whose current offenses occurred after October 1, 1996. It is this category, and only this category, that is subject to the new community and public notification provisions of the 1996 Act. See § 775.21(4)(c), Fla. Stat. (Supp.1996). On the other hand, the sexual predator criteria subsection in the 1996 Act does have a retrospective application. Section 775.21(4), Florida Statutes (Supp.1996), specifically permits trial courts to designate offenders, who committed their current offenses between October 1, 1993, and October 1, 1995, as sexual predators after they have been sentenced for the current offense. Section 775.21(4)(a)2 states: (a) For a current offense committed on or after October 1, 1993, and before October 1, 1995: ....
...If the court does not make a written finding that the offender is a sexual predator, the offender is not designated as a sexual predator with respect to that offense, is not required to register or be registered as a sexual predator with the department.... § 775.21(4)(a)2, Fla. Stat. (Supp.1996) (emphasis supplied). A similar provision, relating to offenders whose current offenses occurred between October 1, 1995, and October 1, 1996, can be found at section 775.21(4)(b)2, Florida Statutes (Supp.1996). Sections 775.21(4)(a)2 and (b)2, Florida Statutes (Supp.1996), are a substantial change from the 1993 and 1995 Acts which required that the sexual predator designation be made "at sentencing." See §§ 775.23(3), Fla....
...Amidon,
68 So.2d 403 (Fla.1953) (stating that subject matter jurisdiction is conferred upon a court by a constitution or a statute). That jurisdiction permitted the trial court in this case to make the retrospective sexual predator designation. See §
775.21(4)(a)2, Fla....
...The constitutional prohibition on ex post facto laws only applies to penal statutes which disadvantage the offender affected by them. See Collins v. Youngblood,
497 U.S. 37, 50,
110 S.Ct. 2715, 2723,
111 L.Ed.2d 30 (1990). The issue here is whether section
775.21, Florida Statutes (Supp.1996), makes *1007 more burdensome the punishment for a qualifying sex offense, after its commission....
...effect; and (2) whether the law alters the definition of criminal conduct or increases the penalty by which a crime is punishable." Id. at 112. Applying Gwong to this case, the first prong is satisfied because the State concedes that it is employing section 775.21(4)(a)2, Florida Statutes (Supp.1996), for the purpose of seeking a sexual predator designation, retrospectively. Turning to the second prong, we now must decide whether the retrospective application of section 775.21, Florida Statutes (Supp.1996), will increase the penalty by which the sex offense is punishable....
...First, the definition of a sexual predator has remained the same in all three versions of the Act. Second, the 1996 Act provides that sexual predators shall be subject to the community and public notification provisions in effect at the time they committed their current offenses. See § 775.21(4)(a), (b), Fla....
...Other than procedural changes, the only subsections in the 1996 Act, which could be perceived as having retrospective application, that differ from the previous Acts are: (1) the subsection which authorizes the FDLE to disseminate the "public information" in its sexual predator file by "any means deemed appropriate," § 775.21(6)(d)2, Fla. Stat. (Supp.1996); and (2) the subsection restricting the employment and volunteer work of sexual predators whose victims were minors. See § 775.21(9)(b), Fla....
...e re-enacted provisions are deemed to have been in operation continuously from the original enactment whereas the additions or changes are treated as amendments effective from the time the new statute goes into effect. Id. at 53. Therefore, sections 775.21(6)(d)2 and (9)(b) which are new substantive provisions found only in the 1996 Act, cannot be applied retrospectively to Collie. Nevertheless, we must recognize that at some future date, the FDLE may attempt to disseminate the "public information" in Collie's sexual predator file in accordance with section 775.21(6)(d)2, Florida Statutes (Supp. 1996). Likewise, at some future date, the State may attempt to enforce the employment and volunteer restrictions in section 775.21(9)(b), Florida Statutes (Supp.1996), against Collie. In either event, Collie would be entitled to reassert his ex post facto challenge because the provisions contained in sections 775.21(6)(d)2 and (9)(b), Florida Statutes (Supp.1996), may be considered punitive in nature depending on the manner in which they are applied. However, because Collie has not argued on appeal that sections 775.21(6)(d)2 and (9)(b) have been applied to him, that specific ex post facto argument is not ripe for review at this time....
...It is well settled that Florida courts will not consider hypothetical acts when assessing a *1008 statute's constitutionality. See Sandstrom v. Leader,
370 So.2d 3, 6 (Fla.1979). Accordingly, Collie's ex post facto challenge must be denied at this time. The application of section
775.21, Florida Statutes (Supp.1996), did not increase the penalty by which Collie's sex offense was punishable....
...The requirements under the 1996 Act that were not present under the preceding Acts either do not apply to Collie or are procedural requirements which do not constitute punishment and may be applied retrospectively. Therefore, the retrospective application of section 775.21, Florida Statutes (Supp.1996), in this case, does not violate the Ex Post Facto Clauses of the United States and Florida Constitutions....
...nitive in fact that it may not legitimately *1009 be viewed as remedial in nature. See Ursery,
518 U.S. at 276,
116 S.Ct. at 2141. Therefore, in accordance with Ursery, we shall begin our analysis by reviewing the legislative intent of the 1996 Act. Section
775.21(3), Florida Statutes (Supp.1996), states in relevant part: (3) LEGISLATIVE FINDINGS AND PURPOSE; LEGISLATIVE INTENT. (a) Repeat sex offenders, sex offenders who use physical violence, and sex offenders who prey on children are sexual predators who present an extreme threat to the public safety....
...This statement of legislative findings, purpose, and intent evinces a clear intent to protect the public. Moreover, there is no evidence anywhere in the statute to indicate an intent to punish. Therefore, under the first prong of the Ursery test, the legislative intent of section 775.21, Florida Statutes (Supp.1996), is nonpunitive and remedial....
...rities. Moreover, registration does not affirmatively place limitations on the offender's activities. *1010 The only exception here would be the restrictions placed on employment and volunteer work for offenders whose victims were minors pursuant to section 775.21(9)(b), Florida Statutes (Supp.1996). However, as we stated in the ex post facto analysis above, section 775.21(9)(b) is not applicable to Collie because his current offense was committed prior to its incorporation in the 1996 Act....
...However, under the 1996 Act, the only offenders who are subjected to any form of community and public notification, retrospectively, are those offenders whose current offenses were committed between October 1, 1995, and July 1, 1996. [9] Collie is not included in this category, but as to those offenders who are, section 775.21(4)(b)2, Florida Statutes (Supp.1996), provides that community and public notification will be governed by the former section 775.225, Florida Statutes (1995)....
...effects, these effects are de minimis in light of the nonpunitive aim; specifically, protecting the public. The Act is intended to regulate the conduct of violent sex offenders, *1011 repeat sex offenders, and sex offenders who prey on children. See § 775.21(3)(a), Fla....
...ds available to reduce the incidence of sexual predatory behavior and must be considered insignificant in comparison to the goal of protecting the public. After weighing the Mendoza-Martinez factors, we conclude that the registration requirements of section 775.21, Florida Statutes (Supp.1996), are not so punitive as to negate the legislature's clearly nonpunitive intent....
...Thus, we must look to other liberty rights. Our review identifies only one provision in the 1996 Act which, if applied retrospectively, would infringe on a constitutionally-protected liberty interest. That provision is the employment restrictions imposed in section 775.21(9)(b), Florida Statutes (Supp.1996). [13] In other words, the rest of section 775.21, Florida Statutes (Supp.1996), does not affect Collie's liberty to such an extent that his procedural due process rights would be activated. [14] However, as we have stated above, the employment restrictions imposed in section 775.21(9)(b) are not applicable to Collie because they were not in effect at the time he committed his current offense in June 1994. A retrospective application of section 775.21(9)(b) to Collie would violate the basic rule that where a statute has been repealed and substantially reenacted, new additions or changes to the statute shall be applied prospectively only....
...at 2081-82. Accordingly, we conclude that the sexual predator proceedings were not criminal or quasi-criminal in nature and that Collie had no constitutional right to counsel. Affirmed. PARKER, C.J., and PATTERSON and GREEN, JJ., concur. NOTES [1] Section 775.21, Florida Statutes (1993)....
...t" to divest a person of American citizenship for draft evasion or military desertion and the procedural protections of the Fifth and Sixth Amendments applied. See id. at 167,
83 S.Ct. at 567. [8] Nevertheless, we note that any future application of section
775.21(9)(b), Florida Statutes (Supp.1996), to Collie, in contravention of this opinion could serve as the basis for a double jeopardy challenge....
...Unlike the registration provisions discussed in this section of the analysis, the employment restrictions appear to be punitive in nature as they severely restrict the offender's constitutional right to pursue a lawful occupation. [9] We also note that section
775.21(6)(d)2, Florida Statutes (Supp.1996), allows the FDLE to disseminate the sexual predator information in its file by "any means deemed appropriate." However, as we have noted in the ex post facto analysis above, this section is not applicable to Collie because his current offense was committed prior to its incorporation in the 1996 Act. See McKibben v. Mallory,
293 So.2d 48, 53 (Fla. 1974). Nevertheless, we recognize that the application of section
775.21(6)(d) 2, to Collie, in contravention of this court's opinion, could serve as a basis for a double jeopardy argument. Depending upon the manner in which it is applied, section
775.21(6)(d)2 may be considered punitive, as there are no procedural safeguards to protect against the unnecessary dissemination of personal information....
...[14] The right to privacy found at Article I, Section 23, of the Florida Constitution is not at issue in Collie's case because Collie is not subject to any form of community and public notification, as his current offense was committed on June 27, 1994. See § 775.21(4)(a), Fla....
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Cited as authorityWard (2010)phrase: "rule_authority"
Cited as authorityCabrera (2004)phrase: "rule_authority"
CopyCited 43 times | Published | Supreme Court of Florida | 1998 WL 849542
construed most favorably to the accused. See §
775.021(1), Fla. Stat. (1993); Perkins v. State, 576 So
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Cited as authorityCom. (2025)phrase: "rule_authority"
CopyCited 34 times | Published | Supreme Court of Florida | 2005 WL 2095673
employ the Blockburger[4] test, as codified in section
775.021, Florida Statutes (1999), to determine whether
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CopyCited 30 times | Published | Supreme Court of Florida | 12 Fla. L. Weekly 424
section
794.011 and the offenses are separate. §
775.021(4), Fla. Stat. (1983). I agree with the district
0 red0 yellow21 green0 procedural
Cited as authorityLeyva (2006)phrase: "rule_authority"
CopyCited 37 times | Published | Florida 5th District Court of Appeal | 1997 WL 594122
...Robert A Butterworth, Attorney General, Tallahassee, and Kellie A. Nielan, Assistant Attorney General, Daytona Beach, for Appellee. PETERSON, Judge. All of the appellants had been separately convicted of various sex offenses prior to the enactment of the Florida Sexual Predators Act, section 775.21, Florida Statutes (Supp. 1996). Subsequent to enactment, the state invoked the provisions of subsection 775.21(4)(a)2 to have the appellants classified as sexual predators. The appellants claim that: (1) section 775.21 violates the constitutional prohibition against the enactment of ex post facto laws and (2) the trial court had no jurisdiction to label them as sexual predators because the declaration modified their sentences more the 60 days after their imposition in violation of Florida Rule of Criminal Procedure 3.800....
...The overriding purpose of the legislation designating certain individuals as "sexual *347 predators" and requiring these individuals to register themselves is to protect the public from repeat sex offenders, sex offenders who use violence, and those who prey on children. See § 775.21(3), Fla....
...Noble, 171 Ariz. 171, 829 P.2d 1217 (1992); People v. Adams, 144 Ill.2d 381, 163 Ill.Dec. 483, 581 N.E.2d 637 (1991). Cf. Rowe v. Burton,
884 F.Supp. 1372(D.Alaska 1994) and In re Reed, 33 Cal.3d 914, 191 Cal.Rptr. 658, 663 P.2d 216 (1983). We hold that section
775.21 violates neither the ex post facto clause nor Rule 3.800 because the designation "sexual predator" is neither a sentence nor a punishment but simply a status resulting from the conviction of certain crimes....
0 red0 yellow10 green1 procedural
Cited as authorityBoyer (2006)phrase: "rule_authority"
CopyCited 31 times | Published | Supreme Court of Florida | 2004 WL 524922
...Shortly after stealing the car, Robinson left the child, still sitting in her car seat, in front of a doctor's office. Robinson was convicted of carjacking and kidnapping. He received two life sentences, which are not at issue here. On the State's motion, the trial court held a hearing under section 775.21, Florida Statutes (Supp.1998) (the Florida Sexual Predators Act (Act)) to determine whether Robinson should be designated a "sexual predator." Although the State conceded "that Robinson, in committing the crimes, had not engaged in any...
...l act upon or in the presence of the child,"
804 So.2d at 452, the circuit court nevertheless concluded that the "sexual predator" designation was mandatory because Robinson had been convicted of kidnapping a minor of whom he was not the parent. See §
775.21(4)(c), Fla....
...hen applied in this case. Designating a person such as Robinson as a sexual predator when there is no sexual element to his crime would lead to an absurd result. The legislature could have achieved the same remedial goals, for example, by patterning section 775.21 after the federal standard and, thus, specifically targeting those defendants who commit crimes against children regardless of any sexual element....
...(granting district courts authority to review interlocutory orders *1209 to the extent provided by rules of the Supreme Court). The designation of an offender as a sexual predator is based on the offender's conviction for one of the crimes specified in the Act. § 775.21(4)(c), Fla....
...(c) The state has a compelling interest in protecting the public from sexual predators and in protecting children from predatory sexual activity, and there is sufficient justification for requiring sexual predators to register and for requiring community and public notification of the presence of sexual predators. § 775.21(3), Fla....
...787.02, where the victim is a minor and the defendant is not the victim's parent; s.
794.011(2), (3), (4), (5), or (8); s.
794.023; s. 796.03; s.
800.04; s.
825.1025; s.
827.071; s.
847.0133; s.
847.0135; or s.
847.0145, or a violation of a similar law of another jurisdiction[.] §
775.21(4)(c), Fla. Stat. (Supp.1998) (emphasis added). Before 1998, all qualifying felonies involved a sexual component. See §
775.21, Fla....
...ed by the offender.... 2. Any other information determined necessary by the department, including criminal and corrections records; nonprivileged *1212 personnel, treatment, and abuse registry records; and evidentiary genetic markers when available. § 775.21(6)(a), Fla....
...register in person within 48 hours of establishing temporary or permanent residence, or any time he or she moves, with both the Florida Department of Law Enforcement or the local sheriff and with the Department of Highway Safety and Motor Vehicles. § 775.21(6)(e)-(f), Fla. Stat. (Supp.1998). Prisoners designated sexual offenders must register with the Department of Corrections. § 775.21(6)(b). The registration requirement is imposed for the offender's lifetime. § 775.21(6)(l). [6] Failure to comply with the registration and other requirements of the Act constitutes a third-degree felony. § 775.21(10)....
...The Act also requires that within 48 hours of a sexual predator's registration, law enforcement agencies notify "members of the community and the public," including each day care center and school within a mile of the offender's residence, of the sexual predator's presence. § 775.21(7)(a), Fla....
...It further immunizes from civil liability various officials and individuals for any damages resulting from the release of information about a designated sexual predator when the entity or individual was "acting upon the direction of any law enforcement agency." § 775.21(9). Finally, the Act makes it a felony for most sexual predators to work or volunteer "at any business, school, day care center, park, playground, or other place where children regularly congregate." § 775.21(10)(b). Under the Act, the sole criterion for determining whether a defendant must be designated a "sexual predator" is whether the defendant was convicted of a qualifying offense. See § 775.21(5)(a)(1); see also Kelly v....
...ablish entitlement to these protections. Id. at 701, 708-09,
96 S.Ct. 1155. We believe the Act imposes more than a stigma. As outlined above, under the Act, a person designated a sexual predator is subject to life-long registration requirements. See §
775.21(5), Fla....
..." Giorgetti v. State,
821 So.2d 417, 422 (Fla. 4th DCA 2002), approved,
868 So.2d 512 (Fla. 2004). To the contrary, the failure of a designated sexual offender to comply with these and other requirements of the Act constitutes a third-degree felony. §
775.21(10). Moreover, a designated sexual predator is prohibited from seeking certain tort remedies, see §
775.21(9), and from working "where children regularly congregate." §
775.21 (10)(b)....
...he rational relationship test. D. The Due Process Violation As stated previously, the Act's purpose is to protect the citizenry, particularly children, from those who have committed or have attempted to commit sexual or sexually exploitative crimes. Section 775.21(4)(c) of the Act states that "an offender shall be designated as a `sexual predator'" if the offender has committed one of the enumerated crimes. The Act does not separately define "sexual predator." Robinson was automatically designated a sexual predator solely because he was convicted of kidnapping a child of whom he is not the parent. See § 775.21(4)(c), Fla....
...courts below make this an inappropriate case for this Court to reach the constitutional issues that the majority opinion discusses. On the basis of a conviction for kidnapping, the State moved for Robinson to be designated a "sexual predator" under section 775.21, Florida Statutes (Supp.1998) (Florida Sexual Predators Act) (Act)....
...The felony meets the criteria of former ss. 775.22(2) and 775.23(2), specifically, the felony is: a. A capital, life or first-degree felony violation of s.
787.01 [kidnapping] or
787.02 [false imprisonment], where the victim is a minor and the defendant is not the victim's parent.... §
775.21, Fla....
...Therefore, any effect that designation as a sexual predator will have upon him is minimal. While the Act provides that a person designated as a sexual predator who is in the custody or control of the Department of Corrections must register with the Department of Corrections, see § 775.21(6)(b), Fla. Stat. (2002), all other registration and notification duties under the Act do not apply until the offender is released from custody, see § 775.21(6)(f)-(j), ( l, ) Fla....
...lent predators. See 42 U.S.C. § 14071(a) (2003). The statute imposes different registration requirements for each. [6] The statute allows sexual predators who meet certain conditions to petition the circuit court for removal of the designation. Id. § 775.21(6)( l )....
...[9] In 1998, the Legislature added sections
787.01 and
787.02 to the list of enumerated felonies giving rise to sexual predator designation. See ch. 98-81, § 3, Laws of Fla. Prior to that addition, all enumerated felonies inherently involved a sexual component as an element of the crime. See §
775.21, Fla....
...nvicted of an offense involving any sexual component." Raines v. State,
805 So.2d 999, 1000 (Fla. 4th DCA 2001) (emphasis added). [11] At the designation hearing, Robinson's counsel initially argued that the language of and legislative intent behind section
775.21 allowed trial court discretion as to whether to designate an offender....
0 red0 yellow17 green0 procedural
Cited as authorityDoe (2024)phrase: "rule_authority"
CopyCited 120 times | Published | Supreme Court of Florida | 1989 WL 68818
separate convictions and separate punishment. §
775.021(4), Fla. Stat. (1985).[2] The Gordon court below
7 red0 yellow89 green0 procedural
SupersededValdes (2009)phrase: "superseded by"
CopyCited 28 times | Published | Supreme Court of Florida | 41 Fla. L. Weekly Supp. 359, 2016 Fla. LEXIS 1969
forth the test that would later be codified in section
775.021(4)(a), Florida Statutes: A single act
0 red1 yellow19 green0 procedural
Cited as authorityDominguez (2026)phrase: "rule_authority"
CopyCited 27 times | Published | Supreme Court of Florida | 34 Fla. L. Weekly Supp. 41, 2009 Fla. LEXIS 250, 2009 WL 137514
required different elements of proof, quoting section
775.021(4), Florida Statutes (1983), which provides
0 red0 yellow21 green1 procedural
Cited as authorityLevin (2024)phrase: "rule_authority"
Cited as authorityBlackshear (2023)phrase: "rule_authority"
CopyCited 26 times | Published | Supreme Court of Florida | 2007 WL 1437467
consecutively, resulting in a twenty-year sentence. See §
775.021(4), Fla. Stat. (1997); Lifred v. State, 643 So
0 red0 yellow22 green3 procedural
Cited as authorityMartinez (2017)phrase: "rule_authority"
CopyCited 68 times | Published | Supreme Court of Florida | 1988 WL 1507
punishments, the rule of lenity contained in section
775.021(1) and our common law requires that the court
6 red0 yellow10 green0 procedural
No longer good lawLaw (2002)phrase: "no longer valid"
CopyCited 29 times | Published | Supreme Court of Florida | 1998 WL 394091
be construed most favorably to the accused." §
775.021(1), Fla. Stat. (1993); see also Cabal v. State
1 red0 yellow13 green0 procedural
OverruledHughes (2005)phrase: "overruling"
CopyCited 30 times | Published | Supreme Court of Florida | 12 Fla. L. Weekly 248
offense of another is directly contrary to section
775.021(4), Florida Statutes (1983), and to our case
0 red1 yellow9 green0 procedural
DistinguishedBarritt (1988)phrase: "distinguishing"
Cited as authorityTatara (2020)phrase: "rule_authority"
Cited as authorityLewis (2017)phrase: "rule_authority"
CopyCited 24 times | Published | Florida 1st District Court of Appeal | 2017 WL 2374401, 2017 Fla. App. LEXIS 7886
“Blockburger test” is codified in Florida in section
775.021(4), Florida Statutes, which provides: (4)(a)
0 red1 yellow13 green0 procedural
Cited "but see"Rubio (2017)phrase: "but see"
Cited as authorityDominguez (2026)phrase: "rule_authority"
CopyCited 20 times | Published | Florida 4th District Court of Appeal | 1998 WL 27798
is a lesser included offense of the other. See §
775.021(4)(b), Fla. Stat. (1995). The offenses charged
1 red0 yellow20 green0 procedural
VacatedDarby (1999)phrase: "vacated in"
Cited as authorityDelgado (2015)phrase: "rule_authority"
Cited as authorityBatista (2012)phrase: "rule_authority"
CopyCited 22 times | Published | Supreme Court of Florida
0 red0 yellow14 green0 procedural
Cited as authorityColeman (2011)phrase: "rule_authority"
Cited as authorityPerez (2006)phrase: "rule_authority"
CopyCited 21 times | Published | Supreme Court of Florida | 1996 WL 734518
0 red0 yellow16 green0 procedural
CopyCited 22 times | Published | Supreme Court of Florida | 22 Fla. L. Weekly Supp. 582, 1997 Fla. LEXIS 1456, 1997 WL 589297
statutes must be construed in favor of a defendant. §
775.021(1), Fla. Stat. (1995)(when language of code or
0 red0 yellow12 green0 procedural
Cited as authorityProgressive (2018)phrase: "rule_authority"
Cited as authorityProgressive (2017)phrase: "rule_authority"
CopyCited 21 times | Published | Florida 4th District Court of Appeal | 11 Fla. L. Weekly 321
conclusion is required by the provisions of section
775.021(4), Florida Statutes (1983), which provides:
0 red1 yellow12 green0 procedural
Cited "but see"Kopko (1991)phrase: "but see"
Cited as authorityMeshell (2009)phrase: "rule_authority"
Cited as authorityDouglas (2005)phrase: "rule_authority"
CopyCited 20 times | Published | Supreme Court of Florida
8 same-elements test, codified in section
775.021(4), Florida Statutes (2018), to determine if
0 red1 yellow14 green0 procedural
Cited as authorityDominguez (2026)phrase: "rule_authority"
Cited as authorityBoardwine (2026)phrase: "rule_authority"
CopyCited 89 times | Published | Supreme Court of Florida | 40 Fla. L. Weekly Supp. 362, 2015 Fla. LEXIS 1382, 2015 WL 3887433
(1932),] ‘same-elements’ test pursuant to section
775.021(4), Florida Statutes[,] is the sole method
4 red1 yellow49 green0 procedural
CopyCited 19 times | Published | Florida 5th District Court of Appeal | 2004 WL 2254537
...is conviction for the other and remand for resentencing. Regarding the alleged erroneous sexual predator designation, this court held in Nicholson v. State,
846 So.2d 1217 (Fla. 5th DCA 2003), that an erroneous designation as a sexual predator under section
775.21, Florida Statutes (2002), is a sentencing error that must be properly preserved for review....
...On the other hand, if the error is not a sentencing error, the fundamental error rule may apply to allow the unpreserved error to be raised for the first time on appeal. Therefore, the central issue is whether the designation of a defendant as a sexual predator pursuant to section
775.21, Florida Statutes (2002), is a sentencing error. This issue has been addressed by this court and the Second District Court, and divergent views have emerged. In Nicholson v. State,
846 So.2d 1217 (Fla. 5th DCA 2003), this court held that an erroneous designation under section
775.21 is a "sentencing error," which it broadly defined as "any error that occurs as part of the sentencing process." Id. at 1219. Adopting a simplistic approach regarding sexual predator designations, this court held that an erroneous designation falls within the definition of "sentencing error" because section
775.21(5)(a)1....
...that designation proceedings under the statute are civil actions. See also Coblentz v. State,
775 So.2d 359 (Fla. 2d DCA 2000). I very respectfully submit that the views adopted by both courts are incompatible and inconsistent with the provisions of section
775.21, Florida Statutes....
...ised for the first time on appeal. [2] Accordingly, we should decide this issue on the merits rather than summarily affirm pursuant to the preservation of error rule applicable to sentencing errors. I reach this conclusion based on the provisions of section 775.21 and the nature of a sexual predator designation. Section 775.21(3)(d), Florida Statutes (2002), specifically provides that "[t]he designation of a person as a sexual predator is neither a sentence nor a punishment but simply a status resulting from the conviction of certain crimes." In State v....
