Arrestable Offenses / Crimes under Fla. Stat. 775.21
S775.21 6a - SEX PRED VIOLATION - RENUMBERED. SEE REC # 10313 - F: T
S775.21 6a1 - SEX PRED VIOLATION - SEX PREDATOR FAIL TO REGISTER EMPLOYMENT INFO - F: T
S775.21 6a1 - SEX PRED VIOLATION - SEX PRED FAIL TO REG EMAIL/INTERNET ID/PHONE - F: T
S775.21 6a1 - SEX PRED VIOLATION - SEX PREDATOR FAIL TO REGISTER ADDRESS INFO - F: T
S775.21 6a1 - SEX PRED VIOLATION - SEX PREDATOR FAIL TO PROVIDE IDENTITY REG REQ - F: T
S775.21 6a1b - SEX PRED VIOLATION - SEX PRED FAIL TO REG RESIDE MOTOR VEH/VESSEL - F: T
S775.21 6a1c - SEX PRED VIOLATION - SEX PRED FAIL REGISTER INFO W/ HIGHER ED INST - F: T
S775.21 6a2 - SEX PRED VIOLATION - SEX PREDATOR FAIL TO PROVIDE REG INFO TO FDLE - F: T
S775.21 6b - SEX PRED VIOLATION - FAIL TO REGISTER AS SEX PRED WHILE SUPERVISED - F: T
S775.21 6e - SEX PRED VIOLATION - FAIL TO REGISTER AS SEX PRED NOT SUPERVISED - F: T
S775.21 6f - SEX PRED VIOLATION - RENUMBERED. SEE REC# 6148 - F: T
S775.21 6g - SEX PRED VIOLATION - RENUMBERED. SEE REC# 6149 - F: S
S775.21 6g - SEX PRED VIOLATION - SEX PRED TRANSIENT FAIL TO REPORT EVERY 30DAYS - F: T
S775.21 6g - SEX PRED VIOLATION - SEX PRED FAIL TO REPORT ADDRESS OR NAME CHANGE - F: T
S775.21 6g1 - SEX PRED VIOLATION - RENUMBERED. SEE REC # 10324 - F: T
S775.21 6g3 - SEX PRED VIOLATION - RENUMBERED. SEE REC # 3938 - F: S
S775.21 6g4 - SEX PRED VIOLATION - RENUMBERED. SEE REC # 10325 - F: T
S775.21 6g5b - SEX PRED VIOLATION - SEX PRED FAIL REG STATUS CHANGE HIGHER ED INST - F: T
S775.21 6i - SEX PRED VIOLATION - SEX PREDATOR FAIL TO REPORT INTENT TO MOVE - F: T
S775.21 6j - SEX PRED VIOLATION - SEX PREDATOR FAIL TO REPORT INTENT TO REMAIN - F: S
S775.21 10a - SEX PRED VIOLATION - RENUMBERED. SEE REC # 3939 - F: T
S775.21 10a - SEX PRED VIOLATION - RENUMBERED. SEE REC # 10315 - F: T
S775.21 10a - SEX PRED VIOLATION - RENUMBERED. SEE REC # 10316 - F: T
S775.21 10a - SEX PRED VIOLATION - RENUMBERED. SEE REC # 10326 - F: T
S775.21 10a - SEX PRED VIOLATION - RENUMBERED. SEE REC # 10327 - F: T
S775.21 10a - FAIL TO REG AS SEX PRED - SEX PRED FAIL TO RESPOND TO REGISTRATION REQ - F: T
S775.21 10a - SEX PRED VIOLATION - SEX PREDATOR FAIL TO REGISTER/RENEW DL/ID CARD - F: T
S775.21 10a - SEX PRED VIOLATION - SEX PREDATOR FAIL TO COMPLY W REGISTRATION REQ - F: T
S775.21 10b - SEX PRED WORK WHERE CHILDREN GATHER - SEX PREDATOR WORKING WHERE CHILDREN CONGREGATE - F: T
S775.21 10c - INVADE PRIVACY - RENUMBERED. SEE REC # 8538 - M: F
S775.21 10c - FORGERY OF - RENUMBERED. SEE REC # 8540 - M: F
S775.21 10c - FORGERY OF - RENUMBERED. SEE REC # 8539 - M: F
S775.21 10c - INVADE PRIVACY - RENUMBERED. SEE REC # 8541 - M: F
S775.21 10c - FRAUD - RENUMBERED. SEE REC # 8537 - M: F
S775.21 10d - INVADE PRIVACY - DISTR/PUBLISH FALSE INFO SEX OFFENDER/PREDATOR - M: F
S775.21 10g1 - SEX PRED VIOLATION - RENUMBERED. SEE REC # 10329 - F: T
S775.21 10g2 - SEX PRED VIOLATION - RENUMBERED. SEE REC # 10330 - F: T
S775.21 10g3 - SEX PRED VIOLATION - RENUMBERED. SEE REC # 10331 - F: T
S775.21 10g4 - SEX PRED VIOLATION - RENUMBERED. SEE REC # 10332 - F: T
S775.21 10g4 - OBSTRUCTING JUSTICE - PROVIDE FALSE INFO TO LEO ABOUT SEX PREDATOR - F: T
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has codified this rule of construction in section
775.021(4), Florida Statutes (1985): Whoever, in the
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sentences run consecutively. The State argues that section
775.021(4), Florida Statutes (1991), which authorizes
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review *4 here when it added subsection (4) to section
775.021. In any event we are unwilling to construe
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these criminal statutes, as is mandated by section
775.021(1), Florida Statutes (1995), supports the interpretation
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So.2d 1167 (Fla.2006). Thus, we hold that section
775.021(4)(b)(2), Florida Statutes (2008), prohibits
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separate convictions and separate punishment. §
775.021(4), Fla. Stat. (1985).[2] The Gordon court below
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shall be construed most favorably to the accused. §
775.021(1), Fla. Stat. (1987). We thus must determine
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two or more separate, statutory offenses. Section
775.021(4), Florida Statutes (1979), supplies the answer
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district court affirmed on the authority of section
775.021(4), Florida Statutes (1977). The court certified
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...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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impose consecutive mandatory minimum sentences. Section
775.021(4)(a) unequivocally provides: Whoever, in the
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punishments, the rule of lenity contained in section
775.021(1) and our common law requires that the court
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shall be construed most favorably to the accused. §
775.021, Fla. Stat. (1995). Applying the above principles
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specifically codified this principle of lenity in section
775.021(1), Florida Statutes (2002). "This principle
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discretion, for each and every homicide. See §
775.021(4), Fla. Stat. (1983). In remanding for resentencing
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with the Fifth District Court of Appeal that section
775.021(4)(b)2., *154 Florida Statutes (1989), bars
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the Blockburger[2] test, as *20 codified in section
775.021, Florida Statutes (1997), to determine whether
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crimes occurred after the effective date of section
775.021, Florida Statutes *940 (Supp. 1988), is it
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...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....
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legislatively prescribed rule of lenity in section
775.021(1), Florida Statutes (2001), the Fifth District
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credit card convictions in violation *1226 of section
775.021(4)(b)(2), Florida Statutes (1993).[1]Ross,
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employ the Blockburger[2] test, as codified in section
775.021, Florida Statutes (1997), to determine whether
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construing criminal statutes is codified in section
775.021(1), Florida Statutes (1997). See Hayes, 750
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...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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Palmer, however, we noted that the language of section
775.021(4), Florida Statutes (1981), granted the trial
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construed most favorably to the accused. See §
775.021(1), Fla. Stat. (1993); Perkins v. State, 576 So
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,
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
CopyCited 39 times | Published | Supreme Court of Florida
test is codified in section
775.021(4)(a), Florida Statutes (2004). Section
775.021(4) provides in full:
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....
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employ the Blockburger[4] test, as codified in section
775.021, Florida Statutes (1999), to determine whether
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....
CopyCited 34 times | Published | Supreme Court of Florida
and possession charges on the ground that section
775.021(4), Florida Statutes (1981), precludes multiple
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
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....
...1708,
140 L.Ed.2d 1043 (1998) (quoting Daniels v. Williams,
474 U.S. 327, 331,
106 S.Ct. 662,
88 L.Ed.2d 662 (1986)). This case implicates substantive due process. The Act provides for a hearing before an individual is designated a sexual predator. See §
775.21(5), Fla....
...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....
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
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
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offense of another is directly contrary to section
775.021(4), Florida Statutes (1983), and to our case
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
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the defendant under the rule of lenity and section
775.021(1), Florida Statutes (1997). Indeed, the same
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
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
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
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
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
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
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
CopyCited 22 times | Published | Supreme Court of Florida
v. Hegstrom,
401 So.2d 1343 (Fla. 1981). See §
775.021(4), Fla. Stat. (1979). The convictions are affirmed
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
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:
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....
CopyCited 21 times | Published | Supreme Court of Florida | 1996 WL 734518
one criminal episode." See §
775.021(4)(b), Fla. Stat. (1995). Section
775.021(4)(a) includes a codification
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
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
CopyCited 20 times | Published | Supreme Court of Florida
8 same-elements test, codified in section
775.021(4), Florida Statutes (2018), to determine if
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
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....
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
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
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
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....
CopyCited 18 times | Published | Supreme Court of Florida | 11 Fla. L. Weekly 124
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
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
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:
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
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
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
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
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
CopyCited 15 times | Published | Supreme Court of Florida
cross-petitioner's argument, holding that Section
775.021(4), Florida Statutes (Supp. 1976), which permits
CopyCited 14 times | Published | Florida 2nd District Court of Appeal | 2005 WL 2372723
...King was charged in November 2000 with lewd molestation pursuant to section
800.04(5)(a), Florida Statutes (2000). This offense was a first-degree felony and upon conviction would have required the trial court to designate Mr. King as a sexual predator. See §§
775.21(4)(a)(1)(a),
775.21(5), Fla....
...A conviction for this second-degree felony offense results in the classification of Mr. King as a sexual offender. See §
943.0435(1)(a), Fla. Stat. (2000) (defining "sexual offender"). It did not, however, make him eligible for treatment as a sexual predator unless he had a prior conviction, which he does not have. See §
775.21(4)....
...We stated: Candidly, we are uncertain what appellate remedy was available to Mr. Coblentz [at the time of the direct appeal]. . . . Mr. Coblentz claims that he does not qualify as a sexual predator. His convictions are second-degree felonies. Under section 775.21(4)(c) he would qualify as a sexual predator only if he had a prior conviction for an enumerated crime....
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
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
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....
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
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
CopyCited 14 times | Published | Florida 4th District Court of Appeal | 1999 WL 17813
CopyCited 14 times | Published | Florida 4th District Court of Appeal
of the above cited cases, Florida enacted Section
775.021(4) effective October of 1976 which reads as
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
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....
CopyCited 13 times | Published | Florida 4th District Court of Appeal | 1998 WL 634782
proof of an element that the other does not. See §
775.021(4)(a), Fla. Stat. (1997); State v. Smith, 547
CopyCited 13 times | Published | Florida 5th District Court of Appeal | 1995 WL 680446
of the same crime of burglary. Pursuant to section
775.021(4)(b), the Florida Legislature has expressly
CopyCited 13 times | Published | Florida 2nd District Court of Appeal | 1998 WL 279232
...Thomas James Angell challenges the trial court's denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.850 which assails counsel for not objecting to the trial court's determination that designated him a sexual predator under section 775.21-.23, Florida Statutes (1993)....
CopyCited 13 times | Published | Florida 4th District Court of Appeal | 2002 Fla. App. LEXIS 3019, 2002 WL 385576
...The trial court also concluded that appellant's parental rights could be terminated under section
39.806(1)(d)2 which provides as a ground for termination that the parent is incarcerated and has been determined to be a sexual predator as defined in section
775.21. The trial court found that appellant was a sexual predator under section
775.21(4)(a)1.b; however, DCF concedes that this section is not applicable because it requires prior convictions which do not exist in this case. DCF argues, however, that appellant meets the definition of a sexual predator found in section
775.21(4)(a)1.a....
...A more basic problem with DCF's assertion that appellant is a sexual predator is that section
39.806(1)(d)2, Florida Statutes (2001), on which DCF relies, provides that parental rights may be terminated when *793 "[t]he incarcerated parent has been determined by the court to be ... a sexual predator as defined in s.
775.21." The term "sexual predator" as defined in section
775.21 is a legal classification which results from written findings made by the sentencing court in the criminal case. §
775.21(5), Fla. Stat. (2001). In the present case, appellant was not designated a sexual predator by the criminal court nor were any of the other procedures set forth in section
775.21 followed....
...ination here. This conclusion arises from the peculiar wording of subsection
39.806(1)(d)2, which allows a termination of parental rights when the incarcerated parent " has been determined by the court [e.s.] to be a... sexual predator as defined in s.
775.21." There are two things about this highlighted text that occur to me....
...Galbut,
626 So.2d 192, 194 (Fla.1993) (when statute imposes penalty, any doubt as to meaning must be resolved in favor of strict construction so that those covered by statute have clear notice of what conduct statute proscribes); State v. Llopis,
257 So.2d 17, 18 (Fla.1971) (same). It follows that the judge in the section
775.21 criminal proceeding is to determine whether the parent is a sexual predator....
CopyCited 13 times | Published | Florida 5th District Court of Appeal | 2003 WL 21294060
...The written judgment and sentences entered the following day mirrored the oral pronouncements, except that this time Nicholson was declared to be a "sexual predator" with respect to each sentence. Nicholson now complains on appeal that he did not qualify for sentencing as a sexual predator under section 775.21, Florida Statutes (1999), and that it was error to designate him as such. We agree. The offenses to which he pled guiltytwo counts of lewd or lascivious molestation of a person between twelve and sixteen years of ageare not "capital, life, or first-degree" felonies, or "any attempt thereof," under section 775.21(4)(a)1.a. He cannot be designated a sexual predator under section 775.21(4)(a)1.b....
...because he had not previously been convicted of one of the qualifying offenses. His convictions for two separate offenses, which occurred at the same time and were scored on the same scoresheet, also do not qualify him for sentencing as a sexual predator. § 775.21(4)(b), Fla....
..., however, it is difficult even to imagine which rules committee might take this task in hand. We take the view that it doesn't much matter that a sexual predator designation is not a sentence or a punishment. Under the statutory scheme set forth in section 775.21(5)(a)1., when the defendant is before the court for sentencing for a current offense, the sentencing court must make a "written finding" that the person is a sexual predator at the time of sentencing....