...(granting district courts authority to review interlocutory orders to the extent provided by rules of the Supreme Court). The designation of an offender as a sexual predator is based on the offender's conviction for one of the crimes specified in the Act. § 775.21(4)(c), Fla....
...s convicted and sentenced" and "is therefore appealable as an order entered after a `finding of guilt,' pursuant to rule 9.140(b)(1)(C)"); Downs v. State,
700 So.2d 789 (Fla. 2d DCA 1997) (same). Robinson,
873 So.2d at 1208-09. [3] The provisions of section
775.21 and the holding in Robinson are significant because the Legislature and the court considered designation proceedings criminal in nature, with any resulting error in the proceeding necessarily stemming from the conviction for the qualifying offense rather than the sentence....
...5th DCA 2002) ("A challenge to an underlying conviction may be raised on direct appeal or in a Rule 3.850 motion; it is not cognizable by way of Rule 3.800.") (citing Bryant v. State,
800 So.2d 692 (Fla. 5th DCA 2001), review denied,
819 So.2d 133 (Fla.2002)). In Nicholson, this court properly observed that section
775.21(5) provides that "[a]n offender who meets the sexual predator criteria ......
...who is before the court for sentencing for a current offense committed on or after October 1, 1993, is a sexual predator, and the sentencing court must make a written finding at the time of *487 sentencing that the offender is a sexual predator...." § 775.21(5)(a)2., Fla....
...91,
100 L.Ed. 757 (1955). Generally, it is the state's responsibility to bring to the trial court's attention the fact that a defendant qualifies as a sexual predator and to establish the necessary prerequisites to obtain a designation from the court. See §§
775.21(4)(c), (5)(a)(2), (5)(c), Fla....
...If the requisite showing is made, the trial court makes the designation in a written order. Hence, I believe that the statutory provisions that require a determination based on the state's showing that the person qualifies as a sexual predator are more analogous to a conviction than to a sentence. While part of section 775.21(5)(a) permits the designation to be made at the time of sentencing, just as this court in Nicholson observed, what this court overlooked or failed to fully consider is that other provisions of section 775.21 clearly provide that a motion may be filed, a hearing may be conducted and an order of designation may be entered long after the date sentence was imposed. For example, provision is made for designation subsequent to sentencing pursuant to sections 775.21(5)(a)1. and 775.21(5)(c), which apply respectively to instances where the trial court failed to make the designation at the time of sentencing and instances where the information that the defendant qualifies for designation was discovered subsequent to sentencing for the current or qualifying offense....
...5th DCA 2002); Geri v. State,
797 So.2d 605 (Fla. 1st DCA 2001); Durr v. State,
773 So.2d 644 (Fla. 5th DCA 2000). However, rule 3.800(a) applies to illegal sentences and the Legislature and the courts have repeatedly held that a sexual predator designation under section
775.21 is not a sentence or a form of punishment. More importantly, this court has specifically held that an erroneous designation under section
775.21 is not correctable under rule 3.800....
...The remedy provided by rule 3.850 may not be available if the designation is made long after expiration of the time limits for filing a motion under the rule. For example, in Walk v. State,
707 So.2d 933 (Fla. 5th DCA 1998), the state filed a motion under section
775.21 to have the defendant declared a sexual predator in February 1997, which was several years after the defendant was convicted and sentenced....
...per and specific findings of reliability and trustworthiness; 3) whether the State committed prosecutorial misconduct and invaded the province of the jury by bolstering the credibility of the victim; and 4) whether the Florida Sexual Predator's Act, section 775.21, Florida Statutes (2002), is unconstitutional because it violates procedural due process....
...State,
855 So.2d 1281 (Fla. 3d DCA 2003). [2] Blockburger v. United States,
284 U.S. 299,
52 S.Ct. 180,
76 L.Ed. 306 (1932). [1] Although this court cites this section for the requirement that the designation be made during sentencing, the correct citation is to section
775.21(5)(a)2....
...4th DCA 1997), the trial court entered the order after the defendant had been convicted and sentenced. The state argued that the order was not an appealable order. The court rejected that argument and held: Defendant appeals an order in which the trial court found him to be a sexual predator pursuant to section 775.21, Florida Statutes (Supp.1996)....
...ed. The court upheld the designation and stated: The sexual predator designation "is neither a sentence nor a punishment but simply a status resulting from the conviction of certain crimes." Fletcher v. State,
699 So.2d 346, 347 (Fla. 5th DCA 1997). Section
775.21(4)(b)2, Florida Statutes (Supp.1996), like section
775.21(4)(a)2, allows trial courts to designate offenders who committed their current offenses between October 1, 1995, and October 1, 1996, as sexual predators after they have been sentenced for the current offense....
...5th DCA 2001), review denied,
851 So.2d 729 (Fla. 2003), and cert. denied, ___ U.S. ___,
124 S.Ct. 1442,
158 L.Ed.2d 103 (2004); Rickman v. State,
714 So.2d 538, 539 (Fla. 5th DCA 1998) ("This court has previously held that the registration requirement of sec.
775.21, F.S. (Supp.1996) are [sic] procedural and regulatory in nature and do not constitute punishment."); Fletcher v. State,
699 So.2d 346, 347 (Fla. 5th DCA 1997) ("[S]ection
775.21 violates neither the ex post facto clause nor Rule 3.800 because the designation `sexual predator' is neither a sentence nor a punishment but simply a status resulting from the conviction of certain crimes."), review denied,
707 So.2d 1124 (Fla.1998); see also State v....
0 red0 yellow14 green0 procedural
Cited as authorityGriffith (2017)phrase: "rule_authority"
Cited as authorityHughes (2016)phrase: "rule_authority"
CopyCited 39 times | Published | Supreme Court of Florida
legislatively eliminated from the law of Florida. §
775.021(4), Fla. Stat. (1977);[3]Borges v. State, 415
13 red0 yellow11 green0 procedural
OverruledDugger (1993)phrase: "overruled by"
OverruledDugger (1993)phrase: "was overruled"
CopyCited 21 times | Published | Supreme Court of Florida | 1988 WL 90898
three-year minimum mandatory sentences described by section
775.021(4), Florida Statutes (1983), could not be imposed
0 red1 yellow8 green0 procedural
DistinguishedYoung (1994)phrase: "distinguishing"
Cited as authorityHughes (2005)phrase: "rule_authority"
CopyCited 89 times | Published | Supreme Court of Florida
two or more separate, statutory offenses. Section
775.021(4), Florida Statutes (1979), supplies the answer
20 red2 yellow14 green1 procedural
OverruledBrown (2000)phrase: "overruling"
CopyCited 20 times | Published | Supreme Court of Florida | 1992 WL 86531
OCCURRED *799 AFTER THE EFFECTIVE DATE OF SECTION
775.021, FLORIDA STATUTES (SUPP. 1988), IS IT UNLAWFUL
0 red0 yellow10 green0 procedural
Cited as authorityPaul (2006)phrase: "rule_authority"
Cited as authorityKelso (2005)phrase: "rule_authority"
CopyCited 20 times | Published | Supreme Court of Florida | 1990 WL 32483
eligibility for parole. We recognized that section
775.021(4), Florida Statutes (1981), requires separate
0 red0 yellow9 green0 procedural
Cited as authorityBedoya (1994)phrase: "rule_authority"
Cited as authorityWhite (1993)phrase: "rule_authority"
CopyCited 59 times | Published | Supreme Court of Florida | 2002 WL 1448825
...Likewise, they recommended against J.M.'s placement in any higher-level, residential juvenile sexual offender program that specialized in more serious, older offenders. Subsequently, after juvenile sanctions were imposed, the State requested that the court classify J.M. as a sexual predator, pursuant to section 775.21, Florida Statutes (2000), also known as "The Florida Sexual Predators Act" ("Predator Act"). Section 775.21(4)(a) provides, in relevant part, that " upon conviction, an offender shall be designated as a `sexual predator'......
...of chapter 794." [4] (Emphasis added.) In the definitions section of the Predator Act, the term "conviction" is defined as meaning "a determination of guilt which is the result of a trial or the entry of a plea of guilty or nolo contendere, regardless of whether adjudication is withheld." § 775.21(2)(c), Fla....
...In Payne, the Second District, while acknowledging that section 985.233(4)(b) provides that an adjudication of delinquency should not be deemed a conviction, nevertheless held that an adjudication of delinquency should operate as a conviction for purposes of applying the Predator Act "because of the unique nature of section 775.21." Id....
...an "[a]djudication of delinquency shall not be deemed a conviction, nor shall it operate to impose any of the civil disabilities ordinarily resulting from a conviction." J.M.,
783 So.2d at 1206. Judge Ervin also noted that "[t]here is no language in section
775.21 that demonstrates any legislative intent to abrogate the long-standing statutory mandate excluding adjudications for delinquency from the consequences of conviction, unless expressly stated otherwise." Id....
...of delinquency shall not be deemed a conviction, nor shall it operate to impose any of the civil disabilities ordinarily resulting from a conviction." This unambiguous language must then be considered in conjunction with the unambiguous language of section 775.21(4)(a), which states that an individual will be designated a sexual predator only upon conviction of certain crimes....
...In the definitions section of the Predator Act, the term "conviction" is defined as meaning "a determination of guilt which is the result of a trial or the entry of a plea of guilty or nolo contendere, regardless of whether adjudication is withheld." § 775.21(2)(c), Fla....
...For example, under the Act a sexual offender can be designated as a sexual predator in two different ways, based on the severity of the offender's "current offense." First, in cases involving a serious current offense, an offender can be designated a sexual predator after a single conviction. See § 775.21(4)(a)1.a., Fla. Stat. (2000). Second, in cases where the current offense is less serious, the sexual offender can still be designated a sexual predator, if the offender also has prior felonies. See § 775.21(4)(a)1.b., Fla. Stat. (2000). Subsection 775.21(4)(b) reads, in relevant part: In order to be counted as a prior felony for purposes of this subsection, the felony must have resulted in a conviction sentenced separately, or an adjudication of delinquency entered separately, prior to...
...(Emphasis added.) Although this section was not applicable to J.M., the wording demonstrates that the Legislature was *111 aware of the distinct status of adjudications of delinquency in drafting the Predator Act, and that it intended for adjudications to be counted as "prior felonies" under the provisions of section 775.21(4)(b). Obviously, if the Legislature intended an adjudication of delinquency to operate as a "conviction" under the Act, it could easily have done so in the same manner provided in section 775.21(4)(b). The statutory scheme could have included adjudications of delinquency in the definition of a conviction in the Predator Act or, alternatively, could have provided in section 775.21(4)(a) that sexual predator status attached upon conviction or adjudication of delinquency....
...ng juveniles tried as adults and found to have violated the law. Accordingly, the provisions in section 985.233(4)(b) excluding adjudications of delinquency from the definition of "conviction," takes precedence over the definition of "conviction" in section 775.21(2)(c), which generally applies to all sexual offenders....
...calating pattern of offenses). Civil Disabilities We also note that section 985.233(4)(b) specifically states that adjudications *114 of delinquency should not "operate to impose any of the civil disabilities ordinarily resulting from a conviction." Section 775.21(6)( l ) of the Predator Act requires a sexual predator to register with the Florida Department of Law Enforcement (FDLE) for life, with a limited right to petition for removal of predator status after twenty years....
...is likely to be rehabilitated and is unlikely to commit another sexual offense. From its order, it is also apparent the trial court had concluded that sexual predator designation was inappropriate in this case. [13] CONCLUSION As the First District noted, "[t]here is no language in section
775.21 that demonstrates any legislative intent to abrogate the long-standing statutory mandate excluding adjudications of delinquency from the consequences of conviction, unless expressly stated otherwise." J.M.,
783 So.2d at 1205....
...was charged under section
794.011(2)(b) and thus, under the sexual predator statute, if J.M. were an adult, his criminal conviction would trigger designation as a sexual predator. [5] Once an offender has been deemed a sexual predator, the offender must comply with the registration and notice provisions of the statute. See §
775.21(6), Fla. Stat. (2000) (requiring all sexual predators to register with the Florida Department of Law Enforcement); §
775.21(7), Fla....
...[9] The district court also noted that "[T]his general rule especially holds true when both laws are passed during the same legislative session." J.M.,
783 So.2d at 1206. As the State correctly points out, the pertinent parts of section 985.233 and section
775.21 were not passed in the same legislative session....
...control over a general statute still applies. [10] Section 921.0011(2), Florida Statutes (2000), states that "`[c]onviction' means a determination of guilt that is the result of a plea or a trial regardless of whether adjudication is withheld." [11] Section 775.21(6)( l ) reads, in pertinent part: A sexual predator must maintain registration with the department for the duration of his or her life, unless the sexual predator has received a full pardon or has had a conviction set aside in a postco...
...nd who has not been arrested for any felony or misdemeanor offense since release may petition the criminal division of the circuit court in the circuit in which the sexual predator resides for the purpose of removing the sexual predator designation. § 775.21(6)( l ), Fla....
CopyCited 34 times | Published | Supreme Court of Florida
and possession charges on the ground that section
775.021(4), Florida Statutes (1981), precludes multiple
9 red0 yellow16 green0 procedural
Receded fromBoschen (1994)phrase: "receded from"
Receded fromWeller (1991)phrase: "receded from"
Receded fromBrown (1990)phrase: "receded from"
CopyCited 18 times | Published | Supreme Court of Florida | 13 Fla. L. Weekly 591
subject to separate convictions and punishment. §
775.021(4), Fla. Stat. (1985). The conclusion of the majority
0 red0 yellow10 green0 procedural
Cited as authorityMERRIEX (2010)phrase: "rule_authority"
Cited as authorityKnowles (2010)phrase: "rule_authority"
CopyCited 18 times | Published | Florida 3rd District Court of Appeal | 2003 WL 22399573
...Doe,
538 U.S. 1,
123 S.Ct. 1160,
155 L.Ed.2d 98 (2003); we withdraw our prior opinion filed on January 15, 2003, and substitute the following in its place. This is an appeal from a final order declaring the defendant a "sexual predator," in accordance with section
775.21, Florida Statutes (1999), the Florida Sexual Predator Act ("FSPA")....
...nd to be supervised by probation officers with low caseloads; 2. Requiring sexual predators to register with the Florida Department of Law Enforcement, ...; and 3. Requiring community and public notification of the presence of a sexual predator,.... § 775.21(3)(a)(b) & (e), Fla. Stat. (1999). Under FSPA, the sole determination to be made by the trial court, before designating a person a "sexual predator," is whether that person had the prerequisite criminal conviction. See § 775.21(5)(a)(1), Fla....
...unctory" by the *1285 courts. See e.g., Thomas v. State,
716 So.2d 789, 790 (Fla. 4th DCA 1998). Once an offender has been designated a "sexual predator," the registration and public notification requirements of FSPA are automatically triggered. See §
775.21(6), Fla. Stat. An offender must, within forty-eight (48) hours, register with the Department of Law Enforcement ("FDLE") or, alternatively, the sheriff's office, and with the Department of Highway Safety and Motor Vehicles ("DMV"). [5] See §
775.21(6)(a), (e), & (f), Fla....
...FSPA authorizes the DMV to give the offender's photograph to FDLE for purposes of public notification, [7] and also requires FDLE to take the offender's registration information and photograph and *1286 place it on the internet for worldwide distribution. See § 775.21(7)(c), Fla....
...County law enforcement also has a statutory duty to provide this same information to the public through other means. See §
775.32(7)(a), Fla. Stat. [8] Broad immunity is afforded anyone acting in good faith in the implementation of FSPA's notification requirements. See §
775.21(9), Fla. Stat. [9] An offender must appear in person at a DMV office to notify it of any change of residence, which is forwarded to FDLE and posted on its website. See §
775.21(6)(g), Fla. Stat. If an offender plans to move out-of-state, he or she must inform DMV at least forty-eight (48) hours before leaving. See §
775.21(6), Fla. Stat. All of this registration information must be updated by the offender for the "duration of his or her life." [10] See §
775.21(6)( l ), Fla. Stat. Failure to comply with these registration requirements is a third-degree felony. See §
775.21(10)(a), Fla. Stat. Finally, FSPA also automatically prohibits specific offenders, from working "at any business, school, day care center, park, playground, or other place where children regularly congregate ...." §
775.21(10)(b), Fla....
...s in Alaska, Smith's state of origin) [15] , but the sheriff of the county or the chief of police of the municipality where the sexual predator ... maintains a permanent or temporary residence shall notify members of the community and the public.... § 775.21(7)(a), Fla....
...1983,
32 L.Ed.2d 556 (1972)) (alterations in original). It is undisputed that the defendant here was provided no process as FSPA requires an automatic determination of "sexual predator status" if one of the enumerated crimes has been committed. [22] See §
775.21(5)(a), Fla....
...ness simply does not matter. Id. at 1164 (emphasis added). Unlike the Connecticut statute, which makes no determination that an offender is dangerous, FSPA specifically provides that sexual predators "present an extreme threat to the public safety." § 775.21(3)(a), Fla. Stat. As a result of this "threat," the legislature has justified its mandate that "sexual predators" follow its registration and notification requirements, as well as the employment restrictions contained in FSPA. See § 775.21(3)(b)....
...Under the Cramp test, the first question is whether the unconstitutional provisions can be separated from the remaining valid provisions. Cramp,
137 So.2d at 830. The answer is yes. The website contains a listing of sex offenders under Florida's various statutes on the subject. See §§
775.21,
943.0435,
944.607, Fla. Stat. All criminal history information is reported in the same format, with the exception that those who qualify as predators under section
775.21 carry the designation "predator" *1292 in red letters on the summary page listing the various offenders....
...The website and other public notification materials can substitute a neutral term, such as "sexual offender," or "criminal history information," in place of the stricken term. Similarly, the statute contains regulations for the registration of offenders who meet the statutory criteria. See § 775.21(6), Fla. Stat. The registration requirements remain enforceable. In entering an adjudication under this statute, the court should simply adjudicate that the offender qualifies under section 775.21, Florida Statutes, rather than adjudicating the offender to be a "sexual predator." The second question under Cramp is whether the legislative purpose expressed in the valid provisions can be accomplished independently of those which are void....
...By adjusting the terminology, the constitutional defect in this statute can be corrected and the statute brought into compliance with Smith v. Doe and Connecticut Department of Public Safety v. Doe. It is clear that there must be uniform statewide procedures under section 775.21, and equally clear that the Florida Supreme Court must authoritatively resolve the constitutional issue....
...322.142, the Department of Highway Safety and Motor Vehicles is authorized to release a reproduction of a color-photograph or digital-image license to the Department of Law Enforcement for purposes of public notification of sexual predators as provided in this section. § 775.21(6)(g), Fla....
...vehicle identification numbers of motor vehicles, place of employment, date of birth, crime for which convicted, date of conviction, place and court of conviction, length and conditions of sentence,.... Alaska Stat. § 18.65.087(b) (2000). [16] See § 775.21(6), Fla. Stat. [17] See § 775.21(10)(b), Fla. Stat. [18] See § 775.21(9), Fla....
...[22] The defendant was charged with, and pled guilty to sexual battery on a physically incapacitated victim by multiple perpetrators. A single conviction for a multiple perpetrator sexual battery of a physically incapacitated victim automatically "classified" the defendant as a sexual predator. See § 775.21(4)(a), Fla....
...upreme Court read such a requirement into the statute. See Doe v. Poritz, 142 N.J. 1, 662 A.2d 367, 381-85 (1995). Without this judicial amendment to the statute it would have been unconstitutional. Id. at 421-22. We however, cannot judicially amend section 775.21, as that province in Florida is left solely to the legislature....
0 red2 yellow8 green0 procedural
DistinguishedMilks (2005)phrase: "distinguishing"
Cited "but see"Therrien (2003)phrase: "but see"
Cited with approvalSwindle (2006)phrase: "cited with approval"
CopyCited 15 times | Published | Florida 5th District Court of Appeal | 2007 WL 485988
two-part Blockburger[2] test, codified at section
775.021(4)(a), Florida Statutes, to determine whether
0 red0 yellow17 green0 procedural
Cited as authoritySayre (2017)phrase: "rule_authority"
CopyCited 17 times | Published | Supreme Court of Florida | 10 Fla. L. Weekly 467
included offense of first-degree felony murder. Section
775.021(4), Florida Statutes (1981), excluded lesser
0 red0 yellow11 green0 procedural
CopyCited 17 times | Published | Supreme Court of Florida | 1995 WL 500396
775.087(2),[2] Florida Statutes (1981), and section
775.021(4),[3] Florida Statutes (1981), were read together
0 red1 yellow10 green0 procedural
CopyCited 16 times | Published | Supreme Court of Florida | 1992 WL 324894
(1983). Our legislature expressed its intent in section
775.021(4), Florida Statutes (1989), which provides:
0 red0 yellow13 green0 procedural
Cited as authorityDunn (2016)phrase: "rule_authority"
CopyCited 58 times | Published | Supreme Court of Florida | 2006 WL 3741053
5 red0 yellow85 green0 procedural
VacatedFleming (2017)phrase: "vacated in"
CopyCited 29 times | Published | Supreme Court of Florida | 2001 WL 278107
the defendant under the rule of lenity and section
775.021(1), Florida Statutes (1997). Indeed, the same
2 red0 yellow16 green0 procedural
AbrogatedShiflet (2010)phrase: "abrogated by"
DisapprovedJones (2002)phrase: "disapproving"
Cited as authorityMcNeil (2015)phrase: "rule_authority"
CopyCited 21 times | Published | Supreme Court of Florida | 2005 WL 243274
...Polin, Criminal Appeals Bureau Chief, Miami, FL, for Appellant. Bennett H. Brummer, Public Defender and John Eddy Morrison, Assistant Public Defender, Eleventh Judicial Circuit, Miami, FL, for Appellee. BELL, J. We have before us two cases challenging the constitutionality of the Florida Sexual Predators Act, section 775.21, Florida Statutes (2003)....
...ties but not addressed by the district courts below. I. BACKGROUND The Florida Sexual Predators Act lists certain offenses (and combinations of offenses) and mandates that a person convicted of any such offense be designated a "sexual predator." See § 775.21(4)(a)(1), Fla. Stat. (2003) (sexual predator criteria); § 775.21(5), Fla. Stat. (2003) (designation). Once designated as such, a "sexual predator" is subject, among other things, to the Act's registration and public-notification requirements. § 775.21(6), Fla. Stat. (2003) (registration); § 775.21(7), Fla....
...at 1290, the Third District held that the Act "fails to provide minimal procedural due process." Id. at 1282. Relying on the statement of legislative findings contained in the Act, which state, among other things, that sexual predators "present an extreme threat to the public safety," § 775.21(3)(a), Fla. Stat. (2003), justifying the Act's registration and notification requirements, § 775.21(3)(b), Fla....
...at 7,
123 S.Ct. 1160. That is all that procedural due process requires. [6] B. Separation of Powers The Act vests no discretion in the trial courts with respect to determining *929 whether the Act should apply to a particular qualifying offender. See §
775.21(4)(a)(1), Fla....
...and other requirements of the Act. It seems apparent that the real objection to the Act is that it "creates an inflexible rule that will stigmatize some offenders who are not within the three distinct classes of offenders the Legislature targeted in section 775.21(3)(a)." Id....
...tions [that] implicate more than merely a stigma to one's reputation,"
873 So.2d at 1214: We believe the Act imposes more than a stigma.... [U]nder the Act, a person designated a sexual predator is subject to life-long registration requirements. See §
775.21(5), Fla....
...." Giorgetti v. State,
821 So.2d 417, 422 (Fla. 4th DCA 2002), approved,
868 So.2d 512 (Fla.2004). To the contrary, the failure of a designated sexual offender to comply with these and other requirements of the Act constitutes a third-degree felony. §
775.21(10). Moreover, a designated sexual predator is prohibited from seeking certain tort remedies, see §
775.21(9), and from working "where children regularly congregate." §
775.21(10)(b)....
...iffers from Florida's in that Connecticut's "makes no determination that an offender is dangerous, [while Florida's] specifically provides that sexual predators `present an extreme threat to the public safety.'" Espindola,
855 So.2d at 1290 (quoting §
775.21(3)(a), Fla....
...protect public safety." § 775.225, Fla. Stat. (1995). The Legislature's 1996 revisions, however, removed the pre-public-notification "dangerousness" hearing and made public notification dependent only on one's designation as a sexual predator, see § 775.21(7), Fla....
...ereby take Florida's Act outside the scope of Doe, by emphasizing the express legislative findings contained in Florida's Act. The Florida Legislature found, among other things, that sexual predators "present an extreme threat to the public safety," § 775.21(3)(a), Fla. Stat. (2003), and that this threat justified the Act's registration and public-notification requirements. § 775.21(3)(b), Fla....
...Under the Cramp test, the first question is whether the unconstitutional provisions can be separated from the remaining valid provisions. Cramp,
137 So.2d at 830. The answer is yes. The website contains a listing of sex offenders under Florida's various statutes on the subject. See §§
775.21,
943.0435,
944.607, Fla. Stat. All criminal history information is reported in the same format, with the exception that those who qualify as predators under section
775.21 carry the designation "predator" in red letters on the summary page listing the various offenders....
...The website and other public notification materials can substitute a neutral term, such as "sexual offender," or "criminal history information," in place of the stricken term. Similarly, the statute contains regulations for the registration of offenders who meet the statutory criteria. See § 775.21(6), Fla. Stat. The registration requirements remain enforceable. In entering an adjudication under this statute, the court should simply adjudicate that the offender qualifies under section 775.21, Florida Statutes, rather than adjudicating the offender to be a "sexual predator." The second question under Cramp is whether the legislative purpose expressed in the valid provisions can be accomplished independently of those which are void....
0 red0 yellow5 green5 procedural
Cited as authorityAlston (2024)phrase: "rule_authority"
Cited as authorityDoe (2015)phrase: "rule_authority"
Cited as authorityDoe (2013)phrase: "rule_authority"
CopyCited 13 times | Published | Florida 4th District Court of Appeal | 2003 WL 21697171
the manner most favorable to the accused. See §
775.021(1), Fla. Stat. (2002); Perkins v. State, 576 So
0 red1 yellow20 green1 procedural
Cited "but see"Collins (2004)phrase: "but see"
Cited with approvalPETRUNY (2006)phrase: "cited with approval"
Cited as authorityPETRUNY (2006)phrase: "rule_authority"
CopyCited 16 times | Published | Supreme Court of Florida | 1992 WL 110898
legislature made the following changes in section
775.021(4): (4)(a) Whoever, in the course of one criminal
0 red0 yellow11 green0 procedural
Cited as authorityAnderson (2011)phrase: "rule_authority"
CopyCited 34 times | Published | Florida 1st District Court of Appeal | 2003 WL 1798108
...ed from a former statute number to one of those listed in this subparagraph." See §
943.0435(1)(a)1., Fla. Stat. (2001). The registration requirements of section
943.0435 do not apply to a sexual offender who is also a sexual predator as defined by section
775.21, because they must register as required by section
775.21....
0 red0 yellow1 green0 procedural
Cited as authorityMilton (2009)phrase: "rule_authority"
CopyCited 26 times | Published | Supreme Court of Florida | 1997 WL 211582
the stacking of mandatory minimum terms, and section
775.021, Florida Statutes (1993), entitled "Rules of
2 red0 yellow21 green0 procedural
DisapprovedWalton (2013)phrase: "disapproving"
OverruledWalton (2013)phrase: "overruled by"
Cited as authorityELDER (2024)phrase: "rule_authority"
CopyCited 14 times | Published | Supreme Court of Florida | 2008 WL 3926789
...Bill McCollum Attorney General, and Celia Terenzio, Senior Assistant Attorney General, Bureau Chief, and Daniel P. Hyndman, Assistant Attorney General, West Palm Beach, FL, for Respondent. PER CURIAM. The district courts are in conflict regarding whether a challenge to a sexual predator designation imposed pursuant to section 775.21(5), Florida Statutes (2003), may be raised in a Florida Rule of Criminal Procedure 3.800(a) motion to correct an illegal sentence filed in criminal court....
...the structure of our procedural rules have engendered confusion and conflict in the lower courts that we must resolve. As stated earlier, the conflict issue we must resolve is whether a challenge to a sexual predator designation imposed pursuant to section 775.21(5) may be raised in a rule 3.800(a) motion to correct an illegal sentence filed in criminal court....
...rely a status. See Boyer,
946 So.2d at 75; Saintelien,
937 So.2d at 235. These two districts are correct that a sexual predator designation is "neither a sentence nor a punishment but simply a status resulting from the conviction of certain crimes." §
775.21(3)(d), Fla....
...Nonetheless, the reality is that, in order to fulfill the Florida Sexual Predators Act's requirement that the sexual predator designation be made "upon conviction" of a qualifying offense, our criminal trial courts make the designation at (or shortly after) sentencing on the qualifying offense(s). See § 775.21(4)(a)....
...d despite a lack of objectionconstitute "illegal sentences." See Maddox v. State,
760 So.2d 89, 100 (Fla.2000) As the statute itself states, and we have acknowledged, a sexual predator designation is neither a sentence nor a punishment. See, e.g., §
775.21(3)(d), Fla....
...The majority's decision is based on another flawed premise: that sexual predator designations are made "at (or shortly after) sentencing on the qualifying offense(s)." Majority op. at 496. This is not always the case. Where the trial court does not make the finding at sentencing, it can be made later. See § 775.21(5)(c), Fla....
...[4] We will refer the issue raised in this case to the appropriate committee(s) to consider whether it would be appropriate or desirable to amend the procedural rules. [5] We decided Robinson before the Legislature added subsections (4)(d) and (5)(a)(1) to section 775.21....
0 red0 yellow15 green0 procedural
Cited as authorityKorson (2025)phrase: "rule_authority"
Cited as authorityCollins (2023)phrase: "rule_authority"
CopyCited 19 times | Published | Florida 5th District Court of Appeal
court observed that the recent amendment of section
775.021(4), Florida Statutes, specifically adopted
0 red0 yellow6 green2 procedural
Cited as authorityHarper (2011)phrase: "rule_authority"
Cited as authoritySimmons (1991)phrase: "rule_authority"
Cited as authorityHernandez (1990)phrase: "rule_authority"
CopyCited 61 times | Published | Supreme Court of Florida | 2001 WL 169675
the Blockburger[2] test, as *20 codified in section
775.021, Florida Statutes (1997), to determine whether
12 red0 yellow50 green0 procedural
CopyCited 14 times | Published | Florida 4th District Court of Appeal | 1999 WL 17813
0 red1 yellow13 green0 procedural
Declined to follow(citing case) (2005)phrase: "declined to follow"
CopyCited 16 times | Published | Florida 1st District Court of Appeal | 1998 WL 233360
legislatively overruled by the adoption in 1988 of section
775.021(4)(b), Florida Statutes. In Pierce v. State
0 red0 yellow9 green0 procedural
CopyCited 18 times | Published | Supreme Court of Florida | 11 Fla. L. Weekly 124
0 red0 yellow6 green0 procedural
Cited as authorityMcCune (2024)phrase: "rule_authority"
Cited as authorityRodriguez (2007)phrase: "rule_authority"
CopyCited 71 times | Published | Supreme Court of Florida | 41 Fla. L. Weekly Supp. 587, 2016 Fla. LEXIS 2598
impose consecutive mandatory minimum sentences. Section
775.021(4)(a) unequivocally provides: Whoever, in the
2 red0 yellow27 green0 procedural
Receded fromMills (2024)phrase: "receded from"
Cited as authorityMellard (2025)phrase: "rule_authority"
CopyCited 14 times | Published | Florida 4th District Court of Appeal | 2004 WL 2451643
injunction is violated by simple battery. Section
775.021(4), Florida Statutes (2000), incorporates the
0 red1 yellow11 green0 procedural
DistinguishedHarris (2007)phrase: "distinguishing"
CopyCited 14 times | Published | Florida 2nd District Court of Appeal | 2005 WL 596984
...His sentence for count I is affirmed. Convictions and designation affirmed; sentences affirmed in part and reversed in part; case remanded for resentencing. DAVIS and SILBERMAN, JJ., Concur. NOTES [1] See §
794.011(2)(a), Fla. Stat. (1997). [2] See §
794.011(8)(b). [3] See §
775.21(5), Fla....
0 red0 yellow12 green0 procedural
Cited as authorityBlair (2016)phrase: "rule_authority"
CopyCited 14 times | Published | Florida 4th District Court of Appeal | 1995 WL 1640
course of one criminal transaction or episode. Section
775.021(4)(b), Florida Statutes (1991), provides in
0 red0 yellow10 green0 procedural
CopyCited 19 times | Published | Supreme Court of Florida | 2002 WL 87371
under the statutory lenity rule set out in section
775.021(1), Florida Statutes (1997). Initially, we
0 red0 yellow4 green0 procedural
Cited as authorityCimaglia (2012)phrase: "rule_authority"
Cited as authoritySermon (2009)phrase: "rule_authority"
Cited as authorityMcDonald (2007)phrase: "rule_authority"
CopyCited 11 times | Published | Florida 2nd District Court of Appeal | 2013 WL 1442150, 2013 Fla. App. LEXIS 5670
That obligation is expressly set forth in section
775.021(1), which commands that the provisions of the
0 red3 yellow17 green0 procedural
DistinguishedShootes (2025)phrase: "distinguishing"
DistinguishedGarrett (2022)phrase: "distinguishing"
CopyCited 13 times | Published | Florida 2nd District Court of Appeal | 2004 WL 351149
employ the Blockburger test, as codified in section
775.021, Florida Statutes (1997), to determine whether
0 red0 yellow11 green0 procedural
Cited as authorityMcCullough (2017)phrase: "rule_authority"
CopyCited 64 times | Published | Supreme Court of Florida | 10 Fla. L. Weekly 441
discretion, for each and every homicide. See §
775.021(4), Fla. Stat. (1983). In remanding for resentencing
4 red1 yellow24 green0 procedural
Receded fromSimmons (1991)phrase: "receded from"
Receded fromLove (1990)phrase: "receded from"
CopyCited 12 times | Published | Court of Appeals for the Eleventh Circuit | 1988 U.S. App. LEXIS 14858, 1988 WL 106040
have been afforded the protection of Fla. Stat. §
775.021(1) (1981). Under that section, Florida provides
0 red0 yellow13 green2 procedural
Cited as authorityWalker (2022)phrase: "rule_authority"
Cited as authoritySainmelus (2020)phrase: "rule_authority"
Cited as authorityBowers (2020)phrase: "rule_authority"
CopyCited 15 times | Published | Supreme Court of Florida
the district court interpreted that part of section
775.021(4), Florida Statutes (1979), which states that
0 red1 yellow5 green0 procedural
DistinguishedRodriquez (1983)phrase: "distinguishing"
Cited as authorityKelso (2007)phrase: "rule_authority"
Cited as authorityKelso (2005)phrase: "rule_authority"
CopyCited 13 times | Published | Florida 4th District Court of Appeal | 2002 Fla. App. LEXIS 3019, 2002 WL 385576
determined to be a sexual predator as defined in section
775.21. The trial court found that appellant was a
0 red0 yellow9 green0 procedural
Cited as authorityAH (2011)phrase: "rule_authority"
CopyCited 39 times | Published | Supreme Court of Florida
CopyCited 51 times | Published | Supreme Court of Florida | 2006 WL 1699524
employ the Blockburger[2] test, as codified in section
775.021, Florida Statutes (1997), to determine whether
13 red0 yellow39 green0 procedural
Receded fromBertonatti (2015)phrase: "receded from"
CopyCited 12 times | Published | Supreme Court of Florida | 1992 WL 68964
construed most favorably to the accused. Id.; §
775.021(1), *1057 Fla. Stat. (1989). Moreover, section
0 red0 yellow11 green0 procedural
Cited as authorityRodriguez (2017)phrase: "rule_authority"
Cited as authorityGraham (2014)phrase: "rule_authority"
Cited as authorityBlackmon (2013)phrase: "rule_authority"
CopyCited 13 times | Published | District Court of Appeal of Florida | 1998 WL 634782
proof of an element that the other does not. See §
775.021(4)(a), Fla. Stat. (1997); State v. Smith, 547
0 red0 yellow8 green0 procedural
Cited as authorityPaul (2006)phrase: "rule_authority"
CopyCited 13 times | Published | Florida 5th District Court of Appeal | 2001 WL 929927
the Florida Sexual Predators Act (the Act), section
775.21, Florida Statutes (2000). Kelly appeals his
0 red0 yellow8 green3 procedural
Cited as authorityBouchillon (2004)phrase: "rule_authority"
CopyCited 12 times | Published | Supreme Court of Florida | 1996 WL 580315
0 red0 yellow9 green0 procedural
Cited as authorityDixon (2023)phrase: "rule_authority"
CopyCited 12 times | Published | Supreme Court of Florida | 2003 WL 252117
force, violence, assault, or putting in fear. Section
775.021(4)(b), Florida Statutes (1997), entitled "Rules
0 red0 yellow9 green0 procedural
CopyCited 13 times | Published | District Court of Appeal of Florida
punishments for robbery and theft, it looked to section
775.021, which provides that “[t]he intent of the Legislature
0 red0 yellow7 green0 procedural
CopyCited 10 times | Published | Supreme Court of Florida | 36 Fla. L. Weekly Supp. 270, 2011 Fla. LEXIS 1345, 2011 WL 2375217
employ the Blockburger [2] test, as codified in section
775.021, Florida Statutes, to determine whether separate
0 red0 yellow15 green1 procedural
Cited as authorityGunn (2024)phrase: "rule_authority"
CopyCited 10 times | Published | Florida 2nd District Court of Appeal | 2008 Fla. App. LEXIS 11426, 2008 WL 2853147
Florida, this test is codified as part of section
775.021, Florida Statutes (2004). The courts have acknowledged
0 red0 yellow14 green0 procedural
Cited as authorityDisdier (2023)phrase: "rule_authority"
Cited as authorityWiles (2016)phrase: "rule_authority"
CopyCited 12 times | Published | Supreme Court of Florida | 1994 WL 26997
Multiple punishments thus are not allowed. Section
775.021(4)(b)2., Fla. Stat. (1989). See also Houser
0 red0 yellow8 green0 procedural
CopyCited 11 times | Published | Supreme Court of Florida | 2001 WL 1839147
this Court receded from Jimenez and held: In section
775.021(1), Florida Statutes (1997), the Legislature
1 red0 yellow9 green1 procedural
Receded fromRuiz (2003)phrase: "receded from"
Cited as authorityHannon (2007)phrase: "rule_authority"
CopyCited 11 times | Published | Florida 4th District Court of Appeal | 2002 WL 31757528
contains an element that the other lacks. See §
775.021(4)(a), Fla. Stat. (2000). "The proper analysis
0 red0 yellow10 green0 procedural
CopyCited 14 times | Published | Supreme Court of Florida | 1988 WL 59164
unpersuaded by the state's suggestion that section
775.021(4), Florida Statutes (1985), mandates a different
0 red0 yellow5 green0 procedural
Cited as authorityDarden (1994)phrase: "rule_authority"
CopyCited 14 times | Published | District Court of Appeal of Florida
of the above cited cases, Florida enacted Section
775.021(4) effective October of 1976 which reads as
0 red0 yellow5 green1 procedural
Cited as authorityJones (1992)phrase: "rule_authority"
Cited as authorityRoss (1984)phrase: "rule_authority"
CopyCited 10 times | Published | Florida 4th District Court of Appeal | 2014 WL 51703, 2014 Fla. App. LEXIS 146
the elements of traveling to meet a minor. See §
775.021(4), Fla. Stat. (2011). Traveling to meet a minor
0 red0 yellow13 green0 procedural
Cited as authorityK.Y. (2022)phrase: "rule_authority"
Cited as authorityLittleman (2017)phrase: "rule_authority"
CopyCited 13 times | Published | Florida 5th District Court of Appeal | 2003 WL 21294060
qualify for sentencing as a sexual predator under section
775.21, Florida Statutes (1999), and that it was error
0 red1 yellow5 green1 procedural
Declined to followCoblentz (2003)phrase: "declined to follow"
Cited as authorityMcMahon (2012)phrase: "rule_authority"
Cited as authoritySaintelien (2008)phrase: "rule_authority"
CopyCited 12 times | Published | District Court of Appeal of Florida
continuous course of events. He contends that Section
775.021, Florida Statutes (1979)[1] requires there
0 red1 yellow6 green0 procedural
FollowedDrawdy (2012)phrase: "followed by"
CopyCited 12 times | Published | District Court of Appeal of Florida | 1989 WL 41186
at 678. That intent is clearly set forth in section
775.021(4)(b), Florida Statutes (Supp. 1988). Utilizing
1 red0 yellow6 green9 procedural
VacatedDarby (1994)phrase: "vacated in"
Cited as authorityHarris (2020)phrase: "rule_authority"
Cited as authorityGreen (2002)phrase: "rule_authority"
CopyCited 13 times | Published | District Court of Appeal of Florida | 1994 WL 41838
that is to the benefit of the defendant. See §
775.021(1), Fla. Stat. (1991); Scates v. State, 603 So
0 red0 yellow5 green0 procedural
Cited as authorityMcNeil (2015)phrase: "rule_authority"
Cited as authorityStickles (2010)phrase: "rule_authority"
CopyCited 14 times | Published | Florida 5th District Court of Appeal | 2003 WL 22213294
favor under lenity principles embodied in section
775.021(1), Florida Statutes (2002). Section
775.087(2)(a)1
0 red0 yellow4 green0 procedural
Cited as authorityMolina (2006)phrase: "rule_authority"
CopyCited 12 times | Published | Florida 2nd District Court of Appeal | 2003 WL 2002765
the Florida Sexual Predators Act (the Act), section
775.21, Florida Statutes (2000). He argues that the
0 red3 yellow3 green1 procedural
Cited "but see"Therrien (2003)phrase: "but see"
Cited "but see"Espindola (2003)phrase: "but see"
Declined to followGivens (2003)phrase: "declined to follow"
CopyCited 12 times | Published | Florida 2nd District Court of Appeal | 2003 WL 1785916
declared Gunn to be a sexual predator pursuant to section
775.21, Florida Statutes (1999). The standard of review
0 red0 yellow6 green0 procedural
Cited as authorityWebster (2020)phrase: "rule_authority"
Cited as authorityMoseley (2014)phrase: "rule_authority"
Cited as authorityJones (2011)phrase: "rule_authority"
CopyCited 14 times | Published | Florida 2nd District Court of Appeal | 2014 WL 1047074, 2014 Fla. App. LEXIS 3971
apply the Blockburger1 test as codified in section
775.021(4), Florida Statutes (2011), to determine whether
1 red1 yellow28 green0 procedural
VacatedKim (2015)phrase: "vacated in"
Cited "but see"Exantus (2014)phrase: "but see"
Cited as authorityAldacosta (2026)phrase: "rule_authority"
CopyCited 10 times | Published | Florida 4th District Court of Appeal | 2001 WL 1202791
course, result in consecutive sentences, see section
775.021, Florida Statutes, and therefore disparate
0 red0 yellow8 green0 procedural
Cited as authorityCooper (2014)phrase: "rule_authority"
CopyCited 54 times | Published | Florida 2nd District Court of Appeal | 2006 WL 1879002
credit card convictions in violation *1226 of section
775.021(4)(b)(2), Florida Statutes (1993).[1]Ross,
1 red1 yellow14 green0 procedural
CopyCited 5 times | Published | Supreme Court of Florida | 41 Fla. L. Weekly Supp. 73, 2016 Fla. LEXIS 456, 2016 WL 825242
0 red0 yellow55 green0 procedural
Cited as authorityHughes (2026)phrase: "rule_authority"
Cited as authorityDixon (2023)phrase: "rule_authority"
CopyCited 16 times | Published | Supreme Court of Florida | 2007 WL 1285836
Typically, the rule of lenity, as codified in section
775.021, Florida Statutes (2006), only applies in the
1 red0 yellow16 green0 procedural
DisapprovedAdorno (2011)phrase: "disapproving"
Cited as authorityMcGee (2023)phrase: "rule_authority"
CopyCited 10 times | Published | District Court of Appeal of Florida | 1994 WL 539190
start with the proposition that pursuant to section
775.021(4), Florida Statutes (1989), a trial court
0 red0 yellow7 green0 procedural
Cited as authorityScott (2010)phrase: "rule_authority"
Cited as authorityReeves (2007)phrase: "rule_authority"
CopyCited 9 times | Published | District Court of Appeal of Florida | 1999 WL 89933
is subject *791 to differing constructions, section
775.021(1), Florida Statutes (1997), requires that
0 red0 yellow9 green0 procedural
Cited as authorityRoberts (2018)phrase: "rule_authority"
Cited as authorityRoberts (2018)phrase: "rule_authority"
CopyCited 12 times | Published | District Court of Appeal of Florida | 1996 WL 577393
exception to Blockburger, or to the application of section
775.021(4), Florida Statutes, in all circumstances
0 red0 yellow4 green0 procedural
Cited with approvalScott (1998)phrase: "cited with approval"
Cited as authorityGrigsby (1998)phrase: "rule_authority"
ApprovedGrigsby (1998)phrase: "approved by"
CopyCited 11 times | Published | District Court of Appeal of Florida | 1994 WL 47131
are required because of the provisions of section
775.021, Florida Statutes (Supp. 1988). In the first
0 red0 yellow5 green3 procedural
Cited as authorityJenkins (2004)phrase: "rule_authority"
Cited as authorityTrotter (1999)phrase: "rule_authority"
CopyCited 10 times | Published | Florida 4th District Court of Appeal | 2005 WL 715733
could not be convicted of both pursuant to section
775.021(4)(b), Florida Statutes, when the acts occurred
0 red1 yellow5 green0 procedural
DistinguishedDrawdy (2012)phrase: "distinguishing"
Per curiam affirmed(citing case) (2014)phrase: "per curiam affirmed"
Cited as authorityDrawdy (2012)phrase: "rule_authority"
CopyCited 9 times | Published | District Court of Appeal of Florida | 1998 WL 654083
subsumed by the offense of home invasion robbery. In §
775.021(4)(b), Fla. Stat. (1997),[1] the legislature expressed
0 red0 yellow7 green0 procedural
Cited as authorityTuttle (2014)phrase: "rule_authority"
Cited as authorityDavis (2011)phrase: "rule_authority"
CopyCited 9 times | Published | District Court of Appeal of Florida
0 red1 yellow6 green0 procedural
DistinguishedMorales (1984)phrase: "distinguished by"
Cited as authorityMorris (2001)phrase: "rule_authority"
Cited as authorityWallace (1998)phrase: "rule_authority"
CopyCited 9 times | Published | Florida 5th District Court of Appeal | 2001 WL 60814
for in s.
810.09(2)(d). 11. Any stop sign. Section
775.021 indicates the Legislature's intention that
0 red0 yellow7 green0 procedural
Cited as authorityCorrales (2012)phrase: "rule_authority"
FollowedAMW (2006)phrase: "we follow"
FollowedA.M.W. (2006)phrase: "we follow"
CopyCited 9 times | Published | Florida 1st District Court of Appeal | 2006 WL 3796177
contraband is seized as part of the same search. §
775.021(4), Fla. Stat. (2005); Jackson v. State, 418 So
0 red1 yellow6 green0 procedural
Cited as authorityGomez (2017)phrase: "rule_authority"
Cited as authorityHolubek (2015)phrase: "rule_authority"
CopyCited 12 times | Published | District Court of Appeal of Florida
separate sentences for each offense, we look to section
775.021(4), Florida Statutes (1977), which provides:
0 red0 yellow3 green0 procedural
Cited as authorityGibbs (1997)phrase: "rule_authority"
Cited as authorityGibbs (1996)phrase: "rule_authority"
Cited as authorityMcCloud (1991)phrase: "rule_authority"
CopyCited 10 times | Published | Supreme Court of Florida | 1997 WL 476098
rule of statutory construction provided in section
775.021(4)(a), Florida Statutes (1993), which provides
0 red0 yellow5 green0 procedural
Cited as authorityFulton (2014)phrase: "rule_authority"
Cited as authorityTyler (2013)phrase: "rule_authority"
CopyCited 9 times | Published | Florida 5th District Court of Appeal | 2002 WL 31626143
exception of the Blockburger test found in section
775.021(4)(b), Florida Statutes (2001) would allow
0 red0 yellow6 green2 procedural
Cited as authorityCoicou (2010)phrase: "rule_authority"
Cited as authoritySoto (2008)phrase: "rule_authority"
Cited as authoritySoto (2008)phrase: "rule_authority"
CopyCited 9 times | Published | Supreme Court of Florida | 2007 WL 1836899
transaction rule was legislatively replaced when section
775.021(4) of the Florida Statutes was enacted to read:
0 red0 yellow6 green0 procedural
CopyCited 10 times | Published | Supreme Court of Florida | 1993 WL 25109
of which are subsumed by the greater offense." §
775.021(4)(b)3., Fla. Stat. (1991). The statute does not
0 red0 yellow4 green0 procedural
Cited as authorityBurris (2004)phrase: "rule_authority"
Cited as authorityWilson (1999)phrase: "rule_authority"
Cited as authorityAnderson (1995)phrase: "rule_authority"
CopyCited 10 times | Published | Florida 4th District Court of Appeal | 2001 WL 1575734
So.2d 451, (Fla. 4th DCA 2001), we held that section
775.21, Florida's Sexual Predators Act, was unconstitutionally
0 red0 yellow4 green0 procedural
Cited as authorityRobinson (2004)phrase: "rule_authority"
CopyCited 8 times | Published | Florida 2nd District Court of Appeal | 2000 WL 1595953
Coblentz was a sexual predator pursuant to section
775.21(4)(c), Florida Statutes (1997). We assume from
0 red0 yellow7 green1 procedural
Cited as authoritySaintelien (2008)phrase: "rule_authority"
Cited as authorityKing (2005)phrase: "rule_authority"
AdoptedCabrera (2004)phrase: "adopted by"
CopyCited 8 times | Published | Florida 5th District Court of Appeal | 2001 WL 314524
jeopardy protection and the proscriptions of section
775.021(4)(b), Florida Statutes (1997). Since the subsumed
0 red0 yellow7 green0 procedural
CopyCited 8 times | Published | Florida 5th District Court of Appeal | 2004 WL 1227319
is not an essential element of sale, citing section
775.021(4)(a), Florida Statutes. Therefore, the court
0 red0 yellow7 green0 procedural
Cited as authoritySilva (2018)phrase: "rule_authority"
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 2014 WL 228639, 2014 Fla. App. LEXIS 535
construed, it might apply in this instance.8 See §
775.021(1), Fla. Stat. (2013). The Florida Legislature
0 red3 yellow7 green0 procedural
Cited "but see"Bedoya (2015)phrase: "but see"
Cited "but see"Cotto (2014)phrase: "but see"
CopyCited 9 times | Published | Supreme Court of Florida | 2005 WL 2779476
including the lifetime employment restrictions in section
775.21(10)(b), Florida Statutes (2000), could be imposed
0 red0 yellow5 green0 procedural
Cited as authoritySchultz (2013)phrase: "rule_authority"
Cited as authorityGonzalez (2013)phrase: "rule_authority"
CopyCited 9 times | Published | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 17922, 2010 WL 4723042
of a firearm by a violent career criminal. See §
775.021(4)(b)3., Fla. Stat. (2007) (expressing the legislature's
0 red0 yellow5 green0 procedural
Cited as authorityJONES (2024)phrase: "rule_authority"
Cited as authorityDaniels (2011)phrase: "rule_authority"
CopyCited 15 times | Published | Supreme Court of Florida
cross-petitioner's argument, holding that Section
775.021(4), Florida Statutes (Supp. 1976), which permits
0 red0 yellow1 green0 procedural
Cited as authorityGonzalez (1979)phrase: "rule_authority"
CopyCited 8 times | Published | Florida 2nd District Court of Appeal | 2001 WL 1589646
1 red1 yellow4 green0 procedural
Receded fromPelham (2002)phrase: "receded from"
Cited "but see"McKnight (2005)phrase: "but see"
Cited as authorityMcCullough (2017)phrase: "rule_authority"
CopyCited 10 times | Published | Supreme Court of Florida | 1989 WL 148936
of which are subsumed by the greater offense. §
775.021(4), Fla. Stat. (Supp. 1988). [2] The incident
0 red0 yellow3 green0 procedural
Cited as authorityPorterfield (1990)phrase: "rule_authority"
Cited as authorityCrisel (1990)phrase: "rule_authority"
CopyCited 7 times | Published | Florida 1st District Court of Appeal | 2003 WL 21202971
0 red0 yellow8 green0 procedural
CopyCited 7 times | Published | Supreme Court of Florida | 38 Fla. L. Weekly Supp. 581, 2013 WL 3466806, 2013 Fla. LEXIS 1429
violated Florida’s double jeopardy statute, section
775.021(4), Florida Statutes (2009), which provides:
0 red0 yellow8 green0 procedural
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 2002 WL 31769268
sentencing House to consecutive terms of imprisonment. §
775.021(4)(a), Fla. Stat. (2001).