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
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
CopyCited 13 times | Published | Florida 5th District Court of Appeal | 1994 WL 41838
that is to the benefit of the defendant. See §
775.021(1), Fla. Stat. (1991); Scates v. State, 603 So
CopyCited 13 times | Published | Florida 1st District Court of Appeal
punishments for robbery and theft, it looked to section
775.021, which provides that “[t]he intent of the Legislature
CopyCited 13 times | Published | Florida 5th District Court of Appeal | 2001 WL 929927
...scivious assault on a person *136 under the age of sixteen. Subsequent to his convictions for these offenses, the trial court granted the State's motion to declare Kelly to be a sexual predator pursuant to the Florida Sexual Predators Act (the Act), section 775.21, Florida Statutes (2000). Kelly appeals his convictions and the trial court's declaration finding him to be a sexual predator. We affirm his convictions and the sexual predator designation. The only issue raised by Kelly that warrants discussion is whether section 775.21 requires the trial court to find that an individual is a sexual predator if the statutory criteria are established....
...We disagree and hold that the Act is mandatory and does not violate the separation of powers clause. Specific Provisions Of The Act Clearly Indicate The Legislature's Intent That It Be Mandatory The language of the Act clearly indicates that the Legislature intended it to be mandatory. The Act specifically provides in section 775.21(4)(a) that if the statutory criteria are met, "an offender shall be designated as a `sexual predator' under subsection (5), and subject to registration under subsection (6) and community and public notification...." (Emphasis supplied)....
...Therefore, the word "shall" means the designation must be declared if the criteria are met and that the trial court has no discretion to do otherwise. Other provisions of the Act clearly indicate the Legislature's intent to make the declaration mandatory. Section 775.21(3)(d) states that "[i]t is the purpose of the Legislature that, upon the court's written finding that an offender is a sexual predator, in order to protect the public, it is necessary that the sexual predator be registered with the department and that members of the community and the public be notified of the sexual predator's presence." (Emphasis supplied). Section 775.21(5)(a)1....
...The Legislature enacted the Act based on its finding that "[r]epeat sexual *138 offenders, sexual offenders who use physical violence, and sexual offenders who prey on children are sexual predators who present an extreme threat to the public safety." § 775.21(3)(a), Fla. Stat. (2000). Moreover, the Legislature found that "[t]he state has a compelling interest in protecting the public from sexual predators and in protecting children from predatory sexual activity," section 775.21(3)(c), Florida Statutes (2000), and that "in order to protect the public, it is necessary that the sexual predator be registered with the department and that members of the community and the public be notified of the sexual predator's presence." § 775.21(3)(d), Fla....
CopyCited 12 times | Published | Florida 4th District Court of Appeal | 1996 WL 577393
exception to Blockburger, or to the application of section
775.021(4), Florida Statutes, in all circumstances
CopyCited 12 times | Published | Supreme Court of Florida | 1996 WL 580315
one criminal episode." See §
775.021(4)(b), Fla. Stat. (1991). Section
775.021(4) is a codification of the
CopyCited 12 times | Published | Florida 3rd District Court of Appeal | 1995 WL 353512
accordingly, there is no double jeopardy bar under Section
775.021(4)(a), Florida Statutes (1993), as interpreted
CopyCited 12 times | Published | Florida 2nd District Court of Appeal | 2003 WL 2002765
...Crist, Jr., Attorney General, Tallahassee, and Katherine V. Blanco, Assistant Attorney General, Tampa, for Appellee. ALTENBERND, Chief Judge. Everett Ward Milks appeals an order designating him a sexual predator pursuant to the Florida Sexual Predators Act (the Act), section 775.21, Florida Statutes (2000)....
...Mr. Milks entered a no contest plea to a charge of lewd and lascivious molestation and was sentenced to six and one-half years' imprisonment. Approximately four months later, the State sought to have Mr. Milks designated a sexual predator pursuant to section 775.21....
...to establish whether he or she was dangerous, as that fact was not material under the statute. Id. at 1164. The reporting requirements of Florida's act, like Connecticut's, are determined solely by a defendant's conviction for a specified crime. See § 775.21....
CopyCited 12 times | Published | Florida 5th District Court of Appeal
included in the other for the purposes of section
775.021(4), since on each count the State was required
CopyCited 12 times | Published | Florida 5th District Court of Appeal
continuous course of events. He contends that Section
775.021, Florida Statutes (1979)[1] requires there
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
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
CopyCited 12 times | Published | Florida 2nd District Court of Appeal
separate sentences for each offense, we look to section
775.021(4), Florida Statutes (1977), which provides:
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
CopyCited 12 times | Published | Florida 2nd District Court of Appeal | 2003 WL 1785916
...Defense counsel did not respond to the claim that he misadvised Gunn regarding registration as a sexual predator. The trial court denied Gunn's request to withdraw his plea and proceeded to sentence him in accordance with the plea agreement. The trial court declared Gunn to be a sexual predator pursuant to section 775.21, Florida Statutes (1999)....
CopyCited 12 times | Published | Florida 5th District Court of Appeal | 1989 WL 41186
at 678. That intent is clearly set forth in section
775.021(4)(b), Florida Statutes (Supp. 1988). Utilizing
CopyCited 12 times | Published | Florida 4th District Court of Appeal | 1992 WL 63110
argues that the amendment of Florida Statute Section
775.021(4) modified the applicable law. That amendment
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
CopyCited 11 times | Published | Florida 4th District Court of Appeal | 2003 WL 22082192
...Under the Act, the sentencing court must make a written finding at the time of sentencing that a defendant who has been convicted of a capital, life, or first-degree felony violation, or any attempt thereof where the victim is a minor and the defendant is not the victim's parent, is a sexual predator. §§ 775.21(4)(a)(1) and (5)(a)(1), Fla. Stat. (2001). A person who has been designated a sexual predator must register with the Department of Law Enforcement for the duration of his or her life. § 775.21(6), Fla....
...luding that due process did not entitle the offender to a hearing to establish that he was no longer dangerous to society because that fact was irrelevant where registration turns on an offender's conviction alone. Such is the case in Florida, where section 775.21(3)(d) states: The 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....
...patent public purpose of the Act is a sufficiently compelling state interest justifying such an intrusion on privacy. See Jackson v. State,
833 So.2d 243 (Fla. 4th DCA 2002). Here, the legislature has expressly articulated the purpose of the Act in section
775.21(3), recognizing: (a) Repeat sexual offenders, sexual offenders who use physical violence, and sexual offenders who prey on children are sexual predators who present an extreme threat to the public safety....
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
CopyCited 11 times | Published | Florida 4th District Court of Appeal | 1996 WL 332908
robbery, of which appellant was also convicted. See §
775.021(4)(b)1 Fla. Stat. (1995); Sirmons v. State, 634
CopyCited 11 times | Published | Florida 1st District Court of Appeal | 1994 WL 47131
are required because of the provisions of section
775.021, Florida Statutes (Supp. 1988). In the first
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
CopyCited 10 times | Published | Florida 4th District Court of Appeal | 1994 WL 539190
start with the proposition that pursuant to section
775.021(4), Florida Statutes (1989), a trial court
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
CopyCited 10 times | Published | Supreme Court of Florida
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
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
CopyCited 10 times | Published | Florida 4th District Court of Appeal | 2000 WL 873331
...force or injury. He was sentenced on August 24, 1995 to eight years in prison followed by eight years of probation. There was no direct appeal. On March 11, 1999, the trial court issued an order finding appellant to be a sexual predator pursuant to section 775.21(4)(a), Florida Statutes (1999)....
...cate, as justice and fairness supported the withdrawal of the plea in that case, where the defendant had entered the plea to avoid publicity, and then had publicity thrust upon him. See id. at 1235. KLEIN, STEVENSON and GROSS, JJ., concur. NOTES [1] Section 775.21(4)(a), Florida Statutes (1999), applies to offenses committed on or after October 1, 1993, and before October 1, 1995. That subsection provides that an offender who is found to be a sexual predator must register as such in accordance with subsection 775.21(6) and is subject to community and public notification requirements in accordance with subsection 775.21(7)....
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
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
CopyCited 10 times | Published | Florida 4th District Court of Appeal | 2001 WL 1575734
...However, where an accused is convicted of false imprisonment under sections
787.02(1)(a) and/or (b) and it is clear that the predicate crime is totally devoid of a sexual component, such rational basis is lost. In Robinson v. State,
804 So.2d 451, (Fla. 4th DCA 2001), we held that section
775.21, Florida's Sexual Predators Act, was unconstitutionally overinclusive as applied to Robinson, because it proscribed offenses that were not sexual in nature....
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
CopyCited 9 times | Published | Florida 5th District Court of Appeal | 1998 WL 654083
subsumed by the offense of home invasion robbery. In §
775.021(4)(b), Fla. Stat. (1997),[1] the legislature expressed
CopyCited 9 times | Published | Florida 3rd District Court of Appeal | 1999 WL 743518
...Before NESBITT, FLETCHER, and SHEVIN, JJ. NESBITT, J. Bertram Patrick Oce appeals the denial of his 3.850 motion to have his plea set aside. He asserts the trial court and his counsel failed to inform him of the consequences of a designation as a sexual predator under section 775.21, Florida Statutes (Supp.1996)....
...or battery while armed, burglary with an assault, robbery, false imprisonment, aggravated stalking, and two counts of battery. [1] At trial, Oce pleaded nolo contendere, and pursuant to that plea, Oce was adjudicated guilty of the offenses charged. Section 775.21(5)(a)2 provides in part: When the court makes a written finding that an offender is a sexual predator, the court shall inform the sexual predator of the registration and community and public notification requirements described in this section....
...This court as well as our sister courts have on a number of occasions concluded that the consequences of being designated a sexual predator are collateral consequences. See Benitez v. State,
667 So.2d 476 (Fla. 3d DCA 1996)(held that the provisions of sections
775.21-.23, Florida Statutes (1993), were a "collateral consequence of the plea which was not required to be covered in the plea colloquy"); see also LaMonica v....
...2d DCA 1998)(concluding sexual predator designation was a collateral consequence of the guilty plea); State v. Fox,
659 So.2d 1324, 1327 (Fla. 3d DCA 1995)(concluding a trial judge is required to inform a defendant only of the direct consequences of his plea). Post Benitez, the legislature added the provision of section
775.21 at issue, See Laws 1996, c....
...d community and public notification requirements. This, however, does not change the character of the consequences of that designation, which are still clearly collateral. On this basis, we conclude that the trial court's error in not complying with section 775.21(5) should have been brought to the trial court's attention by an objection in order to preserve the issue for appellate review....
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...e a qualifying offense for sexual predator status only after the person was sentenced. The First District Court of Appeal concluded that all the statutory consequences of sexual predator designation, including the lifetime employment restrictions in section 775.21(10)(b), Florida Statutes (2000), could be imposed under these circumstances without a hearing on the defendant's future dangerousness....
...[1] We have jurisdiction pursuant to article V, section (3)(b)(4) of the Florida Constitution, which governs certified questions. [2] *944 We also have jurisdiction pursuant to article V, section (3)(b)(3) of the Florida Constitution because the district court expressly declared section 775.21(10)(b) constitutional as applied....
...See Metro. Dade County Transit Auth. v. State Dep't of Highway Safety & Motor Vehicles,
283 So.2d 99, 101 (Fla.1973) (refraining from deciding constitutional issues in case where decision "turns on matters of statutory construction"). We conclude that section
775.21, Florida Statutes (2000), does not authorize imposition of a sexual predator designation on a defendant based on a predicate offense that did not qualify the defendant for sexual predator status at the time of sentencing....
...een days, which was suspended. [3] The offenses to which Therrien pled nolo contendere did not qualify him as a sexual predator under the Florida Sexual Predators Act (FSPA) either when the offenses were committed or when Therrien was sentenced. See § 775.21(4)(c), Fla....
...to commit a capital-, life-, or first-degree-felony violation of chapter 794, making attempted sexual battery by a person under eighteen on a person under *945 twelve an FSPA-qualifying offense. See ch. 98-81, § 3, at 591, Laws of Fla., codified at §
775.21(4)(c)(1)(b), Fla. Stat. (Supp.1998). Another amendment made any violation of section
800.04 a qualifying offense for the FSPA. See ch. 2000-207, § 1, at 2052-53, Laws of Fla., codified at §
775.21(4)(a), Fla....
...in an exemplary manner and does not pose the threat for which the Florida Sexual Predator's Act was enacted." [4] The trial court granted the State's request and issued an order designating Therrien a sexual predator. Pursuant to the requirements of section 775.21, the order required Therrien to register with the Department of Corrections, report to the Department of Highway Safety and Motor Vehicles to obtain a new photo identification, and notify the State within 48 hours of any change of address....
...See Holly v. Auld,
450 So.2d 217, 219 (Fla.1984). Therrien was declared a sexual predator based on his convictions of crimes defined by Florida law. The provisions of the FSPA governing offenders such as Therrien concern sentencing for a "current offense." Section
775.21(4)(a), Florida Statutes (2000), provides that "[f]or a current offense committed on or after October 1, *946 1993, upon conviction, an offender shall be designated as a `sexual predator' under subsection (5)" if the felony is one of a number of specified crimes. Section
775.21(5)(a), Florida Statutes (2000), provides, in pertinent part: (5) SEXUAL PREDATOR DESIGNATION....
...tors at the time of sentencing. See § 775.23(3), Fla. Stat. (1993). In revamping the FSPA in 1996, the Legislature repealed sections 775.22 and 775.23. See ch. 96-388, § 62, at 2375, Laws of Fla. In place of these statutes, the Legislature rewrote section 775.21 to provide for trial court designation of those registered as sexual predators under the previous version of the law, those offenders who qualify via out-of-state convictions, and those Florida offenders who qualify for sexual predator designation at the time they are sentenced for a current offense. See § 775.21(4)-(5), Fla....
...[6] The offender's duty to register regardless of any trial court designation, contained in former section 775.22(2), was eliminated. Under the 1996 amendment, and continuing up to the present, the duty to register is triggered solely by the trial court's finding that the offender is a sexual predator. See § 775.21(4)(c)(2), Fla. Stat. (2004) ("If the court makes a written finding that the offender is a sexual predator, the offender ... must register or be registered *947 as a sexual predator ...."); § 775.21(5)(c), Fla....
...ith the department as a sexual predator."). For offenders who had not been administratively designated as sexual predators under the previous version of the FSPA and who did not qualify for sexual predator status because of out-of-state convictions, section 775.21(5)(a)(1), Florida Statutes (2000), made the offender's sentencing proceeding the point at which sexual predator eligibility is determined....