0 red0 yellow8 green0 procedural
Cited as authorityLuzardo (2014)phrase: "rule_authority"
Cited as authorityBaines (2010)phrase: "rule_authority"
CopyCited 9 times | Published | District Court of Appeal of Florida | 1995 WL 119083
section
812.133(2)(a), Florida Statutes (1993). See §
775.021, Fla. Stat. (1993). Compare Sirmons v. State,
0 red0 yellow4 green1 procedural
Cited as authorityCruller (2002)phrase: "rule_authority"
Cited as authorityHarris (2001)phrase: "rule_authority"
CopyCited 9 times | Published | Florida 2nd District Court of Appeal | 2003 WL 21749043
0 red0 yellow4 green0 procedural
Cited as authorityTaylor (2017)phrase: "rule_authority"
Cited as authorityColson (2013)phrase: "rule_authority"
FollowedBass (2004)phrase: "followed by"
CopyCited 9 times | Published | Florida 5th District Court of Appeal | 2003 WL 21511315
qualified as a "sexual predator" pursuant to section
775.21(5)(d), Florida Statutes (2002), which includes
0 red0 yellow4 green1 procedural
Cited as authorityKam (2014)phrase: "rule_authority"
Cited as authorityBurgess (2014)phrase: "rule_authority"
CopyCited 9 times | Published | District Court of Appeal of Florida | 1991 WL 44997
0 red0 yellow4 green0 procedural
CopyCited 9 times | Published | District Court of Appeal of Florida | 12 Fla. L. Weekly 1065
the opinion the passage of the amendment to section
775.021(4), Florida Statutes (1983), which incorporated
0 red0 yellow4 green0 procedural
Cited as authorityWhite (2011)phrase: "rule_authority"
Cited as authoritySherouse (1989)phrase: "rule_authority"
Cited as authorityThomas (1987)phrase: "rule_authority"
CopyCited 31 times | Published | Supreme Court of Florida | 1996 WL 710895
rule of statutory construction codified in section
775.021(4)(a), Florida Statutes (1993), which provides
1 red0 yellow32 green0 procedural
Receded fromSullivan (2018)phrase: "receded from"
Cited as authorityHaas (2024)phrase: "rule_authority"
CopyCited 14 times | Published | Supreme Court of Florida | 12 Fla. L. Weekly 7
which would exclude it from the operation of section
775.021(4). On this point the district court reasoned
10 red0 yellow5 green0 procedural
Receded fromFoster (1992)phrase: "receded from"
Receded fromAdams (1989)phrase: "receded from"
CopyCited 11 times | Published | District Court of Appeal of Florida | 1996 WL 332908
robbery, of which appellant was also convicted. See §
775.021(4)(b)1 Fla. Stat. (1995); Sirmons v. State, 634
0 red0 yellow2 green0 procedural
Cited as authorityColeman (2007)phrase: "rule_authority"
CopyCited 7 times | Published | Supreme Court of Florida | 1998 WL 223437
Applying the test set out by the legislature in section
775.021(4)(a), Florida Statutes (1995), we answered
0 red1 yellow6 green0 procedural
Cited "but see"Altman (2010)phrase: "but see"
CopyCited 7 times | Published | District Court of Appeal of Florida | 1998 WL 390560
provision most favorably to the accused. See §
775.021(1), Fla.Stat. (1995). The conviction on the charge
0 red0 yellow7 green0 procedural
Cited as authorityHarris (2006)phrase: "rule_authority"
Cited as authorityCalliar (1999)phrase: "rule_authority"
Cited as authorityHernandez (1999)phrase: "rule_authority"
CopyCited 7 times | Published | Florida 4th District Court of Appeal | 2007 WL 4338863
susceptible of different interpretations, section
775.021, Florida Statutes, our lenity statute, requires
0 red0 yellow6 green0 procedural
Cited as authorityBarnes (2024)phrase: "rule_authority"
Cited as authorityDelmoral (2020)phrase: "rule_authority"
CopyCited 7 times | Published | Supreme Court of Florida | 42 Fla. L. Weekly Supp. 453, 2017 WL 1366131, 2017 Fla. LEXIS 828
statutes most favorably to the defendant. See §
775.021(1), Fla. Stat. (2016); McNeil, 162 So.3d at 277
0 red0 yellow6 green0 procedural
Cited as authorityWhitley (2023)phrase: "rule_authority"
CopyCited 9 times | Published | District Court of Appeal of Florida | 1990 WL 37488
based on legislative intent as expressed in section
775.021(4)(b). To reach this conclusion, however, it
0 red0 yellow3 green0 procedural
Cited as authorityMcCloud (1991)phrase: "rule_authority"
Cited as authorityCrisel (1990)phrase: "rule_authority"
CopyCited 8 times | Published | District Court of Appeal of Florida
served consecutively. Reference to the text of Section
775.021(4), Florida Statutes, is required in order
1 red0 yellow3 green0 procedural
OverruledWheeler (1989)phrase: "overruled in"
Cited as authorityWatts (1983)phrase: "rule_authority"
Cited as authorityGetz (1983)phrase: "rule_authority"
CopyCited 32 times | Published | Supreme Court of Florida | 35 Fla. L. Weekly Supp. 194, 2010 Fla. LEXIS 515, 2010 WL 1234922
to that legislative decision. See id. (citing §
775.021(4), Florida Statutes (1983)). Justice Shaw found
2 red0 yellow19 green0 procedural
Cited as authorityDelgado (2025)phrase: "rule_authority"
CopyCited 10 times | Published | Florida 4th District Court of Appeal | 2000 WL 873331
appellant to be a sexual predator pursuant to section
775.21(4)(a), Florida Statutes (1999).[1] On August
0 red0 yellow2 green0 procedural
Cited as authorityHarris (2002)phrase: "rule_authority"
Cited as authorityStapleton (2000)phrase: "rule_authority"
CopyCited 31 times | Published | Supreme Court of Florida | 1997 WL 476416
other lacks, pursuant to the plain meaning of section
775.021(4)(a), Florida Statutes (1989),[3] and that
1 red0 yellow21 green0 procedural
CopyCited 7 times | Published | Florida 4th District Court of Appeal | 2008 Fla. App. LEXIS 19373, 2008 WL 5352103
birthday in June 2006 and register as required by section
775.21(8)(a), Florida Statutes, Grosso was charged
0 red0 yellow5 green0 procedural
Cited as authorityAllen (2017)phrase: "rule_authority"
Cited as authorityCherilus (2016)phrase: "rule_authority"
Cited as authorityLedlie (2013)phrase: "rule_authority"
CopyCited 13 times | Published | District Court of Appeal of Florida | 1998 WL 279232
that designated him a sexual predator under section
775.21-.23, Florida Statutes (1993). We affirm. This
2 red2 yellow3 green1 procedural
Receded fromBesong (2006)phrase: "receded from"
Receded fromKing (2005)phrase: "receding from"
Declined to followKing (2005)phrase: "declined to follow"
CopyCited 8 times | Published | District Court of Appeal of Florida | 1994 WL 524298
elements" test was codified in Florida under section
775.021(4), Florida Statutes (1977). See also Borges
0 red0 yellow3 green2 procedural
Cited as authorityBurnell (2009)phrase: "rule_authority"
Cited as authorityHelber (1996)phrase: "rule_authority"
Cited as authorityHickam (1995)phrase: "rule_authority"
CopyCited 8 times | Published | Florida 4th District Court of Appeal | 2005 WL 3116097
defendant to concurrent or consecutive sentences. See §
775.021(4)(a), Fla. Stat. (2003) ("and the sentencing
0 red0 yellow3 green0 procedural
Cited as authorityGonse (2007)phrase: "rule_authority"
CopyCited 8 times | Published | Supreme Court of Florida | 1991 WL 88742
same episode violated double jeopardy and section
775.021(4)(b), Florida Statutes (Supp. 1988). In V
0 red0 yellow3 green0 procedural
Cited as authorityOliver (1991)phrase: "rule_authority"
CopyCited 9 times | Published | District Court of Appeal of Florida | 1991 WL 58523
1985). But in light of certain amendments to section
775.021, Fla. Stat. (Supp. 1988) this court reversed
0 red0 yellow2 green0 procedural
FollowedGoodwin (1992)phrase: "we follow"
Cited as authorityCollins (1992)phrase: "rule_authority"
CopyCited 7 times | Published | Florida 1st District Court of Appeal | 2000 WL 518089
declare respondent a sexual predator under section
775.21, Florida Statutes, which the lower court denied
0 red1 yellow3 green0 procedural
Cited "but see"Reyes (2003)phrase: "but see"
Cited as authorityTherrien (2005)phrase: "rule_authority"
Cited as authorityMilks (2005)phrase: "rule_authority"
CopyCited 6 times | Published | Supreme Court of Florida | 37 Fla. L. Weekly Supp. 551, 2012 WL 4009511, 2012 Fla. LEXIS 1799
decision grounded on the rule of lenity. See §
775.021(1), Fla. Stat. (2007). On the other hand, the
0 red0 yellow6 green0 procedural
Cited as authorityM.G. (2018)phrase: "rule_authority"
Cited as authorityTaylor (2017)phrase: "rule_authority"
CopyCited 11 times | Published | Florida 4th District Court of Appeal | 2003 WL 22082192
Enforcement for the duration of his or her life. §
775.21(6), Fla. Stat. (2001). With respect to procedural
0 red0 yellow1 green0 procedural
Cited as authorityTherrien (2003)phrase: "rule_authority"
CopyCited 11 times | Published | Supreme Court of Florida | 1994 WL 81776
criminal episode. Id. The court held that section
775.021(4)(a), Florida Statutes (1991), prohibited
0 red0 yellow1 green0 procedural
ApprovedBostwick (1996)phrase: "approved by"
CopyCited 6 times | Published | District Court of Appeal of Florida | 1998 WL 251475
conviction and the aggravated battery convictions. Section
775.021(4)(a) and (b), Florida Statutes, provide: (4)(a)
0 red0 yellow5 green0 procedural
Cited as authorityBodie (2013)phrase: "rule_authority"
Cited as authorityReardon (2000)phrase: "rule_authority"
Cited as authorityBlevins (2000)phrase: "rule_authority"
CopyCited 6 times | Published | District Court of Appeal of Florida | 1999 WL 1076801
are bound to do under our rule of lenity, section
775.021(1), Florida Statutes, we conclude that there
0 red0 yellow5 green0 procedural
Cited as authorityFureman (2014)phrase: "rule_authority"
CopyCited 7 times | Published | District Court of Appeal of Florida | 1997 WL 348762
are bound, however, by the rule of lenity in section
775.021(1).[4] Under the rule of lenity, if any of
0 red0 yellow3 green0 procedural
Cited as authorityMays (1998)phrase: "rule_authority"
CopyCited 7 times | Published | District Court of Appeal of Florida | 1998 WL 422555
declaring him to be a sexual predator pursuant to section
775.21, Florida Statutes (Supp.1996). We affirm. Walker
0 red0 yellow3 green0 procedural
Cited as authorityBoyer (2006)phrase: "rule_authority"
Cited as authorityGiorgetti (2004)phrase: "rule_authority"
Cited as authorityBurgos (2000)phrase: "rule_authority"
CopyCited 7 times | Published | District Court of Appeal of Florida | 1989 WL 97697
In 1974, the Florida Legislature created section
775.021, Florida Statutes, which provided the rules
0 red1 yellow2 green0 procedural
Cited as authorityHatten (1990)phrase: "rule_authority"
CopyCited 8 times | Published | Florida 4th District Court of Appeal | 2000 WL 294691
DCA 1998). Because the Sexual Predator Act, section
775.21 of the Florida Statutes, is similar to the
0 red0 yellow2 green0 procedural
Cited as authorityBurgos (2000)phrase: "rule_authority"
FollowedBurgos (2000)phrase: "followed by"
CopyCited 6 times | Published | District Court of Appeal of Florida | 1990 WL 71772
the offenses are combined in one scoresheet. §
775.021(4), Fla. Stat. (1987). However, the total sentence
0 red2 yellow2 green0 procedural
LimitedSullivan (2001)phrase: "limited by"
Cited as authorityMaynard (2000)phrase: "rule_authority"
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 2009 WL 78024
must be construed most favorably to the accused. §
775.021, Fla. Stat. (1987). We do not attempt to define
0 red0 yellow4 green0 procedural
Cited as authorityChapman (2010)phrase: "rule_authority"
Cited as authorityEI (2009)phrase: "rule_authority"
CopyCited 6 times | Published | District Court of Appeal of Florida | 1997 WL 67953
without violating double jeopardy prohibitions. Section
775.021, Florida Statutes (1993), sets out the rules
0 red0 yellow4 green0 procedural
Cited as authorityGlover (2010)phrase: "rule_authority"
Cited as authorityCoughlin (2006)phrase: "rule_authority"
CopyCited 6 times | Published | Supreme Court of Florida | 1999 WL 1080462
provision most favorably to the accused. See §
775.021(1), Fla. Stat. (1995). The conviction on the charge
0 red0 yellow4 green1 procedural
Cited as authorityDunn (2016)phrase: "rule_authority"
Cited as authorityFortson (2015)phrase: "rule_authority"
Cited as authorityDukes (2001)phrase: "rule_authority"
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 2006 WL 1649020
one criminal episode requires application of section
775.021(4), Florida Statutes (2005), to determine whether
0 red0 yellow6 green0 procedural
Cited as authorityAlexander (2010)phrase: "rule_authority"
Cited as authorityValdes (2009)phrase: "rule_authority"
Cited as authorityValdes (2007)phrase: "rule_authority"
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 2007 WL 1688034
0 red0 yellow6 green0 procedural
Cited as authorityAguilar (2018)phrase: "rule_authority"
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 2013 WL 5950995, 2013 Fla. App. LEXIS 17860
preclude convictions under both subsections. See §
775.021(4)(b)3., Fla. Stat. (2011) (intent of Legislature
0 red0 yellow10 green0 procedural
Cited as authorityHughes (2016)phrase: "rule_authority"
CopyCited 9 times | Published | District Court of Appeal of Florida | 1999 WL 743518
of a designation as a sexual predator under section
775.21, Florida Statutes (Supp.1996). We affirm the
0 red0 yellow1 green0 procedural
Cited as authorityPerez (2017)phrase: "rule_authority"
CopyCited 9 times | Published | District Court of Appeal of Florida | 1988 WL 54425
0 red0 yellow1 green0 procedural
Cited as authorityBrown (1995)phrase: "rule_authority"
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 2003 WL 327504
Instr. (Crim.) 372. However, the exception in section
775.021(4)(b)3 for lesser included offenses *589 applies
0 red3 yellow6 green0 procedural
Declined to follow(citing case) (2005)phrase: "declined to follow"
Declined to follow(citing case) (2005)phrase: "declined to follow"
Cited "but see"Davis (2004)phrase: "but see"
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 2002 WL 31039623
the dictates of the Legislature set forth in section
775.021(1), Florida Statutes (2001), which provides:
0 red0 yellow5 green0 procedural
Cited as authorityBC (2004)phrase: "rule_authority"
Cited as authorityDominguez (2004)phrase: "rule_authority"
CopyCited 5 times | Published | District Court of Appeal of Florida | 1996 WL 14050
the court resorted to our lenity statute, section
775.021(1), Florida Statutes (Supp. 1988) and held
0 red0 yellow5 green0 procedural
Cited as authorityWindom (2004)phrase: "rule_authority"
Cited as authoritySweeney (1998)phrase: "rule_authority"
Cited as authorityRegister (1998)phrase: "rule_authority"
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 2007 WL 4547164
have the same meaning ascribed in s.
775.21"); §
775.21(2)(f) & (g), Fla. Stat. (2006) (defining "[p]ermanent
0 red0 yellow5 green0 procedural
CopyCited 7 times | Published | District Court of Appeal of Florida | 1988 WL 91788
law now because the legislature has amended section
775.021(4) to permit multiple convictions for crimes
0 red2 yellow0 green0 procedural
CopyCited 7 times | Published | District Court of Appeal of Florida | 1998 WL 210767
section 775.23(2), Florida Statutes (1995) and/or section
775.21, Florida Statutes (Supp.1996). Pursuant to
0 red0 yellow2 green0 procedural
Cited as authorityStalvey (2000)phrase: "rule_authority"
AdoptedRife (1999)phrase: "adopted by"
CopyCited 7 times | Published | Florida 1st District Court of Appeal | 2001 WL 261598
"sexual predator" or "sexual offender" under section
775.021 or
943.0435, Florida Statutes (1999).[1] Appellant's
0 red0 yellow2 green0 procedural
Cited as authorityPartlow (2003)phrase: "rule_authority"
Cited as authorityPartlow (2002)phrase: "rule_authority"
CopyCited 7 times | Published | District Court of Appeal of Florida | 1998 WL 75001
for double jeopardy, which is codified in section
775.021(4), Florida Statutes (1993).[4] As to the restitution
0 red0 yellow2 green0 procedural
Cited as authorityLukacs (2008)phrase: "rule_authority"
Cited as authorityEichelberger (2007)phrase: "rule_authority"
CopyCited 6 times | Published | District Court of Appeal of Florida | 1992 WL 312849
the two crimes cannot be separate. Accord Section
775.021(4)(b)(3), Florida Statutes (1989), excluding
0 red0 yellow3 green0 procedural
Cited as authorityBoland (2005)phrase: "rule_authority"
Cited as authorityHiggs (2001)phrase: "rule_authority"
Cited as authorityOverway (1998)phrase: "rule_authority"
CopyCited 6 times | Published | District Court of Appeal of Florida | 1992 WL 102438
worthless check charges requires us to apply section
775.021(4), Florida Statutes (1989), which provides:
0 red0 yellow3 green0 procedural
Cited as authorityGrene (1997)phrase: "rule_authority"
Cited as authoritySalgat (1993)phrase: "rule_authority"
CopyCited 6 times | Published | District Court of Appeal of Florida | 1999 WL 641796
0 red0 yellow3 green0 procedural
Cited as authorityPringle (2021)phrase: "rule_authority"
AffirmedMaiya (1999)phrase: "affirmed in"
CopyCited 2 times | Published | Supreme Court of Florida | 27 Fla. L. Weekly Supp. 621, 2002 Fla. LEXIS 1468
classify J.M. as a sexual predator, pursuant to section
775.21, Florida Statutes (2000), also known as “The
0 red0 yellow45 green0 procedural
CopyCited 5 times | Published | District Court of Appeal of Florida | 1998 WL 281293
So.2d 492 (Fla. 5th DCA 1991) (holding that section
775.021(4)(b), Florida Statutes (1989), barred concurrent
0 red0 yellow4 green0 procedural
Cited as authorityMeans (2013)phrase: "rule_authority"
Cited as authorityWhitby (2008)phrase: "rule_authority"
Cited as authorityWhitby (2008)phrase: "rule_authority"
CopyCited 8 times | Published | District Court of Appeal of Florida
evinced a contrary intent by the enactment of section
775.021(4), Florida Statutes (1983). Moreover, if the
0 red0 yellow1 green0 procedural
CopyCited 12 times | Published | District Court of Appeal of Florida
included in the other for the purposes of section
775.021(4), since on each count the State was required
CopyCited 24 times | Published | Supreme Court of Florida | 41 Fla. L. Weekly Supp. 399, 2016 Fla. LEXIS 2075
001(1). Under the rule of lenity codified in section
775.021(1), this definition must “be strictly construed
1 red0 yellow12 green0 procedural
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 2001 WL 1657216
this violated double jeopardy, as well as section
775.021(4)(b). Count two charged Maxwell with aggravated
0 red0 yellow6 green0 procedural
AffirmedGriffis (2015)phrase: "affirmed in"
CopyCited 6 times | Published | District Court of Appeal of Florida | 11 Fla. L. Weekly 2015
abrogated the single transaction rule by enacting section
775.021(4), Florida Statutes (1977), which authorized
0 red0 yellow2 green2 procedural
Cited as authorityMorris (2023)phrase: "rule_authority"
Cited as authorityBoyd (2008)phrase: "rule_authority"
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 2003 WL 21749010
held that the Florida Sexual Predators Act, section
775.21, Florida Statutes (2000), does not violate
0 red0 yellow2 green2 procedural
Cited as authorityKorson (2025)phrase: "rule_authority"
Cited as authorityVega (2016)phrase: "rule_authority"
Review deniedKorson (2025)phrase: "review denied"
CopyCited 6 times | Published | District Court of Appeal of Florida | 1990 WL 199164
should apply the rule of lenity set out in section
775.021, Florida Statutes (1988) and construe the provision
0 red0 yellow2 green0 procedural
Cited as authorityBunch (1993)phrase: "rule_authority"
CopyCited 6 times | Published | District Court of Appeal of Florida | 1990 WL 115530
C.J., and BARFIELD, J., concur. NOTES [1] Section
775.021(4), Florida Statutes (Supp. 1988), overrode
0 red0 yellow2 green2 procedural
Cited as authorityKio (1993)phrase: "rule_authority"
Cited as authorityBooker (1991)phrase: "rule_authority"
Review deniedKio (1993)phrase: "review denied"
CopyCited 5 times | Published | District Court of Appeal of Florida | 1996 WL 501435
card arising out of a single act is improper. §
775.021(4), Fla. Stat. (1993). Legislative intent governs
0 red0 yellow3 green0 procedural
AffirmedHogan (2017)phrase: "affirmed in"
Cited as authorityFryer (1999)phrase: "rule_authority"
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 2007 WL 2480987
the "most lenient version" of the sentence. See §
775.021, Fla. Stat. (2006); see also Glynn v. State, 868
0 red0 yellow3 green0 procedural
Cited as authorityMendenhall (2010)phrase: "rule_authority"
AffirmedLeary (2008)phrase: "affirmed in"
CopyCited 5 times | Published | District Court of Appeal of Florida | 1995 WL 376690
accusatory pleading or the proof adduced at trial." §
775.021(4)(a), Fla. Stat. See Brown v. State, 617 So.2d
0 red0 yellow3 green0 procedural
Cited as authorityDavila (2009)phrase: "rule_authority"
Cited as authorityFinkley (2009)phrase: "rule_authority"
Cited as authorityMaxwell (2001)phrase: "rule_authority"
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 2006 WL 1867476
of the Florida Constitution, or contravenes section
775.021(4)(b), Florida Statutes (2003). It has been
0 red0 yellow3 green0 procedural
Cited as authorityDavis (2011)phrase: "rule_authority"
Cited as authorityColeman (2007)phrase: "rule_authority"
CopyCited 5 times | Published | District Court of Appeal of Florida
has enacted the single transaction statute, Section
775.021(4), Florida Statutes (Supp. 1976), which provides:
0 red0 yellow3 green0 procedural
Cited as authorityHughes (2009)phrase: "rule_authority"
Cited as authorityWright (1982)phrase: "rule_authority"
CopyCited 5 times | Published | District Court of Appeal of Florida | 1995 WL 743567
0 red0 yellow3 green0 procedural
Cited as authorityHenry (1998)phrase: "rule_authority"
Cited as authorityCraft (1996)phrase: "rule_authority"
CopyCited 5 times | Published | District Court of Appeal of Florida | 1997 WL 446924
0 red0 yellow3 green0 procedural
Cited as authorityMorrison (2011)phrase: "rule_authority"
Cited as authorityCosby (2005)phrase: "rule_authority"
Cited as authorityAnderson (2005)phrase: "rule_authority"
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 2008 WL 4377316
The Blockburger test, which is codified in section
775.021, Florida Statutes (2007), "prohibits courts
0 red0 yellow5 green0 procedural
Cited as authorityDrawdy (2012)phrase: "rule_authority"
Cited as authorityMorse (2011)phrase: "rule_authority"
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2003 WL 21537394
0 red0 yellow5 green0 procedural
Cited as authorityWilkes (2013)phrase: "rule_authority"
Cited as authorityBurford (2009)phrase: "rule_authority"
Cited as authorityHeck (2007)phrase: "rule_authority"
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 2001 WL 929879
as those specifically enumerated. Wilson. [7] §
775.021(1), Fla. Stat. See State v. Huggins, ___ So.2d
0 red0 yellow5 green0 procedural
Cited as authorityNettles (2003)phrase: "rule_authority"
FollowedNettles (2003)phrase: "followed by"
Cited as authorityNettles (2002)phrase: "rule_authority"
CopyCited 7 times | Published | District Court of Appeal of Florida | 1990 WL 61943
its progeny been superseded by statute see §
775.021(4), Fla. Stat. (Supp. 1988), and Clark v. State
0 red0 yellow1 green0 procedural
Cited as authorityEcheverria (2007)phrase: "rule_authority"
CopyCited 7 times | Published | District Court of Appeal of Florida | 1992 WL 41471
1107. Based on these facts and pursuant to section
775.021(4)(b)(3), the court concluded that the battery
0 red0 yellow1 green0 procedural
Cited as authorityStuckey (2007)phrase: "rule_authority"
CopyCited 7 times | Published | District Court of Appeal of Florida | 1989 WL 1041
one time into an occupied vehicle. We agree. Section
775.021(4), Florida Statutes (1987) provides: (4) Whoever
0 red0 yellow1 green0 procedural
AffirmedRojas (1989)phrase: "affirmed in"
CopyCited 3 times | Published | District Court of Appeal of Florida | 2015 Fla. App. LEXIS 11352
be construed most favorably to the accused.” §
775.021(1), Fla. Stat. (1981) (providing the rules of
0 red0 yellow9 green2 procedural
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2011 Fla. App. LEXIS 20323, 2011 WL 6372961
codified Blockburger analysis set forth in section
775.021. Paul, 934 So.2d at 1172. Noting that the Blockburger
0 red0 yellow8 green0 procedural
Cited as authorityTermitus (2017)phrase: "rule_authority"
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2004 WL 1932726
must be construed favorably to the accused. See §
775.021, Fla. Stat. (1999); State v. Rife,
789 So.2d 2880 red0 yellow4 green0 procedural
Cited as authorityFernandez (2016)phrase: "rule_authority"
Cited as authorityWalker (2006)phrase: "rule_authority"
Cited as authorityCosby (2005)phrase: "rule_authority"
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2007 WL 1544120
0 red0 yellow4 green0 procedural
Cited as authorityOlivera (2012)phrase: "rule_authority"
Cited as authorityDavis (2011)phrase: "rule_authority"
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 2010 Fla. App. LEXIS 4191, 2010 WL 1222737
order designating him a sexual predator under section
775.21, Florida Statutes (2006). The issue to be determined
0 red0 yellow4 green0 procedural
Cited as authorityMcKenzie (2019)phrase: "rule_authority"
Cited as authorityMcKenzie (2019)phrase: "rule_authority"
CopyCited 4 times | Published | District Court of Appeal of Florida | 1995 WL 46412
0 red0 yellow4 green0 procedural
Cited as authorityIzquierdo (2015)phrase: "rule_authority"
Cited as authorityBarrios (2011)phrase: "rule_authority"
Cited as authorityGrant (2010)phrase: "rule_authority"
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2005 WL 3408037
proscription, the rule of lenity embodied in section
775.021(1), Florida Statutes (2004), should apply such
0 red0 yellow4 green0 procedural
Cited as authorityRusso (2020)phrase: "rule_authority"
Cited as authorityHeine (2017)phrase: "rule_authority"
Cited as authorityBrowning (2007)phrase: "rule_authority"
CopyCited 5 times | Published | District Court of Appeal of Florida | 1991 WL 65936
as did the second district, referring to section
775.021(4), Florida Statutes (Supp. 1988), that: "Nothing
0 red0 yellow2 green1 procedural
Cited as authorityNovaton (1994)phrase: "rule_authority"
Cited as authorityPriest (1992)phrase: "rule_authority"
Cert. deniedHruska (1991)phrase: "cert. denied"
CopyCited 5 times | Published | District Court of Appeal of Florida | 1999 WL 123568
to differing constructions. That being so, section
775.021(1)[3] requires us to construe section
775.082(8)0 red1 yellow1 green0 procedural
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 2000 WL 1816833
"[b]ecause of the rule of lenity codified in section
775.021(1), Florida Statutes (1997), we conclude that
0 red0 yellow2 green1 procedural
AffirmedMerson (2001)phrase: "affirmed in"
AffirmedRoundtree (2001)phrase: "affirmed in"
Review deniedDelsol (2002)phrase: "review denied"
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 2005 WL 957061
0 red0 yellow2 green0 procedural
Cited as authorityCarswell (2009)phrase: "rule_authority"
Cited as authoritySilverstein (2008)phrase: "rule_authority"
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 2003 WL 159480
offense as provided by statute." Id. at 20-21; §
775.021(4)(b), Fla. Stat. (2000). Trafficking in stolen
0 red0 yellow7 green1 procedural
Cited as authorityBowen (2012)phrase: "rule_authority"
CopyCited 10 times | Published | Supreme Court of Florida
2 red1 yellow1 green0 procedural
OverruledWilson (1989)phrase: "overruled by"
OverruledWheeler (1989)phrase: "overruled by"
CopyCited 6 times | Published | District Court of Appeal of Florida
our Florida Supreme Court recently held that section
775.021(4)[7] only applies to necessarily lesser included
0 red0 yellow1 green0 procedural
Cited as authorityGreen (2002)phrase: "rule_authority"
CopyCited 6 times | Published | District Court of Appeal of Florida | 1998 WL 250752
should be interpreted favorably to the accused. §
775.021(1), Fla. Stat. (1995). The problem with appellant's
0 red0 yellow1 green0 procedural
Cited as authorityMedrano (2016)phrase: "rule_authority"
CopyCited 6 times | Published | Florida 3rd District Court of Appeal | 2002 WL 341982
statewide, as well as placement on the Internet. See §
775.21(7), Fla. Stat. (1997).
0 red0 yellow1 green0 procedural
Cited as authorityTherrien (2003)phrase: "rule_authority"
CopyCited 6 times | Published | District Court of Appeal of Florida | 1989 WL 61529
88-131(7), Laws of Florida (1988), amending section
775.021(4), Florida Statutes (1987), is without merit
0 red0 yellow1 green2 procedural
Cited as authorityJennings (1992)phrase: "rule_authority"
Review deniedJennings (1992)phrase: "review denied"
Review deniedRuth (1991)phrase: "review denied"
CopyCited 6 times | Published | District Court of Appeal of Florida
abrogated the single transaction rule. Florida Statute
775.021(4) (1977). The record does not support
0 red0 yellow1 green0 procedural
Cited as authorityBunkley (2004)phrase: "rule_authority"
CopyCited 6 times | Published | District Court of Appeal of Florida | 1999 WL 586967
outlined above is Aiken's sole issue on appeal. Section
775.021(4)(b), Florida Statutes (1995), states that
0 red0 yellow1 green0 procedural
Cited as authorityValdes (2007)phrase: "rule_authority"
CopyCited 6 times | Published | District Court of Appeal of Florida | 1999 WL 641853
to the crime of attempted sexual battery. See §
775.021(1), Fla. Stat. (1997). The fifth district reached
0 red0 yellow1 green0 procedural
Cited as authorityCarson (2010)phrase: "rule_authority"
CopyCited 3 times | Published | Court of Appeals for the Eleventh Circuit | 2017 WL 360510, 2017 U.S. App. LEXIS 1303
shall have the meaning ascribed to such term in Section
775.21, Florida Statutes. (13) “Temporary residence”
0 red2 yellow4 green0 procedural
DistinguishedEvenstad (2018)phrase: "distinguishing"
CopyCited 4 times | Published | District Court of Appeal of Florida | 1998 WL 827758
language with the words "a motor vehicle." Section
775.021(4)(a), Florida Statutes (1995), precludes multiple
0 red0 yellow3 green0 procedural
Cited as authorityCruller (2002)phrase: "rule_authority"
Cited as authorityHarris (2001)phrase: "rule_authority"
Cited as authorityVictor (2000)phrase: "rule_authority"
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 2003 WL 22768356
Appellant as a sexual predator pursuant to section
775.21, Florida Statutes (2000), as amended effective
0 red0 yellow3 green0 procedural
Cited as authorityTherrien (2005)phrase: "rule_authority"
Cited as authorityThaden (2004)phrase: "rule_authority"
Cited as authorityPerkins (2004)phrase: "rule_authority"
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 2007 WL 3355061
The Blockburger test has been codified in section
775.021(4), Florida Statutes (2003), which provides
0 red0 yellow3 green0 procedural
Cited as authorityAlexander (2010)phrase: "rule_authority"
ApprovedLuciano (2009)phrase: "approved in"
Cited as authorityValdes (2009)phrase: "rule_authority"
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 2001 WL 303232
0 red0 yellow3 green0 procedural
CopyCited 4 times | Published | District Court of Appeal of Florida
Legislature in this area and the passage of Section
775.021(4), Florida Statutes (1977), has abrogated
0 red0 yellow3 green0 procedural
Cited as authorityDuffy (1990)phrase: "rule_authority"
Cited as authorityLindsey (1984)phrase: "rule_authority"
Relied uponWicker (1983)phrase: "relied on in"
CopyCited 4 times | Published | Supreme Court of Florida | 1991 WL 117479
same narcotic to be separate crimes under section
775.021(4), Florida Statutes (Supp. 1988), and thus
0 red0 yellow3 green0 procedural
Cited as authorityTyler (2013)phrase: "rule_authority"
CopyCited 4 times | Published | Court of Appeals for the Eleventh Circuit | 2013 WL 221459, 2013 U.S. App. LEXIS 1457
as a sexual predator pursuant to [Fla. Stat. §]
775.21 or a person previously designated as a sexual
0 red0 yellow3 green0 procedural
Cited as authorityHuffman (2025)phrase: "rule_authority"
CopyCited 4 times | Published | District Court of Appeal of Florida | 1998 WL 17424
Blockburger test has been codified in Florida at section
775.021(4), Florida Statutes (1993), which provides
0 red0 yellow3 green0 procedural
Cited as authorityGordon (2001)phrase: "rule_authority"
CopyCited 4 times | Published | District Court of Appeal of Florida
and NIMMONS, JJ., concur. NOTES [1] Nor is Section
775.021(4), Florida Statutes (1981), controlling. It
0 red0 yellow3 green1 procedural
Cited as authorityDN (1988)phrase: "rule_authority"
CopyCited 4 times | Published | District Court of Appeal of Florida | 1999 WL 69660
during single criminal episode or transaction, §
775.021(4), Fla. Stat., required separate sentences for
0 red0 yellow3 green0 procedural
Cited as authorityGlaubius (2025)phrase: "rule_authority"
Cited as authorityThompson (2010)phrase: "rule_authority"
CopyCited 4 times | Published | District Court of Appeal of Florida | 1994 WL 43842
not err in imposing consecutive sentences. See §
775.021(4)(a), Fla. Stat. (1991). The defendant's convictions
0 red0 yellow3 green0 procedural
Cited as authorityWright (2002)phrase: "rule_authority"
Cited as authorityVasquez (2001)phrase: "rule_authority"
AffirmedSlack (1996)phrase: "affirmed in"
CopyCited 9 times | Published | District Court of Appeal of Florida | 1990 WL 21424
were committed after the effective date of section
775.021, Florida Statutes (1988), the statute, as amended
CopyCited 9 times | Published | Supreme Court of Florida | 1991 WL 25375
crimes occurred after the effective date of section
775.021, Florida Statutes (Supp. 1988), is it improper
CopyCited 3 times | Published | District Court of Appeal of Florida
(subsection (d) remains unaltered today); see also §
775.021(4)(a) & (b), Fla. Stat. (2019) (both subsections
0 red0 yellow5 green0 procedural
Cited as authorityHinson (2025)phrase: "rule_authority"
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 11696, 2010 WL 3119943
employ the Blockburger test, as codified in section
775.021(4), Florida Statutes, to determine whether
0 red0 yellow5 green0 procedural
Cited as authorityRamirez (2014)phrase: "rule_authority"
Cited as authoritySanders (2012)phrase: "rule_authority"
CopyCited 2 times | Published | Supreme Court of Florida
leads to a significantly different result. See §
775.021(1), Fla. Stat. (2017) ; see also Crews v. State
0 red0 yellow10 green0 procedural
CopyCited 4 times | Published | District Court of Appeal of Florida | 1989 WL 103994
This test has been codified since 1983 in section
775.021(4), Florida Statutes (emphasis added): Whoever
0 red0 yellow2 green0 procedural
Cited as authorityTyler (2013)phrase: "rule_authority"
CopyCited 4 times | Published | District Court of Appeal of Florida | 1995 WL 516437
County Jail facility following his arrest. Section
775.021(4), Florida Statutes (1993) provides: (a) Whoever
0 red1 yellow1 green0 procedural
Cited as authorityConnelly (1999)phrase: "rule_authority"
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 30 Fla. L. Weekly Fed. D 2401
statute strictly in favor of the accused. See §
775.021, Fla. Stat. (1985). Following Perkins, with no
0 red0 yellow2 green0 procedural
Cited as authorityHearns (2007)phrase: "rule_authority"
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2000 WL 628328
unsophisticated manner. Under the rule of lenity, section
775.021(1), Florida Statutes, we construe "unsophisticated"
0 red0 yellow2 green0 procedural
Cited as authorityStaffney (2002)phrase: "rule_authority"
CopyCited 4 times | Published | District Court of Appeal of Florida | 11 Fla. L. Weekly 1147
Accordingly, the state argues that under section
775.021(4), Florida Statutes (1983), (one who commits
0 red0 yellow2 green0 procedural
Cited as authorityMerritt (1998)phrase: "rule_authority"
Cited as authorityCrumley (1987)phrase: "rule_authority"
CopyCited 4 times | Published | Supreme Court of Florida | 37 Fla. L. Weekly Supp. 244, 2012 Fla. LEXIS 624, 2012 WL 1033484
instructions in light of recent legislative changes to section
775.21, Florida Statutes (2011), The Florida Sexual
0 red0 yellow2 green0 procedural
CopyCited 4 times | Published | District Court of Appeal of Florida | 1992 WL 57168
illegal. The court went on to state: Although section
775.021(4) directs that a trial judge may order separate
0 red0 yellow2 green0 procedural
FollowedKelly (1999)phrase: "followed by"
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2006 WL 708574
declare Butler a sexual predator pursuant to section
775.21, Florida Statutes (2002). In response, Butler
0 red0 yellow2 green0 procedural
CopyCited 4 times | Published | District Court of Appeal of Florida | 1988 WL 66082
the accused. The rule of lenity codified in section
775.021(1), Florida Statutes, is but one statutory
0 red0 yellow2 green0 procedural
Cited as authorityFortner (2002)phrase: "rule_authority"
Cited as authorityPearson (2000)phrase: "rule_authority"
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2007 WL 1790749
0 red0 yellow2 green0 procedural
Cited as authorityWard (2012)phrase: "rule_authority"
AffirmedTumblin (2008)phrase: "affirmed in"
CopyCited 4 times | Published | District Court of Appeal of Florida | 1998 WL 374772
Florida Sexual Predator's Act, codified at section
775.21-23, Florida Statutes (1993) and the changes
0 red0 yellow2 green0 procedural
Cited as authorityGiorgetti (2004)phrase: "rule_authority"
Cited as authorityBurgos (2000)phrase: "rule_authority"
CopyCited 4 times | Published | District Court of Appeal of Florida | 1994 WL 380913
113 S.Ct. at 2856, 125 L.Ed.2d at 568; see also §
775.021(4), Fla. Stat. (1991).[1] We affirm the appellant's
0 red0 yellow2 green0 procedural
Cited as authorityGordon (2001)phrase: "rule_authority"
Cited as authorityFierro (1995)phrase: "rule_authority"
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 2006 WL 3523743
must be construed in favor of the defendant. §
775.021(1), Fla. Stat. (2006). In essence, the trial court
0 red0 yellow2 green0 procedural
Cited as authoritySholl (2009)phrase: "rule_authority"
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2001 WL 1635539
predators must register in accordance with section
775.21, Florida Statutes (2000). §
943.0435(5). Sections
0 red0 yellow2 green0 procedural
Cited as authorityGreen (2009)phrase: "rule_authority"
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2000 WL 201832
designating him to be a sexual predator pursuant to section
775.21(4)(c), Florida Statutes (1997). We affirm.
0 red0 yellow4 green4 procedural
Cited as authorityJM (2002)phrase: "rule_authority"
Cited as authorityJ.M. (2002)phrase: "rule_authority"
Cited as authorityJM (2001)phrase: "rule_authority"
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2014 WL 481180, 2014 Fla. App. LEXIS 1671
violation, this Court has stated that based upon section
775.021(4), lesser offenses “are those in which the
0 red0 yellow4 green0 procedural
Cited as authorityFernandez (2016)phrase: "rule_authority"
Cited as authoritySchoonover (2015)phrase: "rule_authority"
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2007 WL 4480757
contends this court is obligated, pursuant to section
775.021, Florida Statutes, to strictly construe section
0 red0 yellow4 green0 procedural
Cited as authorityHeadley (2013)phrase: "rule_authority"
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 2003 WL 22336133
determined that the Florida Sexual Predators Act, section
775.21, Florida Statutes, is constitutional. See Reyes
0 red0 yellow1 green0 procedural
Cited as authorityTherrien (2003)phrase: "rule_authority"
CopyCited 2 times | Published | Supreme Court of Florida | 36 Fla. L. Weekly Supp. 579, 2011 Fla. LEXIS 2353, 2011 WL 4596689
acts, we are bound by a rule — codified in section
775.021(1), Florida Statutes (2000) — requiring that
0 red1 yellow8 green0 procedural
CopyCited 9 times | Published | District Court of Appeal of Florida
included offenses from the requirement of section
775.021(4), Florida Statutes (1979), that a separate
1 red0 yellow2 green0 procedural
Receded fromGiddings (1983)phrase: "receded from"
Cited as authorityRodriquez (1983)phrase: "rule_authority"
CopyCited 6 times | Published | Florida 5th District Court of Appeal | 2000 WL 553926
the benefit of the defendant, not the state. §
775.021(1), Fla. Stat. (1999) ("When ... language is susceptible
5 red0 yellow3 green0 procedural
Receded fromSeagrave (2001)phrase: "receded from"
Receded fromLouis (2000)phrase: "receded from"
Receded fromSeagrave (2000)phrase: "receded from"
CopyCited 3 times | Published | District Court of Appeal of Florida | 1996 WL 577164
separately sentencing the defendant for each offense. §
775.021(4), Fla. Stat. (1993); State v. Smith, 547 So
0 red0 yellow3 green0 procedural
Cited as authorityMelgares (1998)phrase: "rule_authority"
Cited as authorityGrene (1997)phrase: "rule_authority"
Cited as authorityIngram (1997)phrase: "rule_authority"
CopyCited 3 times | Published | District Court of Appeal of Florida | 1997 WL 633748
conviction for capital sexual battery[3]. Section
775.021(4), Florida Statutes (1995), codifies the Blockburger
0 red0 yellow3 green0 procedural
Cited as authorityDerrick (2008)phrase: "rule_authority"
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 2006 WL 3327609
be construed most favorably to the accused." §
775.021, Fla. Stat. (2005). "To discern legislative intent
0 red0 yellow3 green0 procedural
Cited as authorityDaniels (2014)phrase: "rule_authority"
Cited as authorityLemus (2010)phrase: "rule_authority"
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 2000 WL 638844
followed by 10 years of probation, on Count II. See §
775.021, Fla. Stat. Previously, a general sentence was
0 red0 yellow3 green0 procedural
Cited as authorityJimenez (2015)phrase: "rule_authority"
Cited as authorityLindsay (2003)phrase: "rule_authority"
Cited as authorityGibson (2002)phrase: "rule_authority"
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 2519, 2010 WL 711855
(holding that the Florida Sexual Predators Act, §
775.21 (Supp.1998), "which requires certain defendants
0 red0 yellow3 green0 procedural
Cited as authorityFernandez (2014)phrase: "rule_authority"
CopyCited 3 times | Published | District Court of Appeal of Florida | 1989 WL 8337
proof of an element that the other does not. §
775.021(4), Fla. Stat. Aggravated assault with a firearm
0 red0 yellow3 green0 procedural
Cited as authoritySchoonover (2015)phrase: "rule_authority"
AffirmedE.H. (1989)phrase: "affirmed in"
Cited as authorityE.H. (1989)phrase: "rule_authority"
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 1434, 2010 WL 481028
been designated a sexual predator pursuant to section
775.21, Florida Statutes (2002), although he did not
0 red0 yellow3 green0 procedural
CopyCited 3 times | Published | District Court of Appeal of Florida | 1989 WL 89670
0 red0 yellow3 green0 procedural
Cited as authorityBurnette (2004)phrase: "rule_authority"
Per curiam affirmedBurkey (2000)phrase: "per curiam affirmed"
Cited as authorityDuarte (1996)phrase: "rule_authority"
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 5532, 2010 WL 1641488
designated appellant a "sexual predator" under section
775.21, Florida Statutes (2008), without a contemporaneous
0 red0 yellow3 green0 procedural
Cited as authorityEscobar (2016)phrase: "rule_authority"
Cited as authorityStowe (2011)phrase: "rule_authority"
CopyCited 7 times | Published | District Court of Appeal of Florida | 1997 WL 655969
designating him a sexual predator pursuant to section
775.21, Florida Statutes (Supp.1996). We dismiss this
CopyCited 7 times | Published | District Court of Appeal of Florida
was abrogated effective October 1, 1976, by section
775.021(4), Fla. Stat. (1981). However, illegal sentences
CopyCited 4 times | Published | District Court of Appeal of Florida
lesser included of aggravated assault). Since section
775.021(4), Florida Statutes (1981), precludes the
0 red1 yellow0 green0 procedural
Cited "but see"Enriquez (1984)phrase: "but see"
CopyCited 4 times | Published | District Court of Appeal of Florida | 1999 WL 776086
reject the greater charge. And, because of section
775.021(4)(b)3, Florida Statutes, a conviction of the
0 red0 yellow1 green0 procedural
CopyCited 4 times | Published | District Court of Appeal of Florida | 1995 WL 653546
considered separate for double jeopardy purposes. See §
775.021(4)(a), Fla. Stat. (1993); State v. Smith, 547
0 red0 yellow1 green0 procedural
Cited as authorityGaber (1996)phrase: "rule_authority"
CopyCited 4 times | Published | District Court of Appeal of Florida | 1999 WL 992683
predator designation for Mr. Colley pursuant to section
775.21(4)(a)(2)(b), Florida Statutes (Supp. 1996)
0 red0 yellow1 green0 procedural
Cited as authorityTherrien (2003)phrase: "rule_authority"
CopyCited 4 times | Published | District Court of Appeal of Florida | 1991 WL 224546
0 red0 yellow1 green0 procedural
Cited as authorityBurke (1995)phrase: "rule_authority"
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 2004 WL 587651
The court also analyzed the provisions of section
775.021(4), Florida Statutes (1981), and likewise found
0 red1 yellow0 green0 procedural
Cited "but see"Murray (2004)phrase: "but see"
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 2010 Fla. App. LEXIS 9748, 2010 WL 2628658
must be construed most favorably to the accused. §
775.021, Fla. Stat. (2009). Lowe contends that his conduct
0 red0 yellow1 green0 procedural
Cited as authorityBONGE (2011)phrase: "rule_authority"
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2003 WL 23094766
is susceptible of differing constructions, section
775.021(1) requires that we adopt the construction
0 red0 yellow1 green0 procedural
Cited as authorityHidalgo (2008)phrase: "rule_authority"
CopyCited 4 times | Published | District Court of Appeal of Florida | 1998 WL 906741
double-jeopardy protections as codified under section
775.021(4)(b), Florida Statutes (1997). Specifically
0 red0 yellow1 green0 procedural
Cited as authorityAckerman (1999)phrase: "rule_authority"
CopyCited 4 times | Published | District Court of Appeal of Florida | 1999 WL 1267224
are degrees of the same offense pursuant to section
775.021(4)(b)2, Florida Statutes (1989). See also Crittenden
0 red0 yellow1 green1 procedural
Cited as authorityHayes (2001)phrase: "rule_authority"
Review deniedA.R.C. (2001)phrase: "review denied"
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 2008 WL 977193
in section
775.021, Florida Statutes. Of particular relevance to our analysis is section
775.021(4)(a)0 red0 yellow1 green0 procedural
Cited as authorityMeshell (2009)phrase: "rule_authority"
CopyCited 14 times | Published | Florida 2nd District Court of Appeal | 2005 WL 2372723
prior conviction, which he does not have. See §
775.21(4). At the plea hearing, the trial court discussed
5 red0 yellow5 green0 procedural
Receded fromDennis (2009)phrase: "receded from"
Receded fromBoyer (2006)phrase: "receded from"
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2003 WL 22715824
construction of criminal statutes, providing in section
775.021(1), Florida Statutes (1999), that "[t]he provisions
0 red0 yellow5 green0 procedural
Cited as authorityHampton (2014)phrase: "rule_authority"
Cited as authorityMaxwell (2013)phrase: "rule_authority"
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 2002 WL 2029418
legislature's enactment of the 1988 amendment to section
775.021(4) of the Florida Statutes repudiated the rationale
0 red0 yellow2 green0 procedural
Cited as authoritySchoonover (2015)phrase: "rule_authority"
Cited as authorityElozar (2004)phrase: "rule_authority"
CopyCited 3 times | Published | Supreme Court of Florida | 1990 WL 130218
having arisen before the effective date of section
775.021(4), Florida Statutes (Supp. 1988), which superseded
0 red0 yellow2 green0 procedural
Cited as authorityPaul (2013)phrase: "rule_authority"
Cited as authorityPaul (2013)phrase: "rule_authority"
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2005 WL 2373727
0 red1 yellow1 green0 procedural
Cited "but see"Capron (2007)phrase: "but see"
Cited as authorityLeyva (2006)phrase: "rule_authority"
CopyCited 3 times | Published | District Court of Appeal of Florida | 1998 WL 633806
the offenses are degrees of the same crime. See §
775.021(4)(b)(2), Fla. Stat. (1995). Moreover, the intended
0 red0 yellow2 green0 procedural
Cited as authorityMcKnight (2005)phrase: "rule_authority"
CopyCited 3 times | Published | District Court of Appeal of Florida | 1999 WL 790652
is susceptible of differing constructions, section
775.021(1) requires that we adopt the construction
0 red0 yellow2 green0 procedural
Cited as authorityCassista (2011)phrase: "rule_authority"
CopyCited 3 times | Published | District Court of Appeal of Florida | 1988 WL 101518
Reporter July 4, 1988 at 573) amending a part of section
775.021(4), Florida Statutes (purportedly to eliminate
0 red2 yellow0 green0 procedural
CopyCited 3 times | Published | District Court of Appeal of Florida | 1995 WL 321880
*1251 insurance claim. Accordingly, neither section
775.021(4), Florida Statutes, nor Thompson are applicable
0 red0 yellow2 green0 procedural
Cited as authorityHays (2003)phrase: "rule_authority"
Cited as authorityLaRoche (1998)phrase: "rule_authority"
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2000 WL 650519
requires that he be given the benefit of that doubt. §
775.021(1), Fla. Stat. (1995); see State v. Griffith,
0 red0 yellow2 green0 procedural
Cited as authorityBush (2004)phrase: "rule_authority"
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2002 WL 1723878
applied the Blockburger[2] test codified in section
775.021(4), Florida Statutes (1999), to determine whether
0 red0 yellow2 green0 procedural
Cited as authorityYEYE (2010)phrase: "rule_authority"
Cited as authorityEverett (2002)phrase: "rule_authority"
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2017 WL 729773, 2017 Fla. App. LEXIS 2537
that courts strictly construe criminal statutes. § 775,021(1), Fla. Stat. At trial, the court insfructed
0 red0 yellow2 green0 procedural
CopyCited 3 times | Published | District Court of Appeal of Florida | 1989 WL 10932
advanced by the state that (1) the 1988 amendment to §
775.021, Florida Statutes, overruled Carawan v. State
0 red0 yellow2 green0 procedural
Cited as authorityDavis (2004)phrase: "rule_authority"
Cited as authorityFoster (2003)phrase: "rule_authority"
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2003 WL 22887779
principle was not abrogated by the enactment of section
775.021(4), Florida Statutes. Gordon further observes
0 red0 yellow2 green0 procedural
Cited as authorityWilkes (2013)phrase: "rule_authority"
Cited as authorityMcCoy (2006)phrase: "rule_authority"
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 2003 WL 22023316
ambiguity does exist, we are not convinced that section
775.021, Florida Statutes, which codifies the rule
0 red0 yellow2 green0 procedural
Cited as authorityBodden (2004)phrase: "rule_authority"