...fter October 1, 1993, in order to qualify for designation as a sexual predator. Thus, offenders whose crimes did not bring them within the sexual predator criteria in effect when they were sentenced cannot be declared sexual predators at sentencing. Section 775.21(5)(c) contains a "second chance" clause applicable to persons who could have been but were not declared sexual predators at sentencing: If the Department of Corrections, the [D]epartment [of Law Enforcement], or any other law enforceme...
...exual predator. The Department of Corrections, the department, or any other law enforcement agency shall not administratively designate an offender as a sexual predator without a written finding from the court that the offender is a sexual predator. § 775.21(5)(c), Fla....
...Curtin,
764 So.2d 645, 647 (Fla. 1st DCA 2000) (concluding, in case in which defendant met criteria for designation at sentencing, that "the statute provides for the state to petition the court to make such a finding" after sentencing). The limitation of section
775.21(5)(c) to instances in which "the court did not make a written finding that the offender is a sexual predator as required in paragraph (a)" concerns situations in which the designation was overlooked at sentencing, or the State learns after sentencing that the offender qualified for the designation....
...pecific reference was intended to be omitted or excluded."). In addition, in providing that no offender shall be administratively designated a sexual predator or required to register as a sexual predator without a written finding by the trial court, section 775.21(5)(c) clearly makes the determination that an offender is a sexual predator exclusively the province of the trial court....
...ation requirement independent of a trial court finding, the offender must meet the sexual predator criteria at the time of sentencing in order to be so designated. Adhering to principles of statutory construction, we conclude that the Legislature in section 775.21(5)(a) has expressly made the date of sentencing for crimes subject to the FSPA the point at which eligibility for sexual predator status is to be determined for offenders who do not otherwise qualify for the sexual predator designation....
...Nonetheless, Therrien preserved the statutory construction argument for our review, and we resolve the case on this basis. When Therrien appeared before the trial court for sentencing in August 1997 on offenses committed in November 1996, he did not meet the sexual predator criteria in section 775.21(4)(c), Florida Statutes (Supp.1996)....
...may acquire jurisdiction to make a sexual predator designation. Nor has he been declared a sexually violent predator in this or any other jurisdiction, another potential basis for sexual predator designation under a 2004 amendment to the FSPA. See §§ 775.21(4)(d), 775.21(5)(a)(1), Fla....
...(2004), as amended by ch. 2004-371, § 1, at 2784, Laws of Fla. The offenses for which Therrien was convicted were brought within the sexual predator criteria in legislation enacted in 1998 and 2000. Before, during, and after Therrien's sentencing proceeding, section 775.21(5)(a), Florida Statutes (Supp.1996), defined a sexual predator as "[a]n offender who meets the sexual predator criteria in paragraph (4)(c) who is before the court for sentencing for a current offense committed on or after October 1, 1...
...istration requirements in addition to the employment restrictions identified in the certified question, on an offender who, under the law in effect at the time of sentencing, did not qualify as a sexual predator. Because we have concluded that under section 775.21(5)(a)(1), Florida Statutes (2000), Therrien has been erroneously designated a sexual predator for offenses which, at the time of sentencing, did not meet the statutory criteria under section 775.21(4), Florida Statutes (Supp.1996), we quash the First District decision affirming the trial court's order imposing sexual predator status, and remand for proceedings not inconsistent with this opinion. It is so ordered. WELLS, ANSTEAD, LEWIS, QUINCE, CANTERO, and BELL, JJ., concur. NOTES [1] The following question was certified: Whether the retroactive application of the permanent employment restrictions of section 775.21(10)(b), Florida Statutes (2000), to a defendant convicted and qualified as a sexual predator, without a separate hearing on whether such defendant constitutes a danger or threat to public safety, violates procedural due process....
...[4] Section
948.04(3), Florida Statutes (2004), authorizes early termination of probation if the offender has not violated any terms of probation and has met all financial sanctions. [5] The provisions concerning sentencing for current offenses originally enacted in section
775.21(4)(a), (b), and (c), Florida Statutes (Supp.1996), which also contained the tiered system subsequently abandoned, are now combined in section
775.21(4)(a), Florida Statutes (2004). The provision originally enacted in section
775.21(5)(a)(1), Florida Statutes (Supp.1996), is now codified at section
775.21(5)(a)(2), Florida Statutes (2004). [6] A 2004 amendment additionally provides for trial court designation as a sexual predator under section
775.21 of anyone determined to be a "sexually violent predator" in a civil commitment proceeding....
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
CopyCited 9 times | Published | Florida 1st District Court of Appeal
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were committed after the effective date of section
775.021, Florida Statutes (1988), the statute, as amended
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included offenses from the requirement of section
775.021(4), Florida Statutes (1979), that a separate
CopyCited 9 times | Published | Florida 3rd District Court of Appeal | 1995 WL 119083
section
812.133(2)(a), Florida Statutes (1993). See §
775.021, Fla. Stat. (1993). Compare Sirmons v. State,
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:
CopyCited 9 times | Published | Florida 5th District Court of Appeal | 2003 WL 21511315
...ad at least three prior sex convictions involving children and that at least one of these convictions was an out-of-state conviction. The State then sought to amend its information to allege that Erickson qualified as a "sexual predator" pursuant to section
775.21(5)(d), Florida Statutes (2002), which includes those offenders who had been designated or could be designated as a sexual predator or offender in another state, and were required to register pursuant to section
943.0435. The State pointed out that if a person is a sexual predator pursuant to section
775.21(5)(d), there is no qualifying date....
...Then, after receiving copies of documents pertaining to Erickson's criminal history in other states, the State sought pre-trial to amend its information to charge Erickson with the failure to comply with the registration requirements of section
943.0435, Florida Statutes (2002), which pursuant to section
775.21(5)(d) required him to register as a sexual predator. Section
775.21(5)(d) includes those offenders who had been designated or could be designated as a sexual predator or offender in another state, and are required to register pursuant to the requirements of section
943.0435....
...The State's proposed amendment to its information would have only caused the information to read correctly based on the particular facts of Erickson's case. Whether Erickson qualified as a sexual offender under section
943.0435 as originally charged or as a sexual predator under section
775.21, he would have still been required to abide by the registration requirements of section
943.0435. Accordingly, Erickson could not have been prejudiced by the proposed amendment. Indeed, at the continued hearing on the matter, Erickson was prepared to argue why he did not come under provisions of section
775.21, the added statute violation referred to in the State's amended information....
...to amend its information. The order dismissing the information is vacated and remanded for further proceedings to include allowance of the amendment of the information by the State. REVERSED and REMANDED. ORFINGER and MONACO, JJ., concur. NOTES [1] Section 775.21, Florida Statutes (2002) ("The Florida Sexual Predators Act"), provides the process and criteria for designating persons convicted of various sex offenses as sexual predators and requires those so designated be subject to certain registration and community notification requirements. One criterion for those who offended in the state of Florida is that the qualifying sex offense was committed on or after a date specified in the statute. See § 775.21(4)(a), Fla....
...5th DCA 1997) (ex post facto clause not violated when persons are designated as sexual predators under Florida Sexual Predators Act since this was neither a sentence nor a punishment, but was simply a status resulting from conviction of certain sex crimes). We call to the Legislature's attention that if section 775.21, Florida Statutes (2002), remains the way it is written with a qualifying offense date ("offense committed on or after October 1, 1993"), then, despite the case law in this area holding that the ex post facto clause does not apply to t...
...The purpose of the Act to protect the public from repeat sex offenders, sex offenders who use violence, and those who prey on childrenis not met by excusing those offenders whose past convictions would qualify them for registration requirements of the Act but for the date in which their offense(s) had been committed. See § 775.21(3), Fla....
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
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crimes occurred after the effective date of section
775.021, Florida Statutes (Supp. 1988), is it improper
CopyCited 9 times | Published | Florida 1st District Court of Appeal | 1999 WL 89933
is subject *791 to differing constructions, section
775.021(1), Florida Statutes (1997), requires that
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contraband is seized as part of the same search. §
775.021(4), Fla. Stat. (2005); Jackson v. State, 418 So
CopyCited 9 times | Published | Florida 5th District Court of Appeal | 1990 WL 37488
based on legislative intent as expressed in section
775.021(4)(b). To reach this conclusion, however, it
CopyCited 9 times | Published | Florida 4th District Court of Appeal | 1991 WL 44997
State v. Jackson,
526 So.2d 58 (Fla. 1988); section
775.021(1), Florida Statutes, we hold that section
CopyCited 9 times | Published | Florida 4th District Court of Appeal | 1991 WL 58523
1985). But in light of certain amendments to section
775.021, Fla. Stat. (Supp. 1988) this court reversed
CopyCited 9 times | Published | Florida 5th District Court of Appeal | 12 Fla. L. Weekly 1065
the opinion the passage of the amendment to section
775.021(4), Florida Statutes (1983), which incorporated
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elements" test was codified in Florida under section
775.021(4), Florida Statutes (1977). See also Borges
CopyCited 8 times | Published | Florida 2nd District Court of Appeal | 2000 WL 1595953
...Coblentz received sentences totaling 102.15 months' prison, followed by 1 year of community control and 5 years' probation. He does not contest these sentences. Apparently, the trial court also declared that Mr. Coblentz was a sexual predator pursuant to section 775.21(4)(c), Florida Statutes (1997). We assume from our record that the trial court made this separate "written finding" at the sentencing hearing. See § 775.21(5)(a)(1), Fla....
...624,
142 L.Ed.2d 563 (1998). It is not clear to us that he had a right to court-appointed counsel to pursue an appeal of this civil finding. Mr. Coblentz claims that he does not qualify as a sexual predator. His convictions are second-degree felonies. Under section
775.21(4)(c) he would qualify as a sexual predator only if he had a prior conviction for an enumerated crime....
CopyCited 8 times | Published | Florida 1st District Court of Appeal
served consecutively. Reference to the text of Section
775.021(4), Florida Statutes, is required in order
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
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
CopyCited 8 times | Published | Florida 5th District Court of Appeal | 2001 WL 314524
...alifies under both statutes. Accordingly, we find no error in Mendez's classification and sentences as both an habitual offender and a prison releasee reoffender. Finally, Mendez argues that he was improperly designated a sexual predator pursuant to section 775.21, Florida Statutes (1997)....
...He contends that he does not meet the criteria necessary to be designated a sexual predator. On the record before us, we cannot determine whether Mendez qualifies as a sexual predator or not. Accordingly, on remand, the court shall determine if Mendez qualifies as a *751 sexual predator pursuant to section
775.21(4), Florida Statutes (2000) or if he must comply with the registration requirements imposed on sexual offenders pursuant to section
943.0435, Florida Statutes (2000)....
CopyCited 8 times | Published | Florida 4th District Court of Appeal | 2000 WL 294691
...agencies to post information about sexual predators on the Internet, are regulatory and procedural in nature and do not violate the ex post facto clause. See Rickman v. State,
714 So.2d 538, 539 (Fla. 5th DCA 1998). Because the Sexual Predator Act, section
775.21 of the Florida Statutes, is similar to the sexual offender statutes at issue in the present case, we conclude based on Rickman that no ex post facto violation occurred because the second prong of the test has not been met....
CopyCited 8 times | Published | Florida 5th District Court of Appeal
evinced a contrary intent by the enactment of section
775.021(4), Florida Statutes (1983). Moreover, if the
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
CopyCited 7 times | Published | Florida 5th District Court of Appeal | 1988 WL 91788
law now because the legislature has amended section
775.021(4) to permit multiple convictions for crimes
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 1997 WL 655969
...Butterworth, Attorney General, Tallahassee, and Jean-Jacques Darius, Assistant Attorney General, Tampa, for Appellee. FULMER, Judge. The defendant, Thomas Downs, Jr., challenges the trial court's order designating him a sexual predator pursuant to section 775.21, Florida Statutes (Supp.1996). We dismiss this appeal as untimely. However, we write to explain our dismissal and to clarify the procedures for appeals taken from orders entered pursuant to section 775.21....
...Florida Rule of Appellate Procedure *790 9.140(b)(1)(C) provides that a defendant may appeal "orders entered after final judgment or finding of guilt, including orders revoking or modifying probation or community control, or both." We conclude that orders entered pursuant to section 775.21 are encompassed by this rule....
CopyCited 7 times | Published | Florida 1st District Court of Appeal | 1990 WL 61943
its progeny been superseded by statute see §
775.021(4), Fla. Stat. (Supp. 1988), and Clark v. State
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
CopyCited 7 times | Published | Florida 5th District Court of Appeal
was abrogated effective October 1, 1976, by section
775.021(4), Fla. Stat. (1981). However, illegal sentences
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 1998 WL 210767
...Whiting's guidelines scoresheet indicates Whiting's lack of a prior criminal history as an additional reason for the downward departure. Upon sentencing, a written finding was entered, declaring Whiting to be a sexual predator under section 775.23(2), Florida Statutes (1995) and/or section 775.21, Florida Statutes (Supp.1996)....
CopyCited 7 times | Published | Florida 5th District Court of Appeal | 1992 WL 41471
1107. Based on these facts and pursuant to section
775.021(4)(b)(3), the court concluded that the battery
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"sexual predator" or "sexual offender" under section
775.021 or
943.0435, Florida Statutes (1999).[1] Appellant's
CopyCited 7 times | Published | Florida 4th District Court of Appeal | 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
CopyCited 7 times | Published | Florida 4th District Court of Appeal | 1998 WL 422555
...llant. Robert A. Butterworth, Attorney General, Tallahassee, and Sarah B. Mayer, Assistant Attorney General, West Palm Beach, for appellee. PER CURIAM. David C. Walker appeals a post-sentencing order declaring him to be a sexual predator pursuant to section 775.21, Florida Statutes (Supp.1996)....
...Several months after Walker was sentenced the state filed a second notice of its intent to have Walker declared a sexual predator. In opposition to the motion, Walker argued that because he was not declared a sexual predator at the time of sentencing, the 1996 amendment to section
775.21 allowed the state attorney to bring the issue to the court's attention only if Walker was improperly registered as a sexual predator by the Department of Corrections, the Department of Law Enforcement, or another law enforcement agency. The trial court granted the state's motion and this appeal followed. We affirm the order designating Walker a sexual predator, rejecting Walker's contention section
775.21 is penal in nature and must be construed in favor of the defendant. 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....
CopyCited 7 times | Published | Florida 1st District Court of Appeal | 1998 WL 390560
provision most favorably to the accused. See §
775.021(1), Fla.Stat. (1995). The conviction on the charge
CopyCited 7 times | Published | Florida 5th District Court of Appeal | 1989 WL 1041
one time into an occupied vehicle. We agree. Section
775.021(4), Florida Statutes (1987) provides: (4) Whoever
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for double jeopardy, which is codified in section
775.021(4), Florida Statutes (1993).[4] As to the restitution
CopyCited 7 times | Published | Florida 4th District Court of Appeal | 2008 Fla. App. LEXIS 19373, 2008 WL 5352103
...In 2003, Grosso was initially placed on probation for unlawful sexual activity involving a victim fifteen years of age or younger while Grosso was eighteen years of age or older. Because Grosso failed to report to the Broward County Sheriff's Office during the month of his birthday in June 2006 and register as required by section 775.21(8)(a), Florida Statutes, Grosso was charged with Failure of a Sexual Predator to Report....
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susceptible of different interpretations, section
775.021, Florida Statutes, our lenity statute, requires
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).
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In 1974, the Florida Legislature created section
775.021, Florida Statutes, which provided the rules
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...Respondent entered a plea of guilty [1] to the first degree felony of sexual battery on a physically helpless victim, a violation of section
794.011(4)(a), Florida Statutes (1997), which was committed on August 23, 1997. Subsequently, the state filed a motion to declare respondent a sexual predator under section
775.21, Florida Statutes, which the lower court denied. The state argues that because respondent met the statutory criteria for designation as a sexual predator, the court was required to enter the finding. Respondent counters that under the legislative intent statement in section
775.21(3)(a) [2] , the sexual predator designation is limited to violent or repeat offenders and those who commit sex crimes against children and that the facts of respondent's offense demonstrate that respondent did not fall within these categories. Section
775.21, Florida Statutes (1997) ("The Florida Sexual Predators Act"), provides the process and criteria for designating persons convicted of various designated crimes as sexual predators and requires those so designated be subject to certain registration and community notification requirements. See §
775.21(3), Fla. Stat. *647 Section
775.21(5)(a) provides that "[a]n offender who meets the sexual predator criteria described in paragraph (4)(c) who is before the court for sentencing for an offense committed on or after October 1, 1996, is a sexual predator, and the sentenci...
...court must make a written finding at the time of sentencing that the offender is a sexual predator." If, as in this case, the designation is not made at sentencing, the statute provides for the state to petition the court to make such a finding. See § 775.21(5)(b), Fla. Stat. The statutory provision at issue, section 775.21(4)(c) (emphasis added), contains the criteria for the sexual predator designation as follows: For a current offense committed on or after October 1, 1996, upon conviction, an offender shall be designated as a "sexual predator" under su...
...or first degree felony violation of chapter 794 or section
847.0145 that would provide a court with discretion to find, based on the specific facts of the case, that one of these offenses cannot serve as a basis for the sexual predator designation. Section
775.21(4)(c) requires the court to make a finding of sexual predator status in the instant case because respondent was convicted of committing a first degree felony violation of chapter 794 and the offense was committed on or after October 1, 1996....
...an order containing the requisite finding. MINER and WOLF, JJ., CONCUR; PADOVANO, J., CONCURS WITH OPINION. PADOVANO, J., concurring. I join in the decision in all respects but write to point out that the Florida courts have yet to determine whether section 775.21(5)(a), Florida Statutes is an unconstitutional encroachment on powers vested in the judiciary....
...This statute does not violate the separation of powers clause because it allows the trial judge discretion to determine whether the declaration is necessary for the protection of the public. See State v. Meyers,
708 So.2d 661 (Fla. 3d DCA 1998). In contrast, section
775.21(5)(a) allows no room for the exercise of judgment....
...he separation of powers issue had been presented in this case. I have raised the issue here not merely to identify a potential problem, but also to suggest how the problem might be avoided by a simple change in the statute. As this case illustrates, section 775.21(5)(a) 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)....
...In that event, the declaration that a person is a sexual predator could be made administratively by the Department of Corrections. NOTES [1] Respondent alleges that this is a scrivener's error on the judgment and that respondent's plea was nolo contendere. [2] Section 775.21(3)(a) (1997) provided as follows: 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....
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our Florida Supreme Court recently held that section
775.021(4)[7] only applies to necessarily lesser included
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 11 Fla. L. Weekly 2015
abrogated the single transaction rule by enacting section
775.021(4), Florida Statutes (1977), which authorized
CopyCited 6 times | Published | Florida 1st District Court of Appeal | 1992 WL 312849
the two crimes cannot be separate. Accord Section
775.021(4)(b)(3), Florida Statutes (1989), excluding
CopyCited 6 times | Published | Florida 5th District Court of Appeal | 1990 WL 71772
the offenses are combined in one scoresheet. §
775.021(4), Fla. Stat. (1987). However, the total sentence
CopyCited 6 times | Published | Florida 1st District Court of Appeal | 1998 WL 251475
conviction and the aggravated battery convictions. Section
775.021(4)(a) and (b), Florida Statutes, provide: (4)(a)
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 1998 WL 250752
should be interpreted favorably to the accused. §
775.021(1), Fla. Stat. (1995). The problem with appellant's
CopyCited 6 times | Published | Florida 1st District Court of Appeal | 1992 WL 102438
worthless check charges requires us to apply section
775.021(4), Florida Statutes (1989), which provides:
CopyCited 6 times | Published | Florida 3rd District Court of Appeal | 2002 WL 341982
...tor's presence by publishing a notice in a newspaper for several consecutive weeks. See § 775.225(2)(b), Fla. Stat. (1995). The level of dissemination under the 1997 statute included notification statewide, as well as placement on the Internet. See § 775.21(7), Fla....
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88-131(7), Laws of Florida (1988), amending section
775.021(4), Florida Statutes (1987), is without merit
CopyCited 6 times | Published | Florida 2nd District Court of Appeal
further modified by Section
775.021, Florida Statutes (1977). We hold that Section
775.021 applies to the
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 2003 WL 21749010
...to determine whether he was a danger to the public before being subject to the statutory requirements. After the parties filed their briefs, this court in Milks v. State,
848 So.2d 1167 (Fla. 2d DCA 2003), held that the Florida Sexual Predators Act, section
775.21, Florida Statutes (2000), does not violate procedural due process and declined to follow Espindola v....
CopyCited 6 times | Published | Florida 4th District Court of Appeal
abrogated the single transaction rule. Florida Statute
775.021(4) (1977). The record does not support
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
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 1997 WL 67953
without violating double jeopardy prohibitions. Section
775.021, Florida Statutes (1993), sets out the rules
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
CopyCited 6 times | Published | Florida 5th District Court of Appeal | 1990 WL 199164
should apply the rule of lenity set out in section
775.021, Florida Statutes (1988) and construe the provision
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 1999 WL 1076801
are bound to do under our rule of lenity, section
775.021(1), Florida Statutes, we conclude that there
CopyCited 6 times | Published | Florida 1st District Court of Appeal | 1990 WL 115530
C.J., and BARFIELD, J., concur. NOTES [1] Section
775.021(4), Florida Statutes (Supp. 1988), overrode
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 1999 WL 586967
outlined above is Aiken's sole issue on appeal. Section
775.021(4)(b), Florida Statutes (1995), states that
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
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 1999 WL 641853
to the crime of attempted sexual battery. See §
775.021(1), Fla. Stat. (1997). The fifth district reached
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 1999 WL 641796
Lauderdale,
675 So.2d 696, 698 (Fla. 4th DCA 1996); §
775.021(1), Fla. Stat. (1997). When the legislature defines
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 5 times | Published | Florida 5th District Court of Appeal | 1996 WL 501435
card arising out of a single act is improper. §
775.021(4), Fla. Stat. (1993). Legislative intent governs
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
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:
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 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 | Florida 4th District Court of Appeal | 2003 WL 22336133
...ccusatory statements. IV. The Florida Sexual Predators Act is unconstitutional. This court is unpersuaded by appellant's contentions on issues I [1] , II and III. On issue IV, this court has recently determined that the Florida Sexual Predators Act, section 775.21, Florida Statutes, is constitutional....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 1991 WL 65936
as did the second district, referring to section
775.021(4), Florida Statutes (Supp. 1988), that: "Nothing
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 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 4th District Court of Appeal | 1999 WL 123568
to differing constructions. That being so, section
775.021(1)[3] requires us to construe section
775.082(8)
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 1998 WL 281293
So.2d 492 (Fla. 5th DCA 1991) (holding that section
775.021(4)(b), Florida Statutes (1989), barred concurrent
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 1995 WL 376690
accusatory pleading or the proof adduced at trial." §
775.021(4)(a), Fla. Stat. See Brown v. State, 617 So.2d
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
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 2007 WL 1688034
P. v. State,
682 So.2d 79, 81 (Fla.1996)). Section
775.021(4)(b)(3), Florida Statutes, prohibits multiple
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
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 2004 WL 19487
...03-1321,
859 So.2d 514,
2003 WL 22884299 (Nov. 19, 2003); see also Reyes v. State,
854 So.2d 816 (Fla. 4th DCA 2003). In doing so, we certify conflict with Espindola v. State,
855 So.2d 1281 (Fla. 3d DCA 2003) (holding Florida Sexual Predator's Act, section
775.21, Florida Statutes (2000), to be unconstitutional as violating procedural due process)....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 1996 WL 14050
the court resorted to our lenity statute, section
775.021(1), Florida Statutes (Supp. 1988) and held
CopyCited 5 times | Published | Florida 1st District Court of Appeal
has enacted the single transaction statute, Section
775.021(4), Florida Statutes (Supp. 1976), which provides:
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 2007 WL 4547164
...Miller was required to register in West Virginia, he was subject to this subparagraph of the statute when he remained in Florida for more than five days. See §
943.0435(1)(c), Fla. Stat. (2006) (stating that "[p]ermanent residence' and `temporary residence' have the same meaning ascribed in s.
775.21"); §
775.21(2)(f) & (g), Fla....
...5th DCA 2006) (citing Moore in support of conclusion that registration requirement of section
943.0435 is constitutional); Hanson v. State,
905 So.2d 1036 (Fla. 5th DCA 2005) (adopting and applying the federal court's substantive due process analysis in Moore to the Sexual Predator Act, section
775.21)....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 1988 WL 138547
Blockburger[1] double jeopardy test, codified in section
775.021(4), Florida Statutes (1987), for determining
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 1995 WL 743567
State v. Smith,
547 So.2d 613 (Fla.1989), and section
775.021(4)(a), Florida Statutes. We stated, With respect
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
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 1991 WL 44970
effective date of the statutory amendment to section
775.021(4), Fla. Stat. (Supp. 1988), and therefore
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 2005 WL 957061
Huggins,
802 So.2d 276 (Fla. 2001). Applying section
775.021(1), Florida Statutes (1997), the supreme court
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 1989 WL 103994
This test has been codified since 1983 in section
775.021(4), Florida Statutes (emphasis added): Whoever
CopyCited 4 times | Published | Florida 3rd District Court of Appeal
lesser included of aggravated assault). Since section
775.021(4), Florida Statutes (1981), precludes the
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
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 1995 WL 552377
statute in a manner most favorable to the accused. §
775.021(1), Fla. Stat. (1993); Perkins v. State, 576 So
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 1995 WL 516437
County Jail facility following his arrest. Section
775.021(4), Florida Statutes (1993) provides: (a) Whoever
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 1989 WL 114249
88-131, section 7, Laws of Florida amending section
775.021(4), Florida Statutes (1987) clarifying its
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 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 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
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 1999 WL 776086
reject the greater charge. And, because of section
775.021(4)(b)3, Florida Statutes, a conviction of the
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 1995 WL 653546
considered separate for double jeopardy purposes. See §
775.021(4)(a), Fla. Stat. (1993); State v. Smith, 547
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 1998 WL 827758
language with the words "a motor vehicle." Section
775.021(4)(a), Florida Statutes (1995), precludes multiple
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 1999 WL 992683
...Colley was already registered as a sex offender in California. In 1997, after a change in the law required the FDLE to remove names from its sexual predator list, the State filed a motion seeking a sexual predator designation for Mr. Colley pursuant to section 775.21(4)(a)(2)(b), Florida Statutes (Supp. 1996). Without stating any reasons, the trial court entered an order denying this motion. This order is the subject of this proceeding. Section 775.21, Florida Statutes (Supp....
...he order at issue. This section relied on repealed sections 775.22 and 775.23 to define the predicate offenses necessary to classify an offender as a sexual predator for offenses committed on or after October 1, 1993, and before October 1, 1995. See § 775.21(4), Fla....
...Colley pleaded, not the exact statutory analysis necessary to arrive at the degree level for the offense. [1] When the State requested the trial court designate Mr. Colley as a sexual predator in 1997, the trial court had jurisdiction to do so pursuant to section 775.21(4)(a)(2), Florida Statutes (Supp.1996)....
...Accordingly, we quash the trial court's order and remand, directing the court to enter an order designating Mr. Colley a sexual predator. [2] Finally, the State argues that Mr. Colley should be subject to the community and public notification requirements of current section 775.21(4)(a), Florida Statutes (Supp.1998)....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 2003 WL 22768356
...Peppler of Vernis & Bowling of Northwest Florida, Pensacola, for Appellant. Charlie Crist, Attorney General, and Thomas H. Duffy, Assistant Attorney General, Tallahassee, for Appellee. *586 BOOTH, J. This cause arises from an appeal of a post-judgment order designating Appellant as a sexual predator pursuant to section 775.21, Florida Statutes (2000), as amended effective October 1, 1998....
...employment restrictions. Thus, "sexual predators" must register with the Florida Department of Law Enforcement within 48 hours of being released from a correctional or treatment facility and within 48 hours of entering a county to take up residence. § 775.21(6), Fla. Stat. (2000). The Florida Act also requires that local law enforcement agencies notify the public of each registered sexual predator's name, appearance, address, and certain details of the offense, including whether the victim was a minor. § 775.21(7), Fla. Stat. (2000). Finally, the Florida Act prohibits certain sexual predators from obtaining employment that affords access to children. § 775.21(10)(b), Fla....
...r information. The Court held that the Act was nonpunitive and did not violate the Ex Post Facto Clause. Smith, supra, at 1152. In the instant case, Appellant's conviction is the only material fact necessary for the imposition of the requirements of section 775.21....