Cited as authorityMontello (2004)phrase: "rule_authority"
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2008 WL 1883877
are *1256 required to apply the rule of lenity. §
775.021(1), Fla. Stat. (2006) ("The provisions of this
0 red0 yellow2 green0 procedural
CopyCited 6 times | Published | District Court of Appeal of Florida
further modified by Section
775.021, Florida Statutes (1977). We hold that Section
775.021 applies to the
CopyCited 6 times | Published | Florida 5th District Court of Appeal | 2006 WL 941766
be strictly construed in favor of an accused. §
775.021, Fla. Stat. (2003). Here, there was no evidence
CopyCited 2 times | Published | Supreme Court of Florida | 21 Fla. L. Weekly Supp. 433, 1996 Fla. LEXIS 1716
Blockburger test has been codified in Florida at section
775.021(4), Florida Statutes (1995).6 *82In the instant
1 red0 yellow49 green0 procedural
Receded fromBenjamin (2011)phrase: "receded from"
Cited as authorityJoseph (2025)phrase: "rule_authority"
Cited as authorityGould (2024)phrase: "rule_authority"
CopyCited 13 times | Published | District Court of Appeal of Florida | 1995 WL 680446
of the same crime of burglary. Pursuant to section
775.021(4)(b), the Florida Legislature has expressly
4 red0 yellow7 green0 procedural
Receded fromDunbar (2004)phrase: "receded from"
Receded fromGreen (2002)phrase: "receded from"
CopyCited 1 times | Published | Supreme Court of Florida | 42 Fla. L. Weekly Supp. 322, 2017 Fla. LEXIS 583
the suggestion that the rule of lenity in section
775.021(1), Florida Statutes, requires that we adopt
0 red0 yellow15 green0 procedural
Cited as authorityEstes (2026)phrase: "rule_authority"
CopyCited 12 times | Published | Florida 1st District Court of Appeal | 2013 WL 5567495
2 red1 yellow10 green0 procedural
VacatedMizner (2014)phrase: "vacated in"
Cited "but see"Davis (2014)phrase: "but see"
CopyCited 12 times | Published | District Court of Appeal of Florida | 1992 WL 63110
argues that the amendment of Florida Statute Section
775.021(4) modified the applicable law. That amendment
5 red0 yellow8 green0 procedural
Receded fromSwain (2017)phrase: "receded from"
Receded fromWiggins (2007)phrase: "receded from"
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2011 Fla. App. LEXIS 17874, 2011 WL 5416331
Blockburger `same-elements' test pursuant to section
775.021(4) . . . is the sole method of determining
0 red0 yellow4 green0 procedural
Cited as authorityMarsh (2018)phrase: "rule_authority"
CopyCited 12 times | Published | District Court of Appeal of Florida | 1995 WL 353512
accordingly, there is no double jeopardy bar under Section
775.021(4)(a), Florida Statutes (1993), as interpreted
8 red0 yellow4 green3 procedural
CopyCited 1 times | Published | Florida 2nd District Court of Appeal
violate the Blockburger test as codified in section
775.021(4), Florida Statutes (2015). I write to discuss
0 red0 yellow11 green0 procedural
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2005 WL 545130
We held that the legislature, by enacting section
775.021(4), "intended to authorize multiple convictions
0 red0 yellow3 green0 procedural
Cited as authorityKelso (2007)phrase: "rule_authority"
Cited as authorityAMW (2006)phrase: "rule_authority"
Cited as authorityA.M.W. (2006)phrase: "rule_authority"
CopyCited 2 times | Published | District Court of Appeal of Florida | 1993 WL 62237
of imprisonment to run consecutively. Under Section
775.021(4)(a), Florida Statutes (1989), a defendant
0 red0 yellow3 green0 procedural
Cited as authorityMajor (2007)phrase: "rule_authority"
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2011 Fla. App. LEXIS 4362, 2011 WL 1135284
employ the Blockburger2 test, as codified in Section
775.021, Florida Statutes (2007). Under this test,
0 red0 yellow3 green0 procedural
Cited as authorityBrunette (2023)phrase: "rule_authority"
Cited as authorityBartholomew (2012)phrase: "rule_authority"
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2013 WL 1234222, 2013 Fla. App. LEXIS 5139
construe the statute most favorable to Appellant. §
775.021(1), Fla. Stat. Accordingly, we reverse Appellant’s
0 red0 yellow3 green0 procedural
Cited as authorityLand (2016)phrase: "rule_authority"
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2003 WL 1524431
subsumed within Counts II-IV, we strike it. See §
775.021(4)(b)3., Fla. Stat. (1995). Affirmed as modified
0 red0 yellow3 green0 procedural
Cited as authorityMapp (2008)phrase: "rule_authority"
Cited as authorityCueto (2008)phrase: "rule_authority"
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2001 WL 627433
any ambiguity to the benefit of the defendant. §
775.021, Fla. Stat. (2000). Accordingly, we vacate the
0 red0 yellow3 green0 procedural
Cited as authorityCampbell (2007)phrase: "rule_authority"
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 8445, 2011 WL 2279021
individual is designated a sexual predator," and section
775.21(5) requires that the designation be made at
0 red0 yellow3 green0 procedural
Cited as authorityDcf (2026)phrase: "rule_authority"
Cited as authorityM.S. (2016)phrase: "rule_authority"
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2012 WL 1956422, 2012 Fla. App. LEXIS 8800
of which are subsumed by the greater offense.” §
775.021(4)(b)3., Fla. Stat. (2010). Accordingly, we reverse
0 red0 yellow3 green0 procedural
Cited as authoritySchoonover (2015)phrase: "rule_authority"
Cited as authorityLafferty (2013)phrase: "rule_authority"
CopyCited 2 times | Published | Florida 5th District Court of Appeal
category, but as to those offenders who are, section
775.21(4)(b)2, Florida Statutes (Supp.1996), provides
0 red0 yellow3 green0 procedural
Cited as authorityGivens (2003)phrase: "rule_authority"
Cited as authorityByars (2001)phrase: "rule_authority"
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2003 WL 21818397
from double jeopardy was violated. Our review of §
775.021(4)(a), Fla. Stat. (2001), and the case law associated
0 red0 yellow3 green0 procedural
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 13824, 2011 WL 3849615
constitutional prohibition against double jeopardy and section
775.021(4), Florida Statutes (2009), a defendant may
0 red0 yellow3 green0 procedural
Cited as authorityOlivera (2012)phrase: "rule_authority"
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 5283, 2010 WL 1559096
So.2d 1226, 1229 (Fla. 5th DCA 2006); see also §
775.021(1), Fla. Stat. Applying these principles to the
0 red0 yellow3 green0 procedural
Cited as authorityChavers (2013)phrase: "rule_authority"
CopyCited 5 times | Published | District Court of Appeal of Florida | 1996 WL 590968
requires that he be given the benefit of that doubt. §
775.021(1), Fla. Stat. (1995); see State v. Griffith,
CopyCited 5 times | Published | District Court of Appeal of Florida | 1998 WL 135119
are degrees of the same offense pursuant to section
775.021(4)(b)2, Florida Statutes (1989). See also Crittenden
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 2004 WL 19487
2003) (holding Florida Sexual Predator's Act, section
775.21, Florida Statutes (2000), to be unconstitutional
CopyCited 5 times | Published | District Court of Appeal of Florida | 1988 WL 138547
Blockburger[1] double jeopardy test, codified in section
775.021(4), Florida Statutes (1987), for determining
CopyCited 5 times | Published | District Court of Appeal of Florida | 1991 WL 44970
effective date of the statutory amendment to section
775.021(4), Fla. Stat. (Supp. 1988), and therefore
CopyCited 7 times | Published | District Court of Appeal of Florida | 1993 WL 310660
1 red0 yellow1 green0 procedural
OverruledSpeights (1998)phrase: "overruled in"
Cited as authorityWhite (1996)phrase: "rule_authority"
CopyCited 1 times | Published | Supreme Court of Florida | 41 Fla. L. Weekly Supp. 327, 2016 Fla. LEXIS 1421, 2016 WL 4082429
statute, the language must be strictly construed. §
775.021(1), Fla. Stat. (2010) (“The provisions of this
0 red0 yellow10 green0 procedural
Cited as authorityPringle (2021)phrase: "rule_authority"
CopyCited 3 times | Published | District Court of Appeal of Florida | 1991 WL 216015
certain enumerated exceptions. §
775.021(4), Fla. Stat. (1989). Section
775.021(4), Florida Statutes (1989)
0 red0 yellow1 green0 procedural
Cited as authorityAnderson (1995)phrase: "rule_authority"
CopyCited 3 times | Published | District Court of Appeal of Florida | 1997 Fla. App. LEXIS 12292, 1997 WL 683294
found him to be a sexual predator pursuant to section
775.21, Florida Statutes (Supp.1996). The state moves
0 red0 yellow1 green0 procedural
Cited as authorityCabrera (2004)phrase: "rule_authority"
CopyCited 3 times | Published | District Court of Appeal of Florida | 1990 WL 68708
The Carawan analysis has been superseded by section
775.021(4), Florida Statute (Supp. 1988) for offenses
0 red0 yellow1 green0 procedural
Cited as authorityGiordano (2009)phrase: "rule_authority"
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 2003 WL 21105340
order finding Nicholas to be a sexual predator. Section
775.21(4)(a)1, Florida Statutes (2001), provides that
0 red0 yellow1 green0 procedural
Cited as authorityEalum (2006)phrase: "rule_authority"
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 2009 Fla. App. LEXIS 1931, 2009 WL 529431
was designated a sexual predator, pursuant to Section
775.21, Florida Statutes. Therefore, defendant has
0 red0 yellow1 green0 procedural
Cited as authorityGomez (2017)phrase: "rule_authority"
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2000 WL 309814
0 red0 yellow1 green0 procedural
Cited as authorityGordon (2001)phrase: "rule_authority"
CopyCited 3 times | Published | District Court of Appeal of Florida | 1996 Fla. App. LEXIS 6222, 1996 WL 316538
be construed most favorably to the accused." §
775.021(1), Fla. Stat. (1993). See Flowers v. State, 586
0 red0 yellow1 green0 procedural
Cited as authorityGordon (1999)phrase: "rule_authority"
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2005 WL 1812800
declared Jackson a "sexual predator," pursuant to section
775.21, Florida Statutes (2000). Subsequently, the
0 red0 yellow1 green0 procedural
Cited as authorityTran (2007)phrase: "rule_authority"
CopyCited 3 times | Published | District Court of Appeal of Florida | 1992 WL 200942
convictions arose out of the same criminal episode. Section
775.021(4), Fla. Stat. (Supp. 1988). See Marshall v
0 red0 yellow1 green0 procedural
Cited as authorityWhite (1993)phrase: "rule_authority"
CopyCited 3 times | Published | District Court of Appeal of Florida | 1989 WL 36260
double jeopardy. The post-Carawan amendment to section
775.021, Florida Statutes (1987), does not require
0 red0 yellow1 green0 procedural
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2016 WL 3265542, 2016 Fla. App. LEXIS 9208
survive a same elements test as defined by section
775.021, Florida Statutes (2008), commonly referred
0 red0 yellow9 green0 procedural
Cited as authorityDominguez (2026)phrase: "rule_authority"
Cited as authorityHatcher (2025)phrase: "rule_authority"
CopyCited 2 times | Published | District Court of Appeal of Florida | 1999 WL 820993
0 red0 yellow2 green0 procedural
Cited as authorityMcNeil (2015)phrase: "rule_authority"
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2004 WL 1074014
hand, section
775.15 must be strictly construed. §
775.021(1), Fla. Stat. (1983).... Accordingly, we do not
0 red0 yellow2 green0 procedural
Cited as authorityPerez (2011)phrase: "rule_authority"
Cited as authorityTownsend (2004)phrase: "rule_authority"
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2002 WL 1466603
disagree. The rule of lenity, codified in section
775.021(1), Florida Statutes (2001), provides that
0 red0 yellow2 green0 procedural
CopyCited 2 times | Published | District Court of Appeal of Florida | 1991 WL 117
criminal episode). The state's reliance on section
775.021(4)(a), Florida Statutes (Supp. 1988), which
0 red0 yellow2 green0 procedural
Cited as authorityKelly (2007)phrase: "rule_authority"
Cited as authorityBedoya (1994)phrase: "rule_authority"
CopyCited 4 times | Published | District Court of Appeal of Florida | 1997 WL 90827
address the history of that statement of intent. Section
775.021 contains a general statement of legislative
2 red0 yellow4 green0 procedural
No longer good lawWallace (1998)phrase: "no longer good law"
No longer good lawHill (1998)phrase: "no longer good law"
Cited as authorityRusso (2001)phrase: "rule_authority"
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2011 Fla. App. LEXIS 3908, 2011 WL 1004582
remanded. MAY and DAMOORGIAN, JJ., concur. . Section
775.021(1), Florida Statutes, codifying the rule of
0 red0 yellow7 green0 procedural
Cited as authorityR.R. (2014)phrase: "rule_authority"
CopyCited 1 times | Published | Supreme Court of Florida | 40 Fla. L. Weekly Supp. 631, 2015 Fla. LEXIS 2537, 2015 WL 7008527
court also held that pursuant to Pizzo and section
775.021(4)(b)3., Florida Statutes (2010), which governs
0 red0 yellow6 green0 procedural
Cited as authorityWiggins (2024)phrase: "rule_authority"
CopyCited 4 times | Published | District Court of Appeal of Florida | 1989 WL 114249
88-131, section 7, Laws of Florida amending section
775.021(4), Florida Statutes (1987) clarifying its
CopyCited 4 times | Published | District Court of Appeal of Florida | 1989 WL 122628
lenity which the supreme court read into *1144 section
775.021, Florida Statutes (1987).[3] Although Willingham
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2001 WL 575210
constructions be construed most favorably to the accused. §
775.021(1). Lenity is founded on the due process requirement
CopyCited 4 times | Published | District Court of Appeal of Florida
CopyCited 4 times | Published | District Court of Appeal of Florida | 1989 WL 20687
on July 31, 1986, whereas the amendment to section
775.021(4) became effective July 1, 1988.
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 2005 WL 1584020
virtue of his designation as a sexual predator. §
775.21, Fla. Stat. (2004). He argues that the statute
0 red0 yellow0 green1 procedural
Review deniedCabrera (2006)phrase: "review denied"
CopyCited 4 times | Published | District Court of Appeal of Florida
"lesser included" in the other for purposes of Section
775.021(4), Florida Statutes (1979), forbidding additional
0 red0 yellow0 green1 procedural
Review deniedBoschen (1994)phrase: "review denied"
CopyCited 4 times | Published | District Court of Appeal of Florida
of cannabis and for the sale of cannabis. Section
775.021 provides in part: (1) The provisions of this
0 red0 yellow0 green3 procedural
Review deniedWheeler (1989)phrase: "review denied"
Review deniedGordon (1988)phrase: "review denied"
Review deniedFeagans (1986)phrase: "review denied"
CopyCited 10 times | Published | District Court of Appeal of Florida | 1996 WL 332345
4 red0 yellow4 green0 procedural
Receded fromSwain (2017)phrase: "receded from"
Receded fromPetion (2007)phrase: "receded from"
Receded fromSims (2001)phrase: "receded from"
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2013 WL 1235888, 2013 Fla. App. LEXIS 5078
criminal act[.]” Hayes, 803 So.2d at 699. Section
775.021, Florida Statutes (2010), generally expresses
0 red0 yellow5 green0 procedural
Cited as authorityMarsh (2017)phrase: "rule_authority"
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2013 WL 275533, 2013 Fla. App. LEXIS 1036
must be resolved in favor of the defendant. See §
775.021(1), Fla. Stat. (2008) (“The provisions of this
0 red0 yellow4 green0 procedural
Cited as authorityHughes (2016)phrase: "rule_authority"
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2005 WL 2140152
process analysis to the Sexual Predator Act, section
775.21). Affirmed.
0 red0 yellow1 green0 procedural
Cited as authoritySubido (2006)phrase: "rule_authority"
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2005 WL 2513016
a sexual predator by the trial court under section
775.21, Florida Statutes (2002). We reverse the trial
0 red0 yellow1 green0 procedural
Cited as authorityLester (2009)phrase: "rule_authority"
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2002 WL 31267527
employ the Blockburger[3] test, codified in section
775.021, Florida Statutes (2000), to determine whether
0 red0 yellow1 green0 procedural
Cited as authorityDoty (2004)phrase: "rule_authority"
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2001 WL 1359204
is unconstitutional and, therefore, reverse. Section
775.21, Florida Statutes (Supp.1998), also known as
0 red0 yellow1 green0 procedural
Cited as authorityRobinson (2004)phrase: "rule_authority"
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2007 WL 4145274
0 red0 yellow1 green0 procedural
Cited as authorityStowe (2011)phrase: "rule_authority"
CopyCited 2 times | Published | District Court of Appeal of Florida | 1988 WL 50142
arising out of a criminal transaction under section
775.021(4), Florida Statutes (1985).[1] We affirm.
0 red0 yellow1 green0 procedural
Cited as authoritySanders (2001)phrase: "rule_authority"
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2000 WL 627657
Florida Sexual Predator Act, as codified at section
775.21(4), Florida Statutes (1997), does not apply
0 red0 yellow1 green0 procedural
Cited as authorityDennis (2009)phrase: "rule_authority"
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2007 WL 461391
(1932)). The Blockburger test is set forth at section
775.021(4)(a), Florida Statutes (2002), which provides
0 red0 yellow1 green0 procedural
CopyCited 2 times | Published | District Court of Appeal of Florida | 1995 WL 608509
Under those circumstances our lenity statute, section
775.021(1), Florida Statues (1993), would require the
0 red0 yellow1 green0 procedural
Cited as authorityDugan (1996)phrase: "rule_authority"
CopyCited 2 times | Published | District Court of Appeal of Florida | 1998 WL 909803
775.22, Florida Statutes (1993). Pursuant to section
775.21(4)(a), Florida Statutes (Supp.1996), Florida
0 red0 yellow1 green0 procedural
Cited as authorityCabrera (2004)phrase: "rule_authority"
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2004 WL 1836111
accordance with the Florida Sexual Predators Act, section
775.21, Florida Statutes (2003). He contends that
0 red0 yellow1 green0 procedural
Cited as authorityCobb (2015)phrase: "rule_authority"
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2000 WL 1154006
sentenced separately for each criminal offense...." §
775.021(4)(a), Fla. Stat. (1997). "The intent of the Legislature
0 red0 yellow1 green0 procedural
Cited as authorityCruller (2002)phrase: "rule_authority"
CopyCited 2 times | Published | District Court of Appeal of Florida | 1999 WL 212801
to the accused," citing our lenity statute, section
775.021(1), Florida Statutes, Perkins v. State, 576
0 red0 yellow1 green0 procedural
Cited as authorityHayes (1999)phrase: "rule_authority"
CopyCited 2 times | Published | District Court of Appeal of Florida | 1990 WL 52762
one of the three enumerated categories of section
775.021(4)(b). In Gordon, we discussed the elements
0 red0 yellow1 green0 procedural
Cited as authorityDavis (1991)phrase: "rule_authority"
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2013 WL 1136416, 2013 Fla. App. LEXIS 4418
to adopt pursuant to the “Rule of Lenity.” See §
775.021(1), Fla. Stat. (2008) (criminal statutes “shall
0 red0 yellow3 green0 procedural
Cited as authorityMejia (2014)phrase: "rule_authority"
CopyCited 1 times | Published | District Court of Appeal of Florida | 22 Fla. L. Weekly Fed. D 670
Blockburger test has been codified in Florida at section
775.021(4), Florida Statutes (1995)."). The State correctly
0 red1 yellow2 green0 procedural
Cited "but see"Dunn (2002)phrase: "but see"
Cited as authoritySearcy (2025)phrase: "rule_authority"
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2011 Fla. App. LEXIS 10551, 2011 WL 2622377
construed most favorably to the accused. See §
775.021(1), Fla. Stat. (2008). By requiring the defendant
0 red0 yellow3 green0 procedural
Cited as authorityOwens (2012)phrase: "rule_authority"
Cited as authorityChubbuck (2012)phrase: "rule_authority"
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2005 WL 1761995
construction test, which has been codified in Section
775.021(4), Florida Statutes (2002).[2]M.P. v. State
0 red0 yellow3 green0 procedural
Cited as authorityShelley (2014)phrase: "rule_authority"
Cited as authorityLust (2013)phrase: "rule_authority"
Cited as authoritySenelus (2008)phrase: "rule_authority"
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2012 WL 2864380, 2012 Fla. App. LEXIS 11396
element that the other does not,” codified at section
775.021(4)(a), Florida Statutes (2008).4 If each of
0 red0 yellow3 green0 procedural
Cited as authorityRamirez (2014)phrase: "rule_authority"
Cited as authorityDrawdy (2012)phrase: "rule_authority"
CopyCited 1 times | Published | District Court of Appeal of Florida | 1995 Fla. App. LEXIS 578, 1995 WL 33517
MINER and WOLF, JJ., concur. . Moreover, section
775.021(4), Florida Statutes (1977), enacted in 1976
0 red0 yellow3 green0 procedural
Cited as authorityHood (2003)phrase: "rule_authority"
CopyCited 1 times | Published | District Court of Appeal of Florida | 1998 WL 874918
court resorted to Florida's lenity statute, section
775.021(1), Florida Statutes (Supp.1988), and held
0 red2 yellow1 green0 procedural
Declined to followBarnum (2006)phrase: "declined to follow"
Declined to followBarnum (2003)phrase: "decline to follow"
Cited as authorityBarnum (2003)phrase: "rule_authority"
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2010 WL 3783340
considered whether The Florida Sexual Predator Act, section
775.21, Florida Statutes (2000), permitted classification
CopyCited 3 times | Published | District Court of Appeal of Florida | 1998 WL 718054
Declare Defendant a Sexual Predator," pursuant to section
775.21, Florida Statutes (1997). In April 1998, while
CopyCited 3 times | Published | District Court of Appeal of Florida
him separately on two of the convictions. Section
775.021(4), Florida Statutes (1981) permits separate
CopyCited 3 times | Published | District Court of Appeal of Florida
pounds of resin of cannabis with intent to sell. §
775.021(4), Fla. Stat. (1979); Ennis v. State, 364 So
CopyCited 3 times | Published | District Court of Appeal of Florida
There is, however, a state statutory bar under Section
775.021(4), Florida Statutes (1977), against sentencing
CopyCited 3 times | Published | District Court of Appeal of Florida | 1988 WL 63445
next apply the Blockburger test[5] found in section
775.021(4), Florida Statutes (1985),[6] to determine
CopyCited 3 times | Published | District Court of Appeal of Florida | 1989 WL 99698
multiple convictions in this case violate section
775.021(4), Florida Statutes (1987) and Carawan v.