...triction for sexual predators is a conviction involving minors. Therefore, in the present case, the only material fact for imposition of the employment restrictions is Appellant's conviction of an offense involving a minor. Accordingly, we hold that section 775.21 does not violate Appellant's rights to procedural due process under the state or federal constitutions....
...ities is presumed to apply prospectively. The presumption does not apply, however, where, as here, the Legislature has clearly stated an intent that the Act apply retroactively. See Hassen v. State Farm Mut. Auto. Ins. Co.,
674 So.2d 106 (Fla.1996). Section
775.21(4), Florida Statutes (2000), provides that the Act applies to offenses "committed on or after October 1, 1993." Once the statute shows a clear intent for retroactive application, the second inquiry is "whether retroactive application is constitutionally permissible." Metropolitan Dade County v. Chase Fed. Hous. Corp.,
737 So.2d 494, 499 (Fla.1999). We hold that the retroactive application of section
775.21 is constitutionally permissible because the statute does not violate the procedural due process clauses of the state and federal constitutions. [3] Connecticut, supra; Smith, supra . Therefore, the trial court did not err in applying section
775.21(4), as amended, to Appellant. We affirm Appellant's remaining arguments on appeal without further discussion. We certify the following question as a question of great importance: *588 WHETHER THE RETROACTIVE APPLICATION OF THE PERMANENT EMPLOYMENT RESTRICTIONS OF SECTION
775.21(10)(b), FLORIDA STATUTES (2000), TO A DEFENDANT CONVICTED AND QUALIFIED AS A SEXUAL PREDATOR, WITHOUT A SEPARATE HEARING ON WHETHER SUCH DEFENDANT CONSTITUTES A DANGER OR THREAT TO PUBLIC SAFETY, VIOLATES PROCEDURAL DUE PROCESS....
...tion or as a volunteer, at any business, school, day care center, park, playground, or other place where children regularly congregate" precludes appellant's working in all occupations that involve interaction with children, and in many that do not. § 775.21(10)(b), Fla....
...This presumption does not arise here, however, because the Legislature made clear its intention that the Act apply retrospectively (albeit only after appellant committed his offenses) when it made the Act applicable to offenses occurring "on or after October 1, 1993." § 775.21(4)(a), Fla....
...The trial court withheld adjudication of guilt on each count and imposed concurrent five-year probationary sentences with a suspended county jail sentence of eleven months and fifteen days. On October 6, 2000, the State filed a motion seeking to qualify Appellant as a sexual predator pursuant to section 775.21, as amended on October 1, 1998. [2] Appellant was convicted of the qualifying offenses for purposes of the Florida Act; section § 775.21(2)(c), Florida Statutes (2000) defines conviction as "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." [3] In his supplemental repl...
...Any second degree or greater felony violation of chapter 794, [or] s.
800.04... and the offender has previously been convicted of or found to have committed, or has pled nolo contendere or guilty to, regardless of adjudication, any violation of s.
794.011(2) ... [or] s.
800.04.... §
775.21(4)(c), Fla....
...October 1, 1996, viz.: "An attempt to commit a capital, life, or first-degree felony violation of chapter 794, where the victim is a minor, or a violation of a similar law of another jurisdiction." Ch. 98-81, § 3, at 591, Laws of Fla. (codified as § 775.21(4)(c)1.b., Fla....
...787.02, where the victim is a minor and the defendant is not the victim's parent, or of chapter 794, s.
800.04, or s.
847.0145, or a violation of a similar law of another jurisdiction; or b. Any felony violation, or any attempt thereof, of ... s.
800.04. ... §
775.21(4)(a), Fla....
...(2000) (emphasis supplied). By the time appellant was designated a sexual predator, the amended statute made each of his alleged offenses (retroactively) qualifying. [5] The Legislature amended the original Act in 1996, Ch. 96-388, § 61, at 2368, Laws of Fla. (codified at § 775.21(3)(b)5., Fla....
...are center, park, playground, or other place where children regularly congregate, commits a felony of the third degree, punishable as provided in s.
775.082, s.
775.083, or s.
775.084. Ch. 96-388, § 61, at 2374, Laws of Fla. (originally codified at §
775.21(9)(b), Fla. Stat. (Supp.1996), now codified at §
775.21(10)(b), Fla....
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
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2007 WL 1544120
either double jeopardy or section
775.021(4)(b)(3)." Id. at 859. Section
775.021(4)(b), Florida Statutes
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 | Florida 3rd District Court of Appeal
State v. Hegstrom,
401 So.2d 1343 (Fla. 1981); section
775.021(4), Florida Statutes (1979). Consistent with
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"
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 11 Fla. L. Weekly 1147
Accordingly, the state argues that under section
775.021(4), Florida Statutes (1983), (one who commits
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 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 4th District Court of Appeal | 1997 WL 90827
address the history of that statement of intent. Section
775.021 contains a general statement of legislative
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 2010 Fla. App. LEXIS 4191, 2010 WL 1222737
...Bill McCollum, Attorney General, and Lunar Claire Alvey, Assistant Attorney General, for appellee. Before SHEPHERD and SALTER, JJ., and SCHWARTZ, Senior Judge. SALTER, J. Desiderio Cuevas appeals from a final order designating him a sexual predator under section 775.21, Florida Statutes (2006)....
...He was sentenced to a term of 56 months of incarceration, but he was not designated as a sexual predator in a written finding at the time of the sentencing. Cuevas concedes that the convictions qualified him for designation as a sexual predator under the criteria established in section 775.21(4)(a)....
...The State Attorney replied that Cuevas did qualify and then filed a motion to designate him a sexual predator. In the interim, Cuevas was released. The State's motion was then set for hearing. The trial court granted the State's motion, and this appeal followed. We have previously determined that section 775.21 is "regulatory and procedural in nature," such that the provision does not violate the ex post facto clause or impermissibly modify a criminal sentence or punishment....
...designation if it overlooks that right and duty at sentencing? *292 Cuevas and the dissent apply a strict and inflexible interpretive analysis that might be considered if the question involved the reach of a statute imposing a criminal penalty. But section 775.21 is not such a statute, as we held in Gonzalez....
...ritten sexual predator finding at the time of sentencing is a waiver of the right to make the finding in the future. Cuevas and the dissent read such an intention into the fact that two specific categories of "overlooked" defendants are described in section 775.21(5)(c), but we disagree with that inference. A careful reading of the special language applicable to the two categories (section 775.21(5)(a)1....
...years earlier. Cuevas did not raise, and therefore we do not consider here, facts or issues relating to the doctrine of laches or to any statute of limitations. Finally, the extensive legislative findings, purpose, and intent (expressly written into section 775.21(3)) also support our analysis....
...SCHWARTZ, Senior Judge, concurs. SHEPHERD J., dissenting. The issue in this case is whether the State of Florida can haul a sexual predator back into court, after he has completed his entire sentence, to declare him a sexual predator as defined by section 775.21(4)(a) of the Florida Sexual Predators Act (2006), [4] in the absence of a statutory recapture provision....
..., *293 §
800.04(5), Fla. Stat. (2000), and lewd and lascivious conduct on a child under sixteen years of age, §
800.04(6), Fla. Stat. (2000). It is agreed that Cuevas is a sexual predator within the meaning of the Florida Sexual Predators Act. See §
775.21(4)(a), Fla. Stat. (2006). The Act requires that for such individuals, the trial court "must make a written finding at the time of sentencing that the offender is a sexual offender." See §
775.21(5)(a)2, Fla....
...qualify as a sexual predator." In the interim, on September 6, 2006, Cuevas completed his sentence and was released. Nevertheless, the State continued to press the matter, and on December 15, 2006, the court entered the statutory order prescribed by section 775.21(5)(a)2 over Cuevas' objection....
...However, the State argues a fair reading of the statute reveals "the legislature intended to create a mechanism" to do so, which it submits is sufficient. As support for its argument, the State cites two separate subsections of the Act. The first section, 775.21(4)(c), authorizes the recapture of "an offender [who] has been registered as a sexual predator by the Department of Corrections, the [D]epartment [of Law Enforcement] or any other law enforcement agency ......
...It is undisputed Cuevas was never registered as a sexual predator pursuant to the Act. [6] In *294 fact, he was released without any judicial consideration concerning whether he should be designated a "sexual predator," a clearly defined status within the meaning of the Florida Sexual Predators Act. See § 775.21(4)(a). The other section of the Act upon which the State seeks affirmance of the trial court's action in this case is subsection 775.21(5)(c)....
...If the state attorney fails to establish that an offender meets the sexual predator criteria and the court does not make a written finding that the offender is a sexual predator, the offender is not required to register with the department as a sexual predator. § 775.21(5)(c) (emphasis added)....
...ivilly committed under the Jimmy Ryce Act, §
394.910, Fla. Stat. (2000), and subparagraph (a)3 pertains to persons who have committed a similar violation in another jurisdiction. By its terms, this subsection does not include offenders described in section
775.21(a)2, the category in which Cuevas falls....
...It was that year the Legislature redefined the (a)1 offenders subject to post-sentencing designation *295 as those falling under the Jimmy Ryce Act, and moved the Cuevas category of offenders, whose designation must be made at the time of sentencing, into subparagraph (a)(2) of the Sexual Predators Act. See § 775.21(5)(a)1, Fla....
...The amendment expressly deleted "offenders described in ... subparagraph (a)(2)" from the recapture portion of the statute. See S. Crim. Just. Comm. Rep. 2444-307, Reg. Sess. (Fla.2004). This was then and remains today the Cuevas category of offenders. See § 775.21(5)(a)2....
...It is not for us to judicially amend the Act. It may be that this unimpeachably obvious action of the State Legislature was improvident or unwise. However, we must apply the law we have, not the law we wish we had. I would reverse the order on appeal. NOTES [1] § 775.21(5)(a)2, Fla. Stat. (2006). [2] Section 775.21(4)(a) imposes a mandatory duty ("an offender shall be designated ..."). [3] In the case of Section 775.21(5)(a)1., a sexually violent predator under Section 775.21(4)(d), one of the three enumerated state offices must notify the state attorney who prosecuted the offense....
...of that new county. In the case of a person like Cuevas, indisputably qualified to be designated a sexual predator but not designated at sentencing as the Legislature directed, no special notifications or interjurisdictional rules are required, and Section 775.21(5)(c) then specifies (without limitation) that the "state attorney shall bring the matter to the court's attention in order to establish that the offender meets the sexual predator criteria." [4] The State has at all timeshere and belowproceeded on the strength of the Florida Sexual Predators Act of 2006....
...Because there is no ex post facto consequence to the application of the 2006 version of the Act to the facts of this case, see Gonzalez v. State,
808 So.2d 1265 (Fla. 3d DCA 2002), I accede to the parties' choice of governing statute in this analysis. [5] Section
775.21(5)(a)2 reads in full as follows: An offender who meets the sexual predator criteria described in paragraph (4)(a) who is before the court for sentencing for a current offense committed on or after October 1, 1993, is a sexual predator,...
...lawfully "registered" under the Florida Sexual Predators Act in the absence of an order declaring him a sexual predator within the meaning of the Act, unless, perhaps, the offender elects to voluntarily register himself. In seeming contradiction to section 775.21(4)(c) of the Act, section 775.21(5)(c) states, "The Department of Corrections, the department, or any other law enforcement agency shall not administratively designate an offender as a sexual predator without a written finding from the court that the offender is a sexual predator." (Emphasis added.) Furthermore, the provisions requiring self-registration appear to apply only to "an offender designated as a `sexual predator' under subsection (5)"i.e., an offender for whom a written order is in existence. See § 775.21(5)(a)3, Fla....
CopyCited 4 times | Published | Supreme Court of Florida | 37 Fla. L. Weekly Supp. 244, 2012 Fla. LEXIS 624, 2012 WL 1033484
...ard criminal jury instructions pertaining to the offenses of failure to register by sexual predators (instructions 11.15 and 11.15(a)-11.15(1)). The Committee requests that the Court amend these instructions in light of recent legislative changes to section
775.21, Florida Statutes (2011), The Florida Sexual Predators Act, and section
943.0435, Florida Statutes (2011), which *1091 requires that sexual offenders register with the sheriffs office....
...“temporary residence” and “permanent residence” added as needed pursuant to chapter 2010-92, section 2, Laws of Florida. The Court also adds the definitions for “convicted” as set out in section
943.0435(l)(b) and “conviction” under section
775.21(2)(e). Moreover, section
943.0435(l)(c) expressly provides that “temporary residence” and “transient residence” shall have the same definitions as those provided in section
775.21, which was amended by the Florida Legislature in 2010....
...physical residential address.” Although the Legislature recognized that the offender or predator may live in a “transient” residence — i.e., one which includes but is not limited to a location without a specific street address — sections
775.21 and
943.0435 still include the following language: “A post office box shall not be provided in lieu of a physical residential address.” See §§
775.21(6)(a)l.; gd&odss^Q))....
...Comment This instruction was adopted in 2008 [
983 So.2d 531 ] and d revised in 2012. 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....
...Lesser Included Offenses No lesser included offenses have been identified for this offense. Comment This instruction was adopted in 2008 [
983 So.2d 531 ] and revised in 2012. 11.15(b) FAILURE TO REGISTER AS A SEXUAL PREDATOR (Failure to Comply with Registration Requirements) §
775.21(6)(a)l, Fla....
...se. Comment This instruction was adopted in 2008 [
983 So.2d 531 ] and revised in 2012. 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)l.a., Fla....
...ffense. *1102 Comment This instruction was adopted in 2008 [
983 So.2d 531 ] and revised in 2012. 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)l.b., Fla....
...Lesser Included Offenses No lesser included offenses have been identified for this offense. Comment This instruction was adopted in 2008 [
983 So.2d 531 ] and revised in 2012. *1103 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 [
983 So.2d 531 ] and revised in 2012. *1104 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....
...Lesser Included Offenses No lesser included offenses have been identified for this offense. Comment This instruction was adopted in 2008 [
983 So.2d 531 ] and revised in 2012, 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....
...Lesser Included Offenses No lesser included offenses have been identified for this offense. Comment This instruction was adopted in 2008 [
983 So.2d 531 ] and revised in 2012. 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 [
983 So.2d 531 ] and revised in 2012. 11.15(i) FAILURE TO REGISTER AS A SEXUAL PREDATOR (Failure to Report Intent to Move to Another State or Jurisdiction) §
775.21(6)0), Fla....
...*1107 Lesser Included Offenses No lesser included offenses have been identified for this offense. Comment This instruction was adopted in 2008 [
983 So.2d 531 ] and revised in 2012. 11.15a) FAILURE TO REGISTER AS A SEXUAL PREDATOR (Failure to Report Intent to Remain within the State or Jurisdiction) §
775.21(6)(j), Fla....