CopyCited 3 times | Published | District Court of Appeal of Florida | 1991 WL 63418
DAUKSCH and GRIFFIN, JJ., concur. NOTES [1] Section
775.021, Florida Statutes (1988) and not Carawan v
CopyCited 4 times | Published | District Court of Appeal of Florida | 1989 WL 5679
apparently in response to Carawan, amended section
775.021 by adding subsection (4)(b), which states that
2 red0 yellow0 green2 procedural
OverruledVance (1989)phrase: "overruled by"
OverruledVance (1989)phrase: "been overruled"
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2012 Fla. App. LEXIS 20449, 2012 WL 5933010
application of the Blockburger1 test, codified in section
775.021, Florida Statutes (2010), to determine if separate
0 red0 yellow2 green0 procedural
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2006 WL 3327646
permitted under these two counts pursuant to section
775.021(4)(a), i.e., the "same elements" test, each
0 red0 yellow2 green0 procedural
Cited as authorityBatista (2012)phrase: "rule_authority"
Cited as authorityCapron (2007)phrase: "rule_authority"
CopyCited 1 times | Published | District Court of Appeal of Florida
0 red0 yellow2 green0 procedural
CopyCited 1 times | Published | District Court of Appeal of Florida
So. 3d 1183, 1183 (Fla. 4th DCA 2012) (quoting §
775.021(4)(b)(1), Fla. Stat. (2016)). “For double jeopardy
0 red0 yellow2 green0 procedural
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2012 WL 3022047, 2012 Fla. App. LEXIS 12093
employ the Blockburger [1] test, as codified in section
775.021, Florida Statutes (1997), to determine whether
0 red0 yellow2 green1 procedural
Cited as authorityFernandez (2016)phrase: "rule_authority"
CopyCited 1 times | Published | Supreme Court of Florida
accusatory pleading or the proof adduced at trial ." §
775.021(4)(a) Fla. Stat. (2009) (emphasis [added] ). These
0 red0 yellow2 green0 procedural
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2002 WL 1401926
should apply the rule of lenity set out in section
775.021, Florida Statutes (1988) and construe the provision
0 red0 yellow2 green0 procedural
Cited as authorityMontoure (2004)phrase: "rule_authority"
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2013 WL 40975, 2013 Fla. App. LEXIS 189
convictions and punishments for the two offenses. §
775.021(4), Fla. Stat. (1979). The trial court therefore
0 red0 yellow2 green0 procedural
Cited as authorityDelgado (2015)phrase: "rule_authority"
CopyCited 1 times | Published | District Court of Appeal of Florida | 1997 WL 66222
permissive lesser included offense of trafficking. See §
775.021(4)(b)(3). As to defendant's third point on appeal
0 red0 yellow2 green0 procedural
Cited as authorityAltman (2010)phrase: "rule_authority"
CopyCited 1 times | Published | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 973, 1991 WL 15571
charge. Although Carawan has been superseded by Section
775.021(4), Florida Statutes (1989), the offenses in
0 red0 yellow2 green0 procedural
Cited as authorityPeo (2025)phrase: "rule_authority"
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 18351, 2010 WL 4907468
lenity to construe it in Stelmack’s favor. See §
775.021(1), Fla. Stat. (2007); Clement, 895 So.2d at 448
0 red0 yellow2 green0 procedural
Cited as authorityKenvin (2011)phrase: "rule_authority"
Cited as authorityParker (2011)phrase: "rule_authority"
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2000 Fla. App. LEXIS 16930, 2000 WL 1878947
jeopardy rights were violated.3 We agree that section
775.021(4)(b), Florida Statutes, bars these dual convictions
0 red0 yellow2 green0 procedural
Cited as authorityTosado (2015)phrase: "rule_authority"
Cited as authorityDuff (2006)phrase: "rule_authority"
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2004 WL 1779021
court found that the Sexual Predators Act, section
775.21, Florida Statues, did not apply to Bouchillon
0 red0 yellow2 green0 procedural
AffirmedLester (2009)phrase: "affirmed in"
Cited as authorityLester (2009)phrase: "rule_authority"
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2000 WL 368906
theft and aggravated battery convictions. Section
775.021, Florida Statutes, provides, in pertinent part:
0 red0 yellow2 green0 procedural
Cited as authorityNardi (2001)phrase: "rule_authority"
CopyPublished | Supreme Court of Florida | 12 Fla. L. Weekly 259, 1987 Fla. LEXIS 1921
been reviewed and revised to conform it to section
775.021(4), Florida Statutes (1976), as amended thereafter
0 red0 yellow16 green0 procedural
CopyCited 3 times | Published | Supreme Court of Florida
for these two offenses were authorized by section
775.021(4), Florida Statutes (1977).[*] We further
1 red0 yellow2 green0 procedural
Cited as authorityDunn (2016)phrase: "rule_authority"
Cited as authorityThomas (1987)phrase: "rule_authority"
CopyPublished | Court of Appeals for the Eleventh Circuit
0 red0 yellow12 green0 procedural
Cited as authorityAnderson (2026)phrase: "rule_authority"
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2002 WL 31322534
impression, we are guided in our analysis by section
775.021(4), Florida Statutes (2002), which states:
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2000 WL 1672027
offense occurred within the window period. See §
775.021(1), Fla. Stat. (1997); Griffith v. State, 654
CopyCited 2 times | Published | Supreme Court of Florida | 1991 WL 77652
crimes occurred after the effective date of section
775.021, Florida Statutes (Supp. 1988), is it improper
CopyCited 2 times | Published | District Court of Appeal of Florida | 1998 WL 106979
Walk declared a sexual predator pursuant to section
775.21(4), Florida Statutes. The trial court granted
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2007 WL 1610169
at 945. The Blockburger test is codified in section
775.021(4)(a), Florida Statutes.[2] The statute contains
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2008 WL 2386435
of the same offense as provided by statute." §
775.021(4)(b)(2), Fla. Stat. (2007) (emphasis supplied)
CopyCited 2 times | Published | Supreme Court of Florida | 1991 WL 101178
crimes occurred after the effective date of section
775.021, Florida Statutes (Supp. 1988), is it improper
CopyCited 2 times | Published | Supreme Court of Florida | 1991 WL 101179
crimes occurred after the effective date of section
775.021, Florida Statutes (Supp. 1988), is it improper
CopyCited 2 times | Published | District Court of Appeal of Florida | 1992 WL 126649
lesser-included offense of sale under amended section
775.021(4)(b), Florida Statutes (Supp. 1988), in that
CopyCited 2 times | Published | District Court of Appeal of Florida | 1994 WL 236170
determinations. The Blockburger test, as codified in section
775.021(4), Florida Statutes (1991), provides that
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2009 WL 32416
for more than 21 days...." (emphasis added)); §
775.021(1), Fla. Stat. (2008) (holding that penal statutes
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2007 WL 188415
discretion to impose consecutive sentences under section
775.021. The State also claims that because Gonse's
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2006 WL 406958
Legislature has codified the Blockburger test in section
775.021(4), Florida Statutes (2003). We have de novo
CopyCited 2 times | Published | District Court of Appeal of Florida | 1991 WL 16301
single act or closely connected group of acts. §
775.021(4), Fla. Stat. (1977) [footnote omitted]. The
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2007 WL 2428414
So.2d 17, 20 (Fla. 2001) (citations omitted); §
775.021(4)(a), Fla. Stat. (2003).[2] For this analysis
CopyCited 2 times | Published | District Court of Appeal of Florida | 1998 WL 518503
classifying him as a sexual predator pursuant to section
775.21-23, Florida Statutes (1993), the Sexual Predators
CopyCited 2 times | Published | District Court of Appeal of Florida | 1997 WL 162740
victim by cashing a forged check.... *1382 Section
775.021(4)(b) bars dual convictions under these statutes
0 red0 yellow0 green1 procedural
Review deniedWarren (1997)phrase: "review denied"
CopyCited 3 times | Published | District Court of Appeal of Florida | 1989 WL 64522
offenses occurred prior to the amendment of section
775.021(4), Florida Statutes, in 1988. On remand, the
1 red0 yellow1 green0 procedural
VacatedColeman (1990)phrase: "vacated in"
AffirmedColeman (1990)phrase: "affirmed in"
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2004 WL 2387080
that forbids it; rule of lenity codified at section
775.021(1), Florida Statutes (1991), requires judges
0 red0 yellow1 green0 procedural
Cited as authorityBeaucoudray (2009)phrase: "rule_authority"
CopyCited 1 times | Published | District Court of Appeal of Florida | 1997 WL 677988
must be construed favorably to the accused. See §
775.021(1), Fla.Stat. (1995). Additionally, any ambiguity
0 red0 yellow1 green0 procedural
Cited as authorityHernandez (1998)phrase: "rule_authority"
CopyCited 1 times | Published | District Court of Appeal of Florida | 14 Fla. L. Weekly 2717, 1989 Fla. App. LEXIS 6671, 1989 WL 141721
prior to the July 1, 1988, effective date of section
775.021(4), Florida Statutes (Supp.1988). That section
0 red0 yellow1 green0 procedural
Cited as authorityOwens (2025)phrase: "rule_authority"
CopyCited 1 times | Published | District Court of Appeal of Florida
of development, who is carried in the womb.” §
775.021(5)(e), Fla. Stat. (2014). By contrast, the
0 red0 yellow1 green0 procedural
Cited as authorityJean-Denis (2023)phrase: "rule_authority"
CopyCited 1 times | Published | District Court of Appeal of Florida | 1990 WL 66198
subsumed into a charge of sale based upon section
775.021(4)(b)(3), Florida Statutes (Supp. 1988). I
0 red0 yellow1 green0 procedural
Cited as authorityCrisel (1991)phrase: "rule_authority"
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2001 WL 219093
is construed most favorably to the defendant. §
775.021(1), Fla. Stat. (2000). Construing section 319
0 red0 yellow1 green0 procedural
Cited as authorityBarber (2008)phrase: "rule_authority"
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2011 Fla. App. LEXIS 9617, 2011 WL 2462662
jeopardy violation is apparent from the record. Section
775.021(4), Florida Statutes (2006) provides: (b) The
0 red0 yellow1 green0 procedural
Cited as authorityHaas (2024)phrase: "rule_authority"
CopyCited 1 times | Published | District Court of Appeal of Florida | 24 Fla. L. Weekly Fed. D 1619
must be resolved in favor of the defendant. See §
775.021, Fla. Stat. (1997); Cabal, 678 So.2d at 318; Schloesser
0 red0 yellow1 green0 procedural
Cited as authoritySumpter (2003)phrase: "rule_authority"
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2008 WL 2744337
Defendant a Sexual Predator Offender pursuant to section
775.21, Florida Statutes (2007). Because we find that
0 red0 yellow1 green0 procedural
Cited as authorityLoor (2018)phrase: "rule_authority"
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 124, 2010 WL 90047
trial court to reinstate that conviction. Section
775.021, Florida Statutes (2007), sets out the rules
0 red0 yellow1 green0 procedural
CopyCited 1 times | Published | Florida 4th District Court of Appeal
(1932)). The Blockburger test is set forth at section
775.021(4)(a), Florida Statutes (2002), which provides
0 red0 yellow1 green0 procedural
CopyCited 1 times | Published | District Court of Appeal of Florida | 1999 WL 1191480
additional punishment and successive prosecution. Section
775.021(4), Florida Statutes (1988) codifies the Blockburger
0 red0 yellow1 green0 procedural
Cited as authorityMcManama (2002)phrase: "rule_authority"
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2006 WL 3589002
designating appellant a sexual predator, pursuant to section
775.21(4), Florida Statutes (2004). However, the state's
0 red0 yellow1 green0 procedural
Cited as authorityLester (2009)phrase: "rule_authority"
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2004 WL 730839
203 (Fla. 1st DCA March 11, 2004), and under section
775.21, Florida's sexual predator law. See Frazier
0 red0 yellow1 green0 procedural
Cited as authoritySubido (2006)phrase: "rule_authority"
CopyCited 1 times | Published | District Court of Appeal of Florida
offense committed on or after October 1, 1993. See §
775.21(4)(a), Fla. Stat. (2015). Here, the felony information
0 red0 yellow1 green0 procedural
Cited as authorityRoberts (2024)phrase: "rule_authority"
CopyPublished | District Court of Appeal of Florida | 1990 Fla. App. LEXIS 1430
were committed after the effective date of section
775.021, Florida Statutes (1988), the statute, as amended
0 red0 yellow9 green0 procedural
ApprovedCrisel (1991)phrase: "approved in"
ApprovedJames (1991)phrase: "approved in"
ApprovedRobinson (1991)phrase: "approved in"
CopyPublished | Supreme Court of Florida | 2015 WL 5853925
separate offense for death of an unborn child, section
775.021(5), 1 newly enacted during the 2014
0 red0 yellow6 green0 procedural
CopyPublished | Supreme Court of Florida | 39 Fla. L. Weekly Supp. 583, 2014 Fla. LEXIS 2857, 39 Fla. L. Weekly Fed. S 583
course of one criminal transaction or episode.” §
775.021(4)(a), Fla. Stat. (2009). In enacting this rule
0 red0 yellow5 green0 procedural
AffirmedSykes (2016)phrase: "affirmed in"
CopyPublished | Florida 1st District Court of Appeal
be construed most, favorably to the accused.” §
775.021(1), Fla. Stat. (2014); see Thompson v. State,
0 red1 yellow4 green0 procedural
Cited "but see"Lewars (2017)phrase: "but see"
CopyCited 4 times | Published | District Court of Appeal of Florida | 1995 WL 552377
statute in a manner most favorable to the accused. §
775.021(1), Fla. Stat. (1993); Perkins v. State, 576 So
2 red0 yellow6 green0 procedural
DisapprovedTyler (2017)phrase: "disapproved in"
Cited as authorityKing (2015)phrase: "rule_authority"
CopyPublished | Florida 1st District Court of Appeal | 2001 Fla. App. LEXIS 5967
order declaring him a sexual predator under section
775.21, Florida Statutes (2000). J.M. contends that
0 red0 yellow4 green0 procedural
Cited as authorityJM (2002)phrase: "rule_authority"
Cited as authorityJ.M. (2002)phrase: "rule_authority"
Cited as authorityT.R.B. (2001)phrase: "rule_authority"
CopyPublished | District Court of Appeal of Florida
instructions * The rule of lenity, codified in section
775.021, Florida Statutes, requires that penal statutes
0 red3 yellow1 green0 procedural
Cited "but see"N.G.S. (2019)phrase: "but see"
Cited "but see"N.G.S. (2019)phrase: "but see"
CopyCited 3 times | Published | District Court of Appeal of Florida | 1996 WL 252248
greater offense and a lesser included offense. See §
775.021(4)(b), Fla.Stat. (1993). If defendant is entitled
9 red1 yellow6 green0 procedural
Receded fromPaul (2006)phrase: "receded from"
CopyCited 2 times | Published | Supreme Court of Florida | 30 Fla. L. Weekly Supp. 105, 2005 Fla. LEXIS 265
So.2d at 18, 25. Applying the exception in section
775.021(4)(b)(2), Florida Statutes (2004), to the statement
10 red0 yellow30 green0 procedural
CopyPublished | Florida 2nd District Court of Appeal
0 red0 yellow3 green0 procedural
Cited as authorityRenford (2022)phrase: "rule_authority"
CopyPublished | District Court of Appeal of Florida | 14 Fla. L. Weekly 1718, 1989 Fla. App. LEXIS 4028, 1989 WL 78335
consecutive sentences. The state points to section
775.021(4)(a-b), Florida Statutes (Supp.1988), as evidence
0 red0 yellow3 green0 procedural
Cited as authorityCharles (2016)phrase: "rule_authority"
Cited as authorityBoyd (1990)phrase: "rule_authority"
CopyPublished | Supreme Court of Florida | 39 Fla. L. Weekly Supp. 39, 2014 WL 241918, 2014 Fla. LEXIS 200
argument concerning the statutory rule of lenity. Section
775.021(1), Florida Statutes (2013), provides that
0 red0 yellow3 green0 procedural
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2001 WL 1130982
and Canion involved only one illegal act. Section
775.021(4), Florida Statutes, permits conviction and
CopyCited 1 times | Published | District Court, N.D. Florida
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2008 WL 4753753
also declared a sexual predator pursuant to section
775.21, Florida Statutes (2002). This Court per curiam
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2007 WL 3375001
sexual predator designation was mandatory under section
775.21(4)(c), Florida Statutes (1998), and (2) no
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2005 WL 1026733
contrary, consecutive sentencing is permissible. See §
775.021(4), Fla. Stat. (1979). The sentences are legal
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2017 WL 2324673
offense” or separate offenses is codified in section
775.021(4), Florida Statutes, which provides in part:
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2002 WL 1021559
conduct has triggered those revocations. *1193 Section
775.021(4)(b), Florida Statutes (2000), states that
CopyCited 1 times | Published | District Court of Appeal of Florida | 1996 WL 106377
we were to apply the Blockburger test, see section
775.021(4), to a person who had been charged with a
CopyCited 1 times | Published | Florida 5th District Court of Appeal
designating him as a sexual predator under section
775.21, Florida Statutes (2018). The order was entered
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2001 WL 434904
order declaring him a sexual predator under section
775.21, Florida Statutes (2000). J.M. contends that
CopyCited 1 times | Published | Supreme Court of Florida | 2007 WL 1836835
Florida Statutes (1981); another statute, section
775.021(4), Florida Statutes (1981), provided that
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2004 WL 1485952
contending that the Florida Sexual Predators Act, section
775.21, Florida Statutes (2003), is unconstitutional
CopyCited 1 times | Published | District Court of Appeal of Florida | 1989 WL 78301
88-131 § 7, Laws of Fla, the amendment to section
775.021(4), Florida Statutes (1987) which became effective
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2007 WL 10029
court to be a sexual predator as defined in section
775.21, Florida Statutes. See W.W., 811 So.2d at 792
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2011 Fla. App. LEXIS 2294, 2011 WL 665327
each destructive device. After considering section
775.021, Florida Statutes (2007), our decision in Stearns
0 red0 yellow0 green1 procedural
Cert. deniedWesley (2012)phrase: "cert. denied"
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 25 Fla. L. Weekly Fed. D 415
(Fla.1985) (Shaw, J., concurring specially). Section
775.021(4)(a), Florida Statutes (1999), expresses the
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2006 WL 305453
count one. The postconviction court relied on section
775.021(4)(a), Florida Statutes, to conclude that it
CopyCited 1 times | Published | District Court of Appeal of Florida | 1995 WL 509264
statute to which the court is referring is section
775.021(4), which provides in pertinent part: (b)
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2004 WL 1837348
residence" have the same meaning ascribed in section
775.21. Accordingly, permanent residence means a place
CopyCited 1 times | Published | District Court of Appeal of Florida
CopyCited 2 times | Published | District Court of Appeal of Florida | 1993 WL 152379
convictions arose out of the same criminal episode. §
775.021(4), Fla. Stat. (Supp. 1988). See Marshall v. State
1 red0 yellow0 green0 procedural
Receded fromBetancourt (2000)phrase: "receded from"
CopyPublished | Court of Appeals for the Eleventh Circuit
Finally, there is the rule of lenity. Through section
775.021(1), Florida Statutes, the Legislature has
0 red0 yellow2 green0 procedural
CopyPublished | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 14532
considered whether The Florida Sexual Predator Act, section
775.21, Florida Statutes (2000), permitted classification
0 red0 yellow2 green0 procedural
Cited as authoritySenger (2016)phrase: "rule_authority"
CopyPublished | District Court of Appeal of Florida | 1995 Fla. App. LEXIS 9244
0 red0 yellow2 green0 procedural
Cited as authorityMP (1996)phrase: "rule_authority"
Cited as authorityM.P. (1996)phrase: "rule_authority"
CopyPublished | District Court of Appeal of Florida | 14 Fla. L. Weekly 2465, 1989 Fla. App. LEXIS 5861
0 red0 yellow2 green0 procedural
Cited as authorityDorsett (2006)phrase: "rule_authority"
Cited as authorityErickson (1990)phrase: "rule_authority"
CopyPublished | District Court of Appeal of Florida
intent in this case, both parties rely on section
775.021(4)(a), Florida Statutes (2016), which authorizes
0 red0 yellow2 green0 procedural
CopyPublished | District Court of Appeal of Florida | 12 Fla. L. Weekly 1615, 1987 Fla. App. LEXIS 9143
0 red0 yellow2 green0 procedural
Cited as authoritySullivan (2018)phrase: "rule_authority"
Cited as authorityBrown (2000)phrase: "rule_authority"
CopyPublished | Florida 2nd District Court of Appeal
12, 2014), a third-degree felony governed by section
775.21, Florida Statutes (2013). The information titled
0 red0 yellow2 green0 procedural
CopyPublished | Supreme Court of Florida
changes are based on legislative amendments to section
775.21(2), Florida Statutes (2018). See
0 red0 yellow2 green0 procedural
CopyPublished | District Court of Appeal of Florida | 14 Fla. L. Weekly 2043, 1989 Fla. App. LEXIS 4855
multiple convictions in this case violate section
775.021(4), Florida Statutes (1987) and Carawan v.
0 red0 yellow2 green0 procedural
Cited as authoritySimmons (1991)phrase: "rule_authority"
Cited as authorityHarris (1989)phrase: "rule_authority"
CopyPublished | District Court of Appeal of Florida
0 red0 yellow2 green0 procedural
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2000 WL 486253
use of a credit card, is in contravention of section
775.021(4)(b)(2), Florida Statutes (1993), we must
1 red0 yellow2 green0 procedural
Cited as authorityCoughlin (2006)phrase: "rule_authority"
FollowedRiley (2003)phrase: "followed by"
CopyPublished | Florida 1st District Court of Appeal | 2003 WL 22056287
court order dismissing a grand theft charge. See §
775.021(4), Fla. Stat. (2002). Because illegally obtaining
0 red0 yellow1 green0 procedural
CopyPublished | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 17247
State argues that the sentence is governed by Section
775.021(4), Florida Statutes (1979), which provides:
0 red0 yellow1 green0 procedural
Cited as authorityFerguson (1982)phrase: "rule_authority"
CopyPublished | Florida 5th District Court of Appeal | 2016 Fla. App. LEXIS 16042
that both pairs of convictions ran afoul of section
775.021(4)(b)2., Florida Statutes (2009), which forbids
0 red0 yellow1 green0 procedural
CopyPublished | Florida 5th District Court of Appeal | 2016 Fla. App. LEXIS 15693
Blockburger same-elements test codified in section
775.021(4), Florida Statutes.” , Id. at 919 (citation
0 red0 yellow1 green0 procedural
Cited as authorityGriffith (2017)phrase: "rule_authority"
CopyPublished | District Court of Appeal of Florida
transient address, contrary to Florida Statute
775.21. (3 DEG FEL) (LEVEL 7) Notwithstanding
0 red0 yellow1 green0 procedural
Cited as authoritySawyers (2026)phrase: "rule_authority"
CopyPublished | Florida 1st District Court of Appeal
authorized by clear legislative intent. See §
775.021(4), Fla. Stat. (2009); Blockburger v. United
0 red0 yellow1 green0 procedural
CopyPublished | District Court of Appeal of Florida | 1993 Fla. App. LEXIS 5739, 1993 WL 174882
which must be applied to all penal statutes. See §
775.021, Fla.Stat. (1991). Atrial court can sentence more
0 red0 yellow1 green0 procedural
Cited as authorityJones (1994)phrase: "rule_authority"
CopyPublished | Florida 5th District Court of Appeal
designating him as a sexual predator under section
775.21, Florida Statutes (2018). The order was entered
0 red0 yellow1 green0 procedural
CopyPublished | District Court of Appeal of Florida | 1998 Fla. App. LEXIS 2946
are degrees of the same offense pursuant to section
775.021(4)(b)2, Florida Statutes (1989). See also Crittenden
0 red0 yellow1 green0 procedural
Cited as authorityHayes (2001)phrase: "rule_authority"
CopyPublished | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 2680, 2011 WL 715009
necessarily lesser-included offense of Count I. See §
775.021(4)(b)3., Fla. Stat. (2009); Fla. Std. Jury Instr
0 red0 yellow1 green0 procedural
Cited as authorityGil (2013)phrase: "rule_authority"
CopyPublished | District Court of Appeal of Florida
court make findings at the time of sentencing. See §
775.21(5)(a)1., Fla. Stat. (2014) (stating that “the
0 red0 yellow1 green0 procedural
CopyPublished | Supreme Court of Florida | 16 Fla. L. Weekly Supp. 425, 1991 Fla. LEXIS 903, 1991 WL 94294
offenses for purposes of double jeopardy and section
775.021(4), Florida Statutes (1979), depended solely
0 red0 yellow1 green0 procedural
Cited as authorityChery (2004)phrase: "rule_authority"
CopyPublished | District Court of Appeal of Florida | 14 Fla. L. Weekly 1575, 1989 Fla. App. LEXIS 3668, 1989 WL 72731
the effective date for the 1988 amendment to section
775.021(4), Florida Statutes, that amendment need not
0 red1 yellow0 green0 procedural
Cited "but see"Harris (1989)phrase: "but see"
CopyPublished | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 20333
before October 1, 1976, the effective date of Section
775.021(4), Florida Statutes, which authorizes multiple
0 red0 yellow1 green0 procedural
Cited as authoritySantacroce (1992)phrase: "rule_authority"
CopyPublished | Florida 3rd District Court of Appeal | 2000 Fla. App. LEXIS 8257
Penal statutes are to be strictly construed. See §
775.021, Fla. Stat. (1998); McLaughlin v. State, 721 So
0 red0 yellow1 green0 procedural
Cited as authorityMAM (2009)phrase: "rule_authority"
CopyPublished | District Court of Appeal of Florida | 1997 Fla. App. LEXIS 32, 1997 WL 1704
service of the show cause order in March, 1996? Section
775.021, Florida Statutes (1995) indicates that it
0 red0 yellow1 green0 procedural
Cited as authorityBurk (1998)phrase: "rule_authority"
CopyPublished | Florida 4th District Court of Appeal | 2003 WL 18451
attorney and the trial court to comply with section
775.021(1)(language susceptible of differing constructions
0 red0 yellow1 green0 procedural
Cited as authorityMoore (2012)phrase: "rule_authority"
CopyPublished | District Court of Appeal of Florida | 1991 WL 2810
case were committed after the amendments to section
775.021(4), Florida Statutes (1989), became effective
0 red1 yellow0 green0 procedural
Cited "but see"Simmons (1991)phrase: "but see"
CopyPublished | District Court of Appeal of Florida
different elements and none of the exceptions in section
775.021(4), Florida Statues, 4 apply. See Garcia v
0 red0 yellow1 green0 procedural
CopyPublished | District Court of Appeal of Florida | 12 Fla. L. Weekly 656, 1987 Fla. App. LEXIS 7103
should have imposed sentences for both crimes. See §
775.021(4), Fla.Stat. (1985). We affirm the appellant’s
0 red0 yellow1 green1 procedural
CopyPublished | Florida 3rd District Court of Appeal | 2005 Fla. App. LEXIS 966, 2005 WL 236405
lenity. The rule of lenity has been codified in section
775.021 and provides that: [T]he provisions of this
0 red0 yellow1 green0 procedural
Cited as authoritySanders (2007)phrase: "rule_authority"
CopyPublished | District Court of Appeal of Florida | 1999 WL 1115446
codified in Florida at section
775.021(4), Florida Statutes (1997). Section
775.021(4) provides, in pertinent
0 red0 yellow1 green0 procedural
Cited as authorityDuff (2006)phrase: "rule_authority"
CopyPublished | Florida 5th District Court of Appeal | 2004 WL 256513
numbers 2002-CF-739 and 2003-CF-194. [2] Section
775.021. Rules of Construction. (1) The provisions
0 red0 yellow1 green0 procedural
CopyPublished | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 681, 1991 WL 9386
CRIMES OCCURRED AFTER THE EFFECTIVE DATE OF SECTION
775.021, FLORIDA STATUTES (SUPP.1988), IS IT IMPROPER
0 red0 yellow1 green0 procedural
Cited as authorityJames (1991)phrase: "rule_authority"
CopyPublished | Supreme Court of Florida | 2014 WL 4636358
Supervision of the Department of Corrections) §
775.21(6)(b), Fla. Stat. To prove the crime of Failure
0 red0 yellow1 green0 procedural
CopyPublished | District Court of Appeal of Florida | 1994 Fla. App. LEXIS 8177, 1994 WL 440559
firearm in committing those offenses. Applying section
775.021, Florida Statutes, and the principles of Blockburger
0 red0 yellow1 green0 procedural
Cited as authorityFlorczak (1998)phrase: "rule_authority"
CopyPublished | District Court of Appeal of Florida | 14 Fla. L. Weekly 1813, 1989 Fla. App. LEXIS 4294, 1989 WL 85278
88-131, § 7, Laws of Fla., the amendment to section
775.021(4), Florida Statutes (1987) which became effective
0 red1 yellow0 green0 procedural
Cited "but see"Gibbs (1996)phrase: "but see"
CopyPublished | District Court of Appeal of Florida
also designated a sexual predator pursuant to section
775.21(4)(a)1.b. On appeal, after his appointed counsel
0 red0 yellow1 green0 procedural
CopyCited 1 times | Published | Supreme Court of Florida | 41 Fla. L. Weekly Supp. 70, 2016 Fla. LEXIS 392, 2016 WL 743245
analysis turns on the rule of construction in section
775.021(4), Florida Statutes (2008); regarding “separate
1 red0 yellow20 green0 procedural
CopyPublished | Florida 5th District Court of Appeal | 2006 Fla. App. LEXIS 18739, 2006 WL 3228578
looks to the Blockburger2 test, as codified in section
775.021(4), Florida Statutes, to determine whether
2 red0 yellow2 green0 procedural
OverruledGil (2013)phrase: "overruled by"
OverruledGil (2013)phrase: "been overruled"
Cited as authorityGil (2013)phrase: "rule_authority"
CopyPublished | District Court of Appeal of Florida
reconciled with the post-Faison amendment to section
775.021, Florida Statutes, which clarified that “[t]he
CopyPublished | District Court of Appeal of Florida | 14 Fla. L. Weekly 2084, 1989 Fla. App. LEXIS 4910, 1989 WL 101260
involved occurred prior to the passage of section 775.-021(4)(a), Florida Statutes (Supp.1988). See State
CopyPublished | Florida 6th District Court of Appeal
of which are subsumed by the greater offense. §
775.021(4), Fla. Stat. (2025). In Trappman, the Florida
CopyPublished | Florida 4th District Court of Appeal | 2007 WL 2481016
construe the statutes favorably to the accused. See §
775.021(1), Fla. Stat. (2005); State v. Drury, 829 So
CopyPublished | Florida 4th District Court of Appeal | 2001 WL 1008146
sentences for two separate crimes were legal under section
775.021(4), Florida Statutes. Likewise, his double
CopyPublished | District Court of Appeal of Florida
conduct that is not, in and of itself, criminal. §
775.021(1), Fla. Stat. (2017) (“The provisions of this
CopyPublished | District Court of Appeal of Florida
CopyPublished | Supreme Court of Florida
required to register as a sexual predator under section
775.21, Florida Statutes, or as a sexual offender
CopyPublished | District Court of Appeal of Florida | 13 Fla. L. Weekly 2218, 1988 Fla. App. LEXIS 4258, 1988 WL 97965
However, in light of the recent amendment to section 775.-021, which had set out a rule of statutory construction
CopyPublished | Supreme Court of Florida
designation on an offender who qualifies under section
775.21, Florida Statutes (2018), the Florida Sexual
CopyPublished | District Court of Appeal of Florida
Judge. PER CURIAM. Affirmed. See §
775.21(4)(a)(1)(a), Fla. Stat. (2004); Sheppard v. State
CopyPublished | Florida 4th District Court of Appeal | 2009 Fla. App. LEXIS 13748, 34 Fla. L. Weekly Fed. D 1888
in finding him to be a sexual predator under section
775.21, Florida Statutes, without an opportunity to
CopyPublished | District Court of Appeal of Florida
CopyPublished | Florida 1st District Court of Appeal | 2017 WL 4449458
predator because the victim was not a minor. See §
775.21(4)(a)1.a., Fla. Stat. (2010); Maceo v. State,
CopyPublished | District Court of Appeal of Florida | 1989 WL 117145
1989). Further, the state’s argument that section
775.021(4) should be applied retroactively so as to
CopyPublished | Florida 3rd District Court of Appeal
“Blockburger and its statutory equivalent in section
775.021(4), Fla. Stat. (1983)[5], are only tools of
CopyPublished | District Court of Appeal of Florida
allege any essential elements and merely cited section
775.21(10)(a) as opposed to the violation of the
CopyPublished | Florida 2nd District Court of Appeal
CopyPublished | Supreme Court of Florida
CopyPublished | District Court of Appeal of Florida
declaring him to be a sexual predator pursuant to section
775.21, Florida Statutes, for a qualifying offense
CopyPublished | District Court of Appeal of Florida
Simmons qualified as a sexual predator under section
775.21(4)(a)1.a., Florida Statutes, as he was convicted
CopyPublished | Florida 4th District Court of Appeal
supreme court explained in Conage, “[t]hrough section
775.021(1), Florida Statutes, the Legislature has elevated
CopyPublished | District Court of Appeal of Florida
Williamson urges us to employ the Rule of Lenity. See §
775.021(1), Fla. Stat. We see no ambiguity in the statutory
CopyPublished | District Court of Appeal of Florida
the Rule of Lenity and section
775.021(1), Florida Statutes (2017). Section
775.021(1) states that “[t]he
CopyPublished | District Court of Appeal of Florida
3 (Fla. 2d DCA 2013) (“[U]nder section
775.021(4)(b)(2), an attempt to commit an offense is
CopyPublished | District Court of Appeal of Florida
("The Florida Supreme Court has held that section
775.021, Florida Statutes, does not abrogate the merger
CopyPublished | District Court of Appeal of Florida
CopyPublished | District Court of Appeal of Florida
CopyPublished | District Court of Appeal of Florida
one criminal episode or transaction . . . .” §
775.021(4)(b), Fla. Stat. (2021). One exception to this
CopyPublished | Florida 1st District Court of Appeal
are subsumed by the greater offense. §
775.021(4)(b), Fla. Stat.; see also Trappman v. State
CopyPublished | Supreme Court of Florida
Department of Corrections) §
775.21(6)(b), Fla. Stat. To prove the crime of
CopyPublished | Florida 6th District Court of Appeal
course of one criminal transaction or episode.” §
775.021(4)(a), Fla. Stat. (2022). Second, the “distinct
CopyPublished | Florida 1st District Court of Appeal | 2011 WL 12539461
survive a “same elements” test as defined by section
775.021, Florida Statutes, which is commonly referred
CopyPublished | District Court of Appeal of Florida
survive a “same elements” test as defined by section
775.021, Florida Statutes, which is commonly referred
CopyPublished | District Court of Appeal of Florida | 1987 Fla. App. LEXIS 10998, 12 Fla. L. Weekly 2625
for each offense in this case pursuant to section
775.021(4), Florida Statutes (1985). After sentence
CopyPublished | District Court of Appeal of Florida
would normally apply the rule of lenity in section
775.021(1), Florida Statutes (2017), and construe the
CopyPublished | District Court of Appeal of Florida
punishments are otherwise precluded under section
775.021(4), Florida Statutes (2011). See Valdes, 3
CopyPublished | Supreme Court of Florida | 1990 WL 59663
legislature spoke loud and clear when it amended section
775.021(4), Florida Statutes (1985). The amended statute
CopyPublished | District Court of Appeal of Florida
similar to that found in the DUI statute, section
775.021(4)(b), Florida Statutes (2015), which states
CopyPublished | Florida 2nd District Court of Appeal
"custody"—in other sections of chapter 775. See, e.g., §
775.21(10)(g), Fla. Stat. (2016) (providing that third-degree
CopyPublished | District Court of Appeal of Florida
from the essential elements of law by using section
775.021(4)(a), Florida Statutes (2017), to determine
CopyPublished | District Court of Appeal of Florida
Blockburger . . . ‘same-elements’ test pursuant to section
775.021(4), Florida Statutes[,] is the sole method
CopyPublished | District Court of Appeal of Florida
Blockburger . . . ‘same-elements’ test pursuant to section
775.021(4), Florida Statutes[,] is the sole method
CopyAgo (Fla. Att'y Gen. 2006).
Published | Florida Attorney General Reports
adopting "The Florida Sexual Predators Act," section
775.21, Florida Statutes, the Legislature clearly
CopyPublished | District Court of Appeal of Florida
violate the Blockburger2 test codified in section
775.021(4), Florida Statutes (2015). See Valdes, 3
CopyPublished | Florida 4th District Court of Appeal
holding was based on the 1983 enactment of section
775.021(4), Florida Statutes, which the supreme court
CopyPublished | District Court of Appeal of Florida
of the sentences be served concurrently.”); §
775.021(4)(a), Fla. Stat. (1989) (“Whoever, in the course
CopyPublished | District Court of Appeal of Florida
both under Florida’s double jeopardy statute, section
775.021(4)(a). Id. The Fifth District held the same
CopyPublished | Florida 2nd District Court of Appeal | 2006 WL 625865
for sexual predator designation pursuant to section
775.21, Florida Statutes (2004). Castaneda appeals
CopyPublished | District Court of Appeal of Florida
last resort, the rule of lenity provided in section
775.021(1): “The provisions of this code and offenses
CopyPublished | Supreme Court of Florida
convictions are variants of the same offense under section
775.021(4)(b)2., Florida Statutes (2014), we hold that
CopyPublished | Florida 5th District Court of Appeal
Florida Legislature did so when it enacted section
775.021(4)(a), Florida Statutes (2015), which provides
CopyPublished | Florida 5th District Court of Appeal
Florida Legislature did so when it enacted section
775.021(4)(a), Florida Statutes (2015), which provides
CopyPublished | Florida 3rd District Court of Appeal | 33 Fla. L. Weekly Fed. D 1654
register as a *658 sexual predator as required by section
775.21(10)(a), Florida Statutes (2007). Wooding filed
CopyPublished | District Court of Appeal of Florida
CopyPublished | District Court of Appeal of Florida
of which are subsumed by the greater offense. §
775.021(4)(b), Fla. Stat. See Trappman, 49 Fla. L. Weekly
CopyPublished | District Court of Appeal of Florida
Blockburger “same- elements” test, codified in section
775.021, Florida Statutes (2021), to determine whether
CopyPublished | District Court of Appeal of Florida
resolve any ambiguities in favor of Mr. Islaam. See §
775.021(1), Fla. Stat. (2023) ("The provisions of
CopyPublished | Supreme Court of Florida | 1991 WL 101174
crimes occurred after the effective date of section
775.021, Florida Statutes (1988 Supp.), is it improper
CopyPublished | District Court of Appeal of Florida | 1989 WL 73754
apparently been superseded by the enactment of section
775.021(4)(b), Florida Statutes (1988 Supp.), State
CopyPublished | District Court of Appeal of Florida
GORDO, JJ. PER CURIAM. Affirmed. See §
775.21(4)(a)1.a., Fla. Stat. (2014) (providing that a
CopyPublished | District Court of Appeal of Florida
subsumed within the elements of the second crime.”); §
775.021(4)(b)3., Fla. Stat. (providing that the Legislature’s
CopyPublished | Supreme Court of Florida | 11 Fla. L. Weekly 357, 1986 Fla. LEXIS 2323
instrument and is not a lesser included offense. See § 775.-021(4), Fla.Stat. (1983) and Linehan v. State, 476
CopyPublished | Supreme Court of Florida
(Failure to Provide Required Information) §
775.21(6)(a)1., Fla. Stat. To prove the crime
CopyPublished | District Court of Appeal of Florida
victim injury. Our approach is consistent with section
775.021(1), Florida Statutes (2020), which provides:
CopyPublished | Florida 5th District Court of Appeal | 2004 WL 40569
Glenn, Sr., challenges the constitutionality of section
775.21, Florida Statutes (2000), on both procedural
CopyAgo (Fla. Att'y Gen. 1999).
Published | Florida Attorney General Reports
presence of sexual predators.21 Pursuant to section
775.21(7), Florida Statutes (1998 Supplement), Florida's
CopyPublished | District Court of Appeal of Florida
designation on an offender who qualifies under section
775.21, when the sentencing court did not impose the
CopyPublished | Florida 4th District Court of Appeal | 2003 WL 22399730
appeals an order that rejected his argument that section
775.21(6), Fla. Stat. (2001), "The Florida Sexual
CopyPublished | Florida 2nd District Court of Appeal
[Glaubius]'s plea was not involuntary." Section
775.021(4)(a), Florida Statutes (2021), which codifies
CopyPublished | Florida 2nd District Court of Appeal
under a Blockburger2 analysis, as codified in section
775.021(4), Florida Statutes (2020). See Batchelor
CopyPublished | Florida 5th District Court of Appeal | 2013 WL 275296
element that the other does not,” codified at section
775.021(4)(a), Florida Statutes (2009).5 If each of
CopyPublished | District Court of Appeal of Florida
dual burglary convictions are authorized by section
775.021(4)(b), Florida Statutes (2017), which provides:
CopyPublished | Florida 5th District Court of Appeal
construed most favorably to” Yanes- Blanco. See §
775.021(1), Fla. Stat. However, the rule of lenity comes
CopyPublished | District Court of Appeal of Florida
I, § 9, Fla. Const. (double jeopardy clause); §
775.021(4)(b)(3), Fla. Stat. (2007) (codifying that criminals
CopyPublished | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 18611
of the law, the court should have applied section 775.-021(4), Florida Statutes (1979) and sustained
CopyPublished | District Court of Appeal of Florida
determine whether separate offenses exist. Id. Section
775.021(4), Florida Statutes, which codifies the Blockburger
CopyPublished | Florida 5th District Court of Appeal
violence in such offenses, or who preyed on children. §
775.21(3)(a), Fla. Stat. (2024). In 2001, at the
CopyPublished | District Court of Appeal of Florida
Florida law pursuant to a 1988 amendment to section
775.021(4), Florida Statutes. Id. at 66-67. The court
CopyPublished | Supreme Court of Florida
regarding multiple punishments contained in section
775.021(4), Florida Statutes (2017). Finally, we consider
CopyPublished | District Court of Appeal of Florida
(1932). The Blockburger test is codified in section
775.021, Florida Statutes (2012), to determine whether
CopyPublished | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 796, 1991 WL 11639
before the effective date of the amendment to section 775.-021(4), Florida Statutes (Supp.1988), which superceded
CopyPublished | Florida 5th District Court of Appeal
8 in this case is section
775.021(1), Florida Statutes (2014), which instructs
CopyAgo (Fla. Att'y Gen. 2001).
Published | Florida Attorney General Reports
notification of the presence of sexual predators under section
775.21, Florida Statutes? In sum: The Chief of Police
CopyPublished | Supreme Court of Florida | 16 Fla. L. Weekly Supp. 194, 1991 Fla. LEXIS 390
crimes occurred after the effective date of section
775.021, Florida Statutes (Supp.1988), is it improper
CopyPublished | District Court of Appeal of Florida
of the mother. See §
782.09(1), Fla. Stat.; §
775.021(5), Fla. Stat. (“Whoever commits an act that
CopyPublished | Florida 5th District Court of Appeal | 2008 WL 462975
each count, for a total sentence of 30 years. §
775.021(4), Fla. Stat. (2006). However, if the defendant
CopyPublished | Florida 2nd District Court of Appeal | 2007 WL 283690
favor of the accused under the rule of lenity. §
775.021(1), Fla. Stat. (2002). Therefore, we are constrained
CopyPublished | Florida 2nd District Court of Appeal
CopyPublished | District Court of Appeal of Florida
court determined that the 1988 amendment to section
775.021, Florida Statutes, did not supersede Houser
CopyAgo (Fla. Att'y Gen. 1997).
Published | Florida Attorney General Reports
brutally murdered by a sexual offender.1 In section
775.21, Florida Statutes (1996 Supplement), the Legislature
CopyPublished | Florida 2nd District Court of Appeal
commerce" theory; in fact, we are forbidden to do so. §
775.021(1), Fla. Stat. (2014) (directing that provisions
CopyPublished | Florida 4th District Court of Appeal | 2000 WL 1781404
individual for the purposes of the statute, section
775.021(1) provides that, in construing statutes, "when
CopyPublished | District Court of Appeal of Florida
jeopardy analysis must—in accordance with section
775.021(4)[, Florida Statutes]— be conducted without
CopyPublished | District Court of Appeal of Florida
be construed most favorably to the accused.” §
775.021(1), Fla. Stat. (2014); see Thompson v. State,
CopyPublished | Florida 5th District Court of Appeal
be designated a sexual predator pursuant to section
775.21(4), Florida Statutes, (1) if he or she was
CopyPublished | Florida 1st District Court of Appeal
to support designation as a sexual predator. Section
775.21(4)(a) requires an offender to be designated
CopyPublished | Supreme Court of Florida
ANALYSIS Because the statutory language of section
775.021, Florida Statutes (2010), clearly states the
CopyPublished | Supreme Court of Florida
2018). 1 Because the same-elements test in section
775.021, Florida Statutes (2014), controls whether
CopyPublished | Florida 3rd District Court of Appeal
2004), that the Florida Sexual Predator Act, section
775.21, Florida Statutes (1999), is unconstitutional
CopyPublished | District Court of Appeal of Florida
LOBREE, JJ. PER CURIAM. Affirmed. §
775.021(4)(a), Fla. Stat. (2018) (“Whoever, in the course
CopyAgo (Fla. Att'y Gen. 2011).
Published | Florida Attorney General Reports
thereof, you cite to several provisions of section
775.21, Florida Statutes, "The Florida Sexual Predators
CopyPublished | District Court of Appeal of Florida
correctly designated a sexual predator under section
775.21(4)(a), Florida Statutes (2018), Florida’s
CopyPublished | Supreme Court of Florida
Finally, there is the rule of lenity. Through section
775.021(1), Florida Statutes, the Legislature has
CopyPublished | District Court of Appeal of Florida
“same elements” test, which is codified in section
775.021(4)(a), Florida Statutes, and provides that
CopyPublished | Florida 5th District Court of Appeal | 2001 Fla. App. LEXIS 11497
the Florida Sexual Predators Act (the Act), section
775.21, Florida Statutes (2000). Kelly appeals his
CopyPublished | Florida 6th District Court of Appeal
So. 2d 1107, 1111 (Fla. 2007) (quoting §
775.021(1), Fla. Stat. (2002)). This extremely important
CopyPublished | Florida 5th District Court of Appeal
offenses, violence, or crimes against minors. Id. §
775.21(3)(a). They are subject to enhanced registration
CopyPublished | Florida 5th District Court of Appeal | 2008 WL 3539478
"raises a due process claim." We again disagree. Section
775.21 of the Florida Statutes (2007) sets forth the
CopyPublished | District Court of Appeal of Florida
2d 17 (1983). Also, as required by section
775.021(1), Florida Statutes (2000), a strict
CopyPublished | District Court of Appeal of Florida
that Alvarez is a sexual predator pursuant to section
775.21, Florida Statutes (2015). We affirm.
CopyPublished | Florida 5th District Court of Appeal
not resort to an analysis of the factors in section
775.021(4), Florida Statutes, commonly referred to
CopyPublished | District Court of Appeal of Florida
BOKOR, JJ. PER CURIAM. Affirmed. See §
775.021(4)(a), Fla. Stat. (2023) (“Whoever, in the course
CopyPublished | Florida 2nd District Court of Appeal
are facets of the same transaction. However, section
775.021(4), which was amended in 1988 by adding subsection
CopyPublished | Florida 2nd District Court of Appeal
are facets of the same transaction. However, section
775.021(4), which was amended in 1988 by adding subsection
CopyPublished | District Court of Appeal of Florida
facets of the same transaction. However, section
775.021(4), which was amended in 1988 by adding subsection
CopyPublished | District Court of Appeal of Florida
has codified the double jeopardy bar within section
775.021(4)(a)-(b), Florida Statutes (2015).” McCullough
CopyPublished | District Court of Appeal of Florida
construction of “custodial authority” as required by section
775.021(1). Id. at 1357–58 (quoting Hallberg v. State
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2014 WL 3434445, 2014 Fla. App. LEXIS 10884
3d at 223 (Northcutt, J., concurring) (citing §
775.021(1), Fla. Stat. (2009)). We note that section
1 red0 yellow8 green0 procedural
Receded fromReyes (2020)phrase: "receded from"
Cited as authorityReyes (2020)phrase: "rule_authority"
Cited as authorityEady (2017)phrase: "rule_authority"
CopyPublished | District Court of Appeal of Florida | 1995 Fla. App. LEXIS 9642, 1995 WL 539046
elements of the crime as we are mandated to do by section
775.021(4), Florida Statutes (1993), and Brown v. State
1 red0 yellow1 green0 procedural
No longer good lawBillups (1997)phrase: "no longer controlling"
Cited as authorityBillups (1997)phrase: "rule_authority"
CopyPublished | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 875, 1991 WL 15556
the probata in contravention of Ca-rawan and section
775.021(4). Gordon, on the other hand, was a pure statutory
1 red0 yellow0 green1 procedural
Receded fromAlvarez (1992)phrase: "receded from"
Review deniedAlvarez (1992)phrase: "review denied"