...Lesser Included Offenses No lesser included offenses have been identified for this offense. Comment This instruction was adopted in 2008 [
983 So.2d 531 ] and revised in 2012. 11.15(k) FAILURE TO REGISTER AS A SEX PREDATOR (Failure to Register Quarterly) §
775.21(8)(a), Fla....
...See instruction 11.15(1) for the applicable definitions. Lesser Included Offenses No lesser included offenses have been identified for this offense. Comment This instruction was adopted in 2008 [
983 So.2d 531 ] and revised in 2012. 11.15(Z) Sexual Predator Definitions §
775.21(2) and (4), Fla....
...“Convicted” means there has been a determination of guilt as a result of a trial or the entry of a plea of guilty or nolo contendere, regardless of whether adjudication is withheld. (Note to Judge: For military, federal and out of state convictions, see § 775.21(2) (e), Fla....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 1992 WL 57168
illegal. The court went on to state: Although section
775.021(4) directs that a trial judge may order separate
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
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2006 WL 708574
...Otis Butler pled guilty to sexual battery on a person less than twelve years of age by a person eighteen years of age or older. Butler was sentenced to fifteen years in prison plus ten years' probation for the offense. After sentencing, the state moved to declare Butler a sexual predator pursuant to section 775.21, Florida Statutes (2002)....
...ss. The trial court denied his motion and declared Butler a sexual predator. He appeals, again challenging the facial constitutionality of the statute. We affirm, holding the statute constitutional on the grounds raised by Butler. Butler argues that section 775.21 is unconstitutional because it violates his substantive due process rights....
...He claims that the sexual predator designation will also affect his liberty interests by negatively impacting his ability to find housing and employment. The Florida Sexual Predators Act enumerates certain offenses and mandates that a person convicted of any such offense be designated a "sexual predator." See § 775.21(4)(a)(1), Fla. Stat. (2002) (sexual predator criteria); § 775.21(5), Fla. Stat. (designation procedure). Before designating an offender as a "sexual predator," the sole determination to be made by the trial court is whether that person has a requisite criminal conviction. See § 775.21(5)(a)(1), Fla....
...If a person has been convicted of any qualifying offense, the court must designate the offender as a "sexual predator," and he or she is subject to the Act's requirements. Once an offender has been designated a "sexual predator," the registration and public notification requirements of the Act are triggered. See § 775.21(6) & (7), Fla....
...An offender who is not in custody must, within forty-eight hours of establishing temporary or permanent residence in Florida, register with the Department of Law Enforcement or, alternatively, the sheriff's office, and with the Department of Highway Safety and Motor Vehicles. See § 775.21(6)(a), (e), & (f), Fla. Stat. The definition of "temporary residence" includes any place where the sexual predator may reside for a period of four or more days in any month. See *568 § 775.21(2)(g), Fla....
...Upon registration, an offender must provide his or her name, age, race, sex, date of birth, height, weight, hair and eye color, a photograph, address of legal residence, address of any current temporary residence, "a brief description of the crime or crimes committed by the offender," and genetic material. See § 775.21(6)(a)1. & 2., Fla. Stat. If an offender plans to move out-of-state, he or she must inform the Department of Law Enforcement at least forty-eight hours before leaving. See § 775.21(6)(i), Fla. Stat. All of this registration information must be updated by the offender for the duration of his or her life. 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. Additionally, the Act 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....
...(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....
...statute, unlike the sexual offender statute, restricts the employment of persons designated as sexual predators by precluding them from working in a school, day care center, park, playground, ground, or any other place where children congregate. See § 775.21(10)(b), Fla....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 1988 WL 66082
the accused. The rule of lenity codified in section
775.021(1), Florida Statutes, is but one statutory
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2007 WL 1790749
v. State,
682 So.2d 79, 81 (Fla.1996)). In section
775.021(4)(b), Florida Statutes (2004), the legislature
CopyCited 4 times | Published | Florida 4th District Court of Appeal
Legislature in this area and the passage of Section
775.021(4), Florida Statutes (1977), has abrogated
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 2005 WL 1584020
...Phillips, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. Appellant challenges the statutory scheme that imposes burdens and restrictions upon him, such as registration and public notification, by virtue of his designation as a sexual predator. § 775.21, Fla....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 1998 WL 374772
...He appeals an order granting the state's motion to have him declared a sexual predator, arguing that it is unconstitutional as an ex post facto violation. We affirm. In Collie v. State,
710 So.2d 1000 (Fla. 2d DCA 1998), the second district went through the history of the Florida Sexual Predator's Act, codified at section
775.21-23, Florida Statutes (1993) and the changes made to the 1993 legislation in 1995 and 1996....
...ty and public notification provisions of the 1995 version of the statute. See also Collie,
710 So.2d at 1005. (offenders whose offenses occurred between October 1, 1993 and October 1, 1995 are not subject to community and public notification, citing section
775.21(4)(a), Florida Statutes (Supp.1996))....
...NOTES [1] The legislature again amended the statute in 1997, and it now provides for community and public notification "in a manner deemed appropriate by the sheriff or the chief of police," even for offenses committed between October 1, 1993 and October 1, 1995. § 775.21(4)(a) 1.
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
CopyCited 4 times | Published | Florida 1st District Court of Appeal
"lesser included" in the other for purposes of Section
775.021(4), Florida Statutes (1979), forbidding additional
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 1989 WL 5679
apparently in response to Carawan, amended section
775.021 by adding subsection (4)(b), which states that
CopyCited 4 times | Published | Court of Appeals for the Eleventh Circuit | 2013 WL 221459, 2013 U.S. App. LEXIS 1457
...custodial authority over the victim.
(n) The capital felony was committed by a criminal gang member, as defined in
[Fla. Stat. §]
874.03.
(o) The capital felony was committed by a person designated as a sexual predator
pursuant to [Fla. Stat. §]
775.21 or a person previously designated as a sexual
predator who had the sexual predator designation removed.
(p) The capital felony was committed by a person subject to an injunction issued
pursuant to [Fla....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 1998 WL 17424
Blockburger test has been codified in Florida at section
775.021(4), Florida Statutes (1993), which provides
CopyCited 4 times | Published | Florida 1st District Court of Appeal
and NIMMONS, JJ., concur. NOTES [1] Nor is Section
775.021(4), Florida Statutes (1981), controlling. It
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 1999 WL 69660
during single criminal episode or transaction, §
775.021(4), Fla. Stat., required separate sentences for
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 1994 WL 43842
not err in imposing consecutive sentences. See §
775.021(4)(a), Fla. Stat. (1991). The defendant's convictions
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
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
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
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 1998 WL 906741
double-jeopardy protections as codified under section
775.021(4)(b), Florida Statutes (1997). Specifically
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 1999 WL 1267224
are degrees of the same offense pursuant to section
775.021(4)(b)2, Florida Statutes (1989). See also Crittenden
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
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2001 WL 1635539
...ors) register with the Department of Highway Safety and Motor Vehicles when renewing their driver's license. Section
943.0435 by its express terms does not apply to sexual predators but provides that sexual predators must register in accordance with section
775.21, Florida Statutes (2000). §
943.0435(5). Sections
775.21(6)(e)-(f) and
943.0435(3), (4) impose the same registration requirements....
...[3] However, rather than a matter of *686 pleading sufficiency, we see this as an issue of proof and conclude that the court erred in revoking Jackson's probation based on his failure to register under either statute. The registration requirements for sexual predators in section
775.21(6)(e)-(f) are identical to those imposed for sexual offenders in section
943.0435(3), (4)....
...Both statutes require that offenders register with the Department of Highway Safety and Motor Vehicles upon renewing their driver's license. Because Jackson's license was not subject to renewal but was automatically reinstated after he paid the traffic fines, the registration requirements of section 775.21(6) were never triggered....
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
CopyCited 4 times | Published | Florida 1st District Court of Appeal
of cannabis and for the sale of cannabis. Section
775.021 provides in part: (1) The provisions of this
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
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
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)
CopyCited 3 times | Published | Supreme Court of Florida
for these two offenses were authorized by section
775.021(4), Florida Statutes (1977).[*] We further
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
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
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2010 WL 3783340
...) (emphasis added). The Florida Supreme Court's opinion in State v. J.M.,
824 So.2d 105 (Fla.2002), provides guidance for how to interpret the plain language of these provisions. In J.M., the court considered whether The Florida Sexual Predator Act, section
775.21, Florida Statutes (2000), permitted classification of juveniles as sexual predators....
...The Florida Sexual Predator Act ("the Predator Act") provided that " upon conviction, an offender shall be designated as a `sexual predator' ... if ... [t]he felony is [a] capital, life, or first-degree felony violating of ... chapter 794." Id. (quoting § 775.21(4)(a), Fla....
...(2000)) (emphasis added in J.M. ). The Predator Act defined "conviction" as "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." J.M.,
824 So.2d at 108 (quoting §
775.21(2)(c))....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 1996 WL 252248
greater offense and a lesser included offense. See §
775.021(4)(b), Fla.Stat. (1993). If defendant is entitled
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2005 WL 2373727
State, *66
682 So.2d 79, 81 (Fla.1996)). In section
775.021(4), the legislature has made plain its intent
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 1998 WL 718054
...On January 12, 1998, Clark filed a rule 3.850 motion collaterally attacking his conviction which raised various ineffective assistance of counsel claims. On January 28, 1998, the state attorney filed a "Notice of Intent to Declare Defendant a Sexual Predator," pursuant to section 775.21, Florida Statutes (1997). In April 1998, while Clark's 3.850 motion was pending in the trial court, a hearing on the State's sexual predator notice was held. The trial court determined that Clark met all of the relevant criteria of section 775.21 and entered an order finding him to be a sexual predator....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal
him separately on two of the convictions. Section
775.021(4), Florida Statutes (1981) permits separate
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 1998 WL 633806
the offenses are degrees of the same crime. See §
775.021(4)(b)(2), Fla. Stat. (1995). Moreover, the intended
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 1996 WL 577164
separately sentencing the defendant for each offense. §
775.021(4), Fla. Stat. (1993); State v. Smith, 547 So
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 1997 WL 633748
conviction for capital sexual battery[3]. Section
775.021(4), Florida Statutes (1995), codifies the Blockburger
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 1999 WL 790652
is susceptible of differing constructions, section
775.021(1) requires that we adopt the construction
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 1988 WL 101518
Reporter July 4, 1988 at 573) amending a part of section
775.021(4), Florida Statutes (purportedly to eliminate
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 1991 WL 216015
certain enumerated exceptions. §
775.021(4), Fla. Stat. (1989). Section
775.021(4), Florida Statutes (1989)
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 1997 Fla. App. LEXIS 12292, 1997 WL 683294
...Butterworth, Attorney General, Tallahassee, and Jeanine M. Germanowicz, Assistant Attorney General, West Palm Beach, for appellee. ORDER DENYING MOTION TO DISMISS APPEAL PER CURIAM. 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)....
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
CopyCited 3 times | Published | Supreme Court of Florida | 2013 Fla. LEXIS 1938, 2013 WL 1908384
...ntial address” may be a location that has no specific street address. These amendments are consistent with the relevant portions of section
943.0435, Florida Statutes (2012) (Sexual offenders required to register with the department; penalty), and section
775.21, Florida Statutes (2012) (The Florida Sexual Predators Act)....
...te in real time with another person using the Internet. Comment This instruction was adopted in 2008 [
983 So.2d 531 ] and revised in 2012 and 2013. 11.15(b) FAILURE TO REGISTER AS A SEXUAL PREDATOR (Failure to Comply with Registration Requirements) §
775.21(6)(a)l, Fla....
...Lesser Included Offenses No lesser included offenses have been identified for this offense. Comment This instruction was adopted in 2008 [
983 So.2d 531 ] and revised in 2012 and 2013. 11.15Ü) FAILURE TO REGISTER AS A SEXUAL PREDATOR (Failure to Report Intent to Move to Another State or Jurisdiction) §
775.21(6)0), Fla....
...Lesser Included Offenses No lesser included offenses have been identified for this offense. Comment This instruction was adopted in 2008 [
983 So.2d 531 ] and revised in 2012 and 2013. 11.15(k) FAILURE TO REGISTER AS A SEX PREDATOR (Failure to Register Quarterly) . §
775.21(8)(a), Fla....
...See instruction 11.15(1) for the applicable definitions. Lesser Included Offenses No lesser included offenses have been identified for this offense. Comment This instruction was adopted in 2008 [
983 So.2d 531 ] and revised in 2012 and 2013. 11.15(Z) SEXUAL PREDATOR DEFINITIONS §
775.21(2) and (4), Fla....
...“Convicted” means there has been a determination of guilt as a result of a trial or the entry of a plea of guilty or nolo contendere, regardless of whether adjudication is withheld. (Note to Judge: For militai’y, federal and out of state convictions, see § 775.21(2)(e), Fla....
CopyCited 3 times | Published | Florida 1st District Court of Appeal
(subsection (d) remains unaltered today); see also §
775.021(4)(a) & (b), Fla. Stat. (2019) (both subsections
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 1995 WL 321880
*1251 insurance claim. Accordingly, neither section
775.021(4), Florida Statutes, nor Thompson are applicable
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 1990 WL 68708
The Carawan analysis has been superseded by section
775.021(4), Florida Statute (Supp. 1988) for offenses
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,
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
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 2003 WL 21105340
...About two months later, the State filed a motion with the trial court requesting written findings that Nicholas is a sexual predator. The following day and without a hearing or notice to *827 Nicholas, the trial court executed a written order finding Nicholas to be a sexual predator. Section
775.21(4)(a)1, Florida Statutes (2001), provides that when the violation of §
800.04 is a second-degree felony, the defendant must have a previous conviction of certain enumerated offenses in order for the sexual predator designation to apply....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal
pounds of resin of cannabis with intent to sell. §
775.021(4), Fla. Stat. (1979); Ennis v. State, 364 So
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 2009 Fla. App. LEXIS 1931, 2009 WL 529431
...mandatory electronic monitoring. Section
948.30(3) provides, in pertinent part: Effective for a probationer or community controllee whose crime was committed on or after September 1, 2005, and who ... (b) Is designated a sexual predator pursuant to s.
775.21 ......
...Moreover, defendant was previously convicted of lewd and lascivious assault on a child, pursuant to Section
800.04, Florida Statutes, and of sexual battery on a helpless victim, pursuant to Section
794.011, Florida Statutes. As a result of these convictions, defendant was designated a sexual predator, pursuant to Section
775.21, Florida Statutes....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 2519, 2010 WL 711855
...not necessarily include a sexual component, such as false imprisonment, the State must also prove that there was a sexual component to the crime. Cf. State v. Robinson,
873 So.2d 1205, 1207 (Fla.2004) (holding that the Florida Sexual Predators Act, §
775.21 (Supp.1998), "which requires certain defendants to register as sexual predators....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2000 WL 309814
State,
477 So.2d 5, 5-6 (Fla. 1st DCA 1985). Section
775.021(4), Florida Statutes (1997), provides an essential
CopyCited 3 times | Published | Florida 3rd District Court of Appeal
There is, however, a state statutory bar under Section
775.021(4), Florida Statutes (1977), against sentencing
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 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 | Florida 2nd District Court of Appeal | 1989 WL 64522
offenses occurred prior to the amendment of section
775.021(4), Florida Statutes, in 1988. On remand, the
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 2015 Fla. App. LEXIS 11352
be construed most favorably to the accused.” §
775.021(1), Fla. Stat. (1981) (providing the rules of
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
CopyCited 3 times | Published | Court of Appeals for the Eleventh Circuit | 2017 WL 360510, 2017 U.S. App. LEXIS 1303
...jurisdiction in which the victim or apparent victim
of the sexual offense was less than sixteen (16) years
of age, excluding Section
794.011(10), Florida
Statutes.
(12) “Sexual predator” shall have the meaning ascribed
to such term in Section
775.21, Florida Statutes.
(13) “Temporary residence” means a place where the
person abides, lodges, or resides for a period of
fourteen (14) or more days in the aggregate during
any calendar year and which is not the person...
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
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2000 WL 201832
...Ferreri, Assistant Public Defender, Bartow, for Appellant. Robert A. Butterworth, Attorney General, Tallahassee, and Jenny S. Sieg, Assistant Attorney General, Tampa, for Appellee. PATTERSON, Chief Judge. Randall Payne appeals from the final order designating him to be a sexual predator pursuant to section 775.21(4)(c), Florida Statutes (1997)....
...No appeal was taken from this disposition. At a later hearing, the court determined Payne to be a sexual predator and entered an order classifying him as such. This appeal arises from that order. As a prerequisite to classification as a sexual predator, section
775.21(4) of the Florida Sexual Predators Act requires that the defendant have a "conviction" for a qualifying offense. Payne argues that because section 985.233(4)(b) provides that an adjudication of delinquency "shall not be deemed a conviction," he does not meet the Act's criteria. We disagree because of the unique nature of section
775.21. As we determined in Collie v. State,
710 So.2d 1000 (Fla. 2d DCA 1998), the provisions of section
775.21 are not a form of punishment, but rather a procedure to protect our children and the public at large from predatory sexual activity. To that end, we determine that Payne was "convicted" pursuant to section
775.21(4)(e) at the time he entered a plea of nolo contendere to adult charges of sexual battery. The fact that the trial court thereafter elected to treat Payne as a juvenile for sentencing purposes does not affect his status under section
775.21, which attached at the time of his plea....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 1989 WL 8337
proof of an element that the other does not. §
775.021(4), Fla. Stat. Aggravated assault with a firearm
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
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 1434, 2010 WL 481028
...llee. WEBSTER, J. Appellant seeks review of an order denying his motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a). In that motion, appellant complained that, at his sentencing, he had been designated a sexual predator pursuant to section 775.21, Florida Statutes (2002), although he did not qualify for such a designation, and that the designation was, therefore, illegal....
...could not agree to an illegal sentence. We disagree. Our supreme court has said that "a sexual predator designation is `neither a sentence nor a punishment but simply a status. . . .'" Saintelien v. State,
990 So.2d 494, 496 (Fla.2008) (quoting from section
775.21(3)(d), Florida Statutes (2003))....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 1989 WL 10932
advanced by the state that (1) the 1988 amendment to §
775.021, Florida Statutes, overruled Carawan v. State
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
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
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 1989 WL 99698
multiple convictions in this case violate section
775.021(4), Florida Statutes (1987) and Carawan v.
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2005 WL 1812800
...Jackson was sentenced to 15 years in prison on Count I, and life imprisonment on Count II, to be served concurrently with the sentence for Count I. These sentences were originally imposed on December 18, 2003. Thereafter, on January 7, 2004, the trial court nunc pro tunc declared Jackson a "sexual predator," pursuant to section 775.21, Florida Statutes (2000)....
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
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 1992 WL 200942
convictions arose out of the same criminal episode. Section
775.021(4), Fla. Stat. (Supp. 1988). See Marshall v
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 1989 WL 89670
Smith,
547 So.2d 613 (Fla. 1989). Although section
775.021(4), Florida Statutes (Supp. 1988)[1] would
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
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 5532, 2010 WL 1641488
...We reverse the restitution order on jurisdictional grounds and remand that issue. After adjudicating appellant guilty on August 14, 2008, the trial court sentenced appellant to life in prison without eligibility for parole. At the State's request, the court orally designated appellant a "sexual predator" under section 775.21, Florida Statutes (2008), without a contemporaneous *806 objection....
...4th DCA 2008). On the matter of "sexual predator" classification, appellant does not contend he is ineligible. Indeed, his conviction of a capital felony under chapter 794, Florida Statutes (2004), mandated his designation as a sexual predator. See § 775.21(4)(a)1., Fla....
...2d DCA 2009), a materially distinguishable case in which the State conceded error in the initial designation of Schardt as a sexual predator. "The 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." § 775.21(3)(d), Fla....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 1991 WL 63418
DAUKSCH and GRIFFIN, JJ., concur. NOTES [1] Section
775.021, Florida Statutes (1988) and not Carawan v
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 1989 WL 36260
double jeopardy. The post-Carawan amendment to section
775.021, Florida Statutes (1987), does not require
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2005 WL 2140152
...ration and public notification requirements of the Florida Sexual Offender Registration Act. See Hanson v. State,
905 So.2d 1036 (Fla. 5th DCA 2005)(adopting and applying the Moore court's substantive due process analysis to the Sexual Predator Act, section
775.21)....
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 2nd District Court of Appeal | 2002 WL 31306664
...hat Mr. Garcia might be eligible for a sexual predator designation. A hearing was held on October 18, 2001, in which Mr. Garcia was incorrectly designated as a sexual predator. Mr. Garcia appeals the order designating him as a sexual predator. Under section
775.21(4)(c)(1)(c), Florida Statutes (Supp.1998), where the violation of section
800.04(02) is a second-degree felony, in order for the sexual predator designation to apply, the defendant must have a previous conviction with or without an adjudication of certain enumerated offenses....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2005 WL 2513016
...Crist, Jr., Attorney General, Tallahassee, and Donna S. Koch, Assistant Attorney General, Tampa, for Appellee. FULMER, Chief Judge. Thomas William Hickey was convicted of lewd or lascivious molestation and subsequently designated a sexual predator by the trial court under section 775.21, Florida Statutes (2002). We reverse the trial court's order designating Hickey a sexual predator because Hickey does not meet any of the criteria for the sexual predator designation delineated in section 775.21(4)....
...Hickey was convicted of lewd or lascivious molestation at the second-degree-felony level pursuant to section
800.04(5)(c)(2), Florida Statutes (2002). A person convicted under section
800.04 must meet either of two criteria to be designated a sexual predator under section
775.21(4). The first criterion is that the offense must be a first-degree felony violation, or attempt thereof, of section
800.04. §
775.21(4)(a)(1)(a)....
...Hickey does not satisfy this criterion because his offense was a second-degree felony. Alternatively, the offense must be any felony violation, or attempt thereof, of section
800.04 and the offender must previously have been convicted of or pleaded to a violation of a crime specified in section
775.21(4)(a)(1)(b)....
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
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
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 | Florida 4th District Court of Appeal | 2001 WL 1359204
...ng and kidnapping a baby girl. It was undisputed that Robinson, in committing the crimes, had not engaged in any sexual act upon or in the presence of the child. We hold the statute as applied to Robinson is unconstitutional and, therefore, reverse. Section 775.21, Florida Statutes (Supp.1998), also known as the Florida Sexual Predators Act, provides, in pertinent part, (4) Sexual predator criteria. * * * * (c) ......
...: a. A capital, life, or first-degree felony violation of s.
787.01 or s.
787.02, where the victim is a minor and the defendant is not the victim's parent, or of chapter 794 or s.
847.0145, or a violation of a similar law of another jurisdiction.... §
775.21(4)(c)1, Fla....
...Dugan,
685 So.2d 1210, 1212 (Fla.1996)(holding that if "the language of the statute is clear and unambiguous, a court must derive legislative intent from the words used without involving rules of construction or speculating as to what the legislature intended"). Section
775.21(4)(c)1 expressly required the trial court to make a finding of sexual predator status in the instant case because Robinson was convicted of violating section
787.01 and because the baby was not his child. Robinson, nevertheless, argues section
775.21(4)(c)1 is unconstitutionally overinclusive, as it covers offenses that do *453 not involve nor require sexual contact. We agree. The section's broad definition of sexual predator does not pass the rational relationship test. The rational relationship test applies because section
775.21 is regulatory, not punitive, see Walker v....
...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 [1] and, thus, specifically targeting those defendants who commit crimes against children regardless of any sexual element....
...bsence of evidence of what occurred during the captivity. The civil sexual predator statute is plainly worded and is not ambiguous. It places all who violate sections
787.01 and .02 on *454 notice that, upon conviction, they will be classified under section
775.21....
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
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 | Florida 1st District Court of Appeal | 1988 WL 50142
arising out of a criminal transaction under section
775.021(4), Florida Statutes (1985).[1] We affirm.
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2000 WL 627657
...First, he contends the trial court improperly revoked his probation. After reviewing the record and supplemental record filed in this case, we conclude that the trial court acted properly and, accordingly, affirm the revocation. Second, Mr. Anderson contends that the Florida Sexual Predator Act, as codified at section
775.21(4), Florida Statutes (1997), does not apply to him because his underlying offense took place on September 24, 1991, before the statute's effective date. We agree. See Wade v. State,
728 So.2d 284 (Fla. 2d DCA 1999) (holding that the Florida Sexual Predator Act does not apply to offenses occurring before October 1, 1993, the act's effective date); §
775.21(4)(a), Fla....
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
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 1993 WL 152379
convictions arose out of the same criminal episode. §
775.021(4), Fla. Stat. (Supp. 1988). See Marshall v. State
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
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 1993 WL 62237
of imprisonment to run consecutively. Under Section
775.021(4)(a), Florida Statutes (1989), a defendant
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
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 1998 WL 106979
...He was sentenced to three concurrent 17 year sentences and the trial court entered final judgment of conviction the same day as the plea. Walk never appealed his conviction and sentence. Several years later, the state moved to have Walk declared a sexual predator pursuant to section 775.21(4), Florida Statutes....
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
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 | 2011 Fla. App. LEXIS 8146, 2011 WL 2161938
COHEN, J. The issue in this appeal is whether Kyle Warren Fike’s Michigan conviction qualifies as a “violation of a similar law of another jurisdiction” under section 775.21(4)(a)l.b., Florida Statutes (2009), such that he could be designated a sexual predator....
...After accepting the plea and sentencing him, the trial court designated Fike a sexual predator based on his prior Michigan conviction for assault with intent to commit criminal sexual conduct involving penetration, in violation of MCL 750.520g(l). 1 Sexual predator designation is governed by section 775.21(4)(a)l.b....
...While these decisions are persuasive, we do not find them to be binding because being designated a sexual predator does not implicate the same considerations or concerns involved in sentencing. Sexual predator designation is not a punishment, only a status. See § 775.21(d)....
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 | Florida 2nd District Court of Appeal | 2009 Fla. App. LEXIS 7465, 2009 WL 1636972
...as a sexual predator. As a result, he was required to register with the Florida Department of Law Enforcement and to periodically reregister by reporting in person to the sheriff's office in the county where he resided or was otherwise located. See § 775.21(8)(a), Fla. Stat. (2006). A sexual predator's failure to reregister constitutes a third-degree felony. § 775.21(10)(a)....
...instruction error. We have reviewed the trial transcript and conclude that Krampert has not established fundamental error as to this issue, and we do not address it further. Analysis The parties have not cited to any case directly addressing whether section 775.21 includes a knowledge requirement as an element of the offense of failing to reregister as a sexual predator....
...225, 229,
78 S.Ct. 240,
2 L.Ed.2d 228 (1957)); see also Newell v. State,
875 So.2d 747, 748 (Fla. 2d DCA 2004) (citing Giorgetti for the proposition "that section
943.0435 must be construed as including a knowledge requirement"). Similar to section
943.0435, section
775.21 does not express any intent to remove knowledge as an element and it punishes the failure to comply with the statute's registration requirements as a third-degree felony. §
775.21(10)(a). As Krampert argues and the State acknowledges, the reasoning in Giorgetti applies here and section
775.21 must be construed as including a knowledge element....
...is. Reversed and remanded for new trial. ALTENBERND and CASANUEVA, JJ., Concur. NOTES [1] The frequency of reregistration has since changed. Presently, a sexual predator must reregister during his or her birth month and every third month thereafter. § 775.21(8)(a), Fla. Stat. (2008). [2] Recently, the Florida Supreme Court approved standard jury instructions for failure to register or reregister as a sexual predator pursuant to section 775.21(8)(a)....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 8445, 2011 WL 2279021
...Pursuant to this statute, terminating parental rights is authorized when "the parent of a child is incarcerated in a state or federal correctional institution" and "[t]he incarcerated parent has been determined by the court to be ... a sexual predator as defined in s. 775.21." This statute is also known as the "Florida Sexual Predators Act," which is part of the Florida Criminal Code, and provides certain ramifications if a person is designated a sexual predator....
...aises the issue regarding which court makes that determination. As noted by the Florida Supreme Court in State v. Robinson,
873 So.2d 1205, 1213 (Fla.2004), "[t]he Act provides for a hearing before an individual is designated a sexual predator," and section
775.21(5) requires that the designation be made at a sentencing hearing....
...concluded that appellant's parental rights could be terminated under section
39.806(1)(d)2" because the court found the appellant was a sexual predator. Id. at 792. The Fourth District explained that the trial court based its determination on the provisions in Florida Statutes section
775.21(4)(a)1.b. Id. DCF conceded that this section was "not applicable because it requires prior convictions which do not exist in this case." Id. The court rejected, however, DCF's argument that the appellant met "the definition of a sexual predator found in section
775.21(4)(a)1.a.," and held that statute did not apply "because it requires a current conviction of a capital, life or first degree felony....
...a sexual predator is that section
39.806(1)(d)2, Florida Statutes (2001), on which DCF relies, provides that parental rights may be terminated when "[t]he incarcerated parent has been determined by the court to be ... a sexual predator as defined in s.
775.21." The term "sexual predator" as defined in section
775.21 is a legal classification which results from written findings made by the sentencing court in the criminal case. §
775.21(5), Fla. Stat. (2001). In the present case, appellant was not designated a sexual predator by the criminal court nor were any of the other procedures set forth in section
775.21 followed....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 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 | Florida 2nd District Court of Appeal | 1994 WL 236170
determinations. The Blockburger test, as codified in section
775.021(4), Florida Statutes (1991), provides that
CopyCited 2 times | Published | Supreme Court of Florida | 27 Fla. L. Weekly Supp. 621, 2002 Fla. LEXIS 1468
...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....
...ajdjudication 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 “[tjhere 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....
...f 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 contende-re, 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)l.a., Fla. Stat. (2000). Second, in eases 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)l.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 adjudi-' cations 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....
...les 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....
...ing pattern of offenses). Civil Disabilities We also note that section 985.233(4)(b) specifically states that adjudi *114 cations of delinquency should not “operate to impose any of the civil disabilities ordinarily resulting from a conviction.” Section 775.21(6)(£) 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, “[tjhere 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. . 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....
...The district court also noted that "[Tjhis 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. . 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.” . Section 775.21(6)(Z) 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 postconv...
...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)(Z), Fla....
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
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
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 3rd District Court of Appeal | 1991 WL 117
criminal episode). The state's reliance on section
775.021(4)(a), Florida Statutes (Supp. 1988), which
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 | Florida 5th District Court of Appeal
...ected 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. 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)....
...[9] The Sexual Predator statute unlike the Sexual Offender statute restricts the employment of a sexual predator by precluding them from employment or volunteer work in a school, day care center, park, playground, or any other place where children congregate. See § 775.21(10)(b), Fla....
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
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
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 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 4th District Court of Appeal | 1995 WL 608509
Under those circumstances our lenity statute, section
775.021(1), Florida Statues (1993), would require the
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 1998 WL 909803
...Some thirteen months after appellant was sentenced for attempted sexual battery of a child under twelve years of age, the trial court entered a written order declaring him to be a sexual predator and requiring him to comply with the registration requirements of section 775.22, Florida Statutes (1993). Pursuant to section 775.21(4)(a), Florida Statutes (Supp.1996), Florida Department of Law Enforcement (FDLE) is required to place a defendant's name on its list of sexual predators once a court makes a written finding that a defendant is a sexual predator....
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
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 | Florida 2nd District Court of Appeal | 1998 WL 518503
...Purcell, Jr., Tampa, for Appellant. Robert A. Butterworth, Attorney General, Tallahassee, and Deborah F. Hogge, Assistant Attorney General, Tampa, for Appellee. ALTENBERND, Judge. Dwayne Lamar Johnson appeals the trial court's order classifying him as a sexual predator pursuant to section 775.21-23, Florida Statutes (1993), the Sexual Predators Act ("Act")....
...ber 1, 1995, results in a sentence of life without possibility of parole. See, e.g., §
775.082(1), Fla. Stat. (1995). The express legislative intent of the Sexual Predators Act is to protect children from predators who are released from prison. See §
775.21(3)....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2004 WL 1836111
...for Appellant. Charlie Crist, Attorney General; Thomas H. Duffy, Assistant Attorney General, Tallahassee, for Appellee. BENTON, J. Michael Moore appeals the order designating him a sexual predator in accordance with the Florida Sexual Predators Act, section 775.21, Florida Statutes (2003)....
...of his state and federal *828 rights to substantive due process, as well as explicitly guaranteed under article I, section 23, of the Florida Constitution. The Act requires dissemination of certain information about sexual predators, to be sure. See § 775.21(7)(a), Fla....
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
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 1997 WL 162740
victim by cashing a forged check.... *1382 Section
775.021(4)(b) bars dual convictions under these statutes
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 1999 WL 212801
to the accused," citing our lenity statute, section
775.021(1), Florida Statutes, Perkins v. State, 576
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 1990 WL 52762
one of the three enumerated categories of section
775.021(4)(b). In Gordon, we discussed the elements
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
...fiers" within 48 hours after "using" them. Fla. Stat. §
943.0435 (4)(e) 1. An internet identifier is "any designation, moniker, screen name, username, or other name used for self-identification to send or receive social Internet communication." Id. §
775.21(2)(j) (incorporated into §
943.0435 by §
943.0435(1)(e) )....
...ary purpose is the facilitation of commercial transactions involving goods or services"; (2) "[c]ommunication on an Internet website [whose] primary purpose ... is the dissemination of news"; and (3) "[c]ommunication with a governmental entity." Id. §
775.21(2)(m) (incorporated into §
943.0435 by §
943.0435(1)(e) )....
...ovide information about themselves and are available publicly or to other users and that offers a mechanism for communication with other users, such as a forum, chat room, electronic mail, or instant messenger." Id. §
943.0437(1) (incorporated into §
775.21 by §
775.21(2)(m), which is in turn incorporated into §
943.0435 by §
943.0435(1)(e) )....
...web pages or profiles that provide information about themselves and are available publicly or to other users, and that offers a mechanism for communication with other users through a forum, a chatroom, electronic mail, or an instant messenger." Id. §
775.21(2)(m) (incorporated into §
943.0435 by §
943.0435(1)(e) )....
...First, while not explicit, the statutory language strongly supports the limitation. The statute defines an internet identifier as a "designation, moniker, screen name, username, or other name used for self-identification to send or receive social Internet communication. " Id. § 775.21(2)(j) (emphasis added)....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2008 WL 4753753
...tion, and lewd or lascivious conduct. He was sentenced to life imprisonment on the sexual battery charge and fifteen years on each of the two remaining counts, all running concurrent to each charge. He was also declared a sexual predator pursuant to section 775.21, Florida Statutes (2002)....
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
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 1997 WL 677988
must be construed favorably to the accused. See §
775.021(1), Fla.Stat. (1995). Additionally, any ambiguity
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
CopyCited 1 times | Published | Florida 1st District Court of Appeal
of development, who is carried in the womb.” §
775.021(5)(e), Fla. Stat. (2014). By contrast, the
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
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2007 WL 3375001
...l predators, as each met the qualifications for the predator designation, but the original sentencing court had incorrectly designated them as sexual offenders. The State further explained that (1) the sexual predator designation was mandatory under section 775.21(4)(c), Florida Statutes (1998), and (2) no hearing was required, as section 775.21(5)(c), Florida Statutes (1998), only requires the state attorney to bring the matter to the court's attention and does not require the trial court to conduct a hearing....
...The State concedes that the trial court should have notified Appellants it was again considering designating them as sexual predators, but argues that the court's lack of notice was harmless error because it was required to designate them as such pursuant to section 775.21(4)(c), Florida Statutes....
...el. Art. I, § 9, Fla. Const.; see generally State v. Robinson,
873 So.2d 1205, 1212 (Fla.2004) ("Procedural due process affords notice of a possible government deprivation and a meaningful opportunity to contest it, usually before it is imposed."). Section
775.21(5)(c) provides that if a state attorney receives correspondence from the Department of Corrections regarding a court's failure to enter a written order designating an offender as a sexual predator, the state attorney shall notify the c...
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
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2012 WL 1592172, 2012 Fla. App. LEXIS 7186
...e time he committed the instant offense, July 20, 1998, he had not yet been convicted of the lewd and lascivious batteries. Appellant’s claim is cognizable in a rule 3.800(a) motion. See Sain-telien v. State,
990 So.2d 494 (Fla.2008). According to section
775.21(4)(c)(l), Florida Statutes (1999), a person qualifies as a sexual predator if the felony is any second-degree or greater felony violation of chapter 794 (sexual activity with a minor is a second-degree felony violation of chapter 794) and the offender has previously been convicted of, or found to have committed, or has pled nolo contendere or guilty to, any violation of section
800.04 (lewd and lascivious battery/conduct/exhibition). Section
775.21(4)(d) states: 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 the current offe...
...As conceded by the State, this was error. In Carson v. State,
739 So.2d 653, 654 (Fla. 1st DCA 1999), this Court interpreted the habitual felony offender statute, section
775.084(5), Florida Statutes (1993), 1 which has operative language nearly identical to Section
775.21(4)(d), to mean that “in order for a prior offense to qualify as a predicate offense, the defendant must receive a sentence for the prior offense before committing the subject offense.” (emphasis added) We conclude that the same reasoning applies in interpreting section
775.21(4)(d)....
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 | Florida 2nd District Court of Appeal | 1990 WL 66198
subsumed into a charge of sale based upon section
775.021(4)(b)(3), Florida Statutes (Supp. 1988). I
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 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
EVANDER, C.J., Brian K. McKenzie appeals an order designating him as a sexual predator under section 775.21, Florida Statutes (2018)....
...Three years later, the State filed a notice with the trial court, requesting that McKenzie be designated a sexual predator. After a hearing, and over McKenzie's objection, the trial court entered an order designating McKenzie a sexual predator and ordering him to comply with the registration requirements set forth in section 775.21, Florida Statutes (2018)....
...Dep't of High. Saf. & Motor Veh. ,
87 So.3d 712 , 724 (Fla. 2012) ("[T]here is a judicially imposed requirement that a circuit court must abide by precedent from another district court of appeal if no precedent exists from its own district."). Section
775.21(4)(a), Florida Statutes, provides that a sexual offender who qualifies as a sexual predator "shall be designated as a 'sexual predator' ......
...and community and public notification." This provision means "that the trial court has no discretion to do otherwise." Kelly v. State ,
795 So.2d 135 , 136 (Fla. 5th DCA 2001). Furthermore, "the designation is neither a sentence nor a punishment." Id. at 138 . Although section
775.21(5)(a) 2....
...criminal case and over the defendant."). Accordingly, the State was required to argue an alternative jurisdictional basis to support the trial court's action below. As in Cuevas , the State argued that the trial court's jurisdiction was conferred by section 775.21(5)(c). Before addressing section 775.21(5)(c), it is first necessary to discuss section 775.21(5)(a). That statute references three types of proceedings in which a trial court is to designate an otherwise qualified offender to be a sexual predator. Subsection 775.21(5)(a)1. sets forth the procedure to be followed when an offender is determined to be a sexually violent predator pursuant to a civil commitment proceeding under Chapter 394. Subsection 775.21(5)(a)2. sets forth the procedure to be followed when an offender is before the court for sentencing. Subsection 775.21(5)(a)3....
...xual offense in another jurisdiction, but has established or maintained a permanent, temporary, or transient residence in Florida. McKenzie was an offender who should have been, but was not, designated as a sexual predator at the time of sentencing. § 775.21(5)(a) 2., Fla. Stat. (2009). Section 775.21(5)(c), the section relied upon by the State to confer jurisdiction, provides, in relevant part, as follows: If the Department of Corrections, the department, or any other law enforcement agency obtains information which indicates that...
...did not mean that the State could not seek a belated designation of an individual who had not been so designated at sentencing, notwithstanding the fact that the defendant had completed his sentence: A careful reading of the special language applicable to the two categories ( section 775.21(5)(a) 1....
..." posed by an individual who qualified as a sexual predator. Id. In his dissent, Judge Shepherd argued that based on its plain language, section (5)(c) did not provide a "recapture" provision for offenders described in subsection (5)(a)2. However, [ section 775.21(5)(c) ] ......
...ivilly committed under the Jimmy Ryce Act, §
394.910, Fla. Stat. (2000), and subparagraph (a)3 pertains to persons who have committed a similar violation in another jurisdiction. By its terms, this subsection does not include offenders described in section
775.21(a) 2, the category in which Cuevas falls....
...tatute should be interpreted in accordance with its plain language. Id. We agree with the rationale set forth in Judge Shepherd's dissent. As Judge Shepherd aptly noted, "we must apply the law we have, not the law we wish we had." Id. at 295 . Here, section 775.21(5)(c) did not grant authority to the trial court to belatedly designate McKenzie as a sexual predator....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2001 WL 434904
...Douglas Brinkmeyer, Assistant Public Defender, Tallahassee, for Appellant. Robert A. Butterworth, Attorney General, Elizabeth F. Duffy and Thomas H. Duffy, Assistant Attorneys General, Tallahassee, for Appellee. ERVIN, J. Appellant, J.M., a child, appeals an order declaring him a sexual predator under section 775.21, Florida Statutes (2000)....
...nd to do so by Payne v. State,
753 So.2d 129 (Fla. 2d DCA), review denied,
773 So.2d 56 (Fla. 2000). Payne was a juvenile who pled nolo contendere to four counts of sexual battery and was adjudicated delinquent and classified a sexual predator under section
775.21....
...On appeal, Payne contended that he could not be so classified because the sexual-predator act required a conviction, yet section 985.233(4)(b), Florida Statutes (1997), provided that an adjudication of delinquency "shall not be deemed a conviction." The Second District disagreed, citing "the unique nature of section
775.21." Payne,
753 So.2d at 130. The court observed that section
775.21 does not impose a punishment but instead provides a "procedure to protect our children and the public at large from predatory sexual activity." Id....
...instead shall adjudge the child to have committed a delinquent act. Adjudication of delinquency shall not be deemed a conviction, nor shall it operate to impose any of the civil disabilities ordinarily resulting from a conviction. (Emphasis added.) Section 775.21(4)(a), in contrast, provides that an offender shall be classified a sexual predator only "upon conviction" of a qualifying offense. Section 775.21(2)(c) defines "conviction" as "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." The state contends that if the legislature had...
...on of the law, it could have excluded them from this definition. On the contrary, such exclusion was unnecessary, because section 985.233(4)(b) already expressly stated that an adjudication of delinquency is not a conviction. There 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....
...adults and found to have violated the law. Accordingly, the provision in section 985.233(4)(b), excluding adjudications of delinquency from the definition of "conviction," takes precedence in a juvenile's case over the definition of "conviction" in section 775.21(2)(c), which generally applies to all sexual offenders....
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
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
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 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
CopyCited 1 times | Published | District Court of Appeal of Florida
364 So. 2d 497, 500 (Fla. 2d DCA 1978) (citing §
775.021(4), Fla. Stat. (1977)) (discussing category four
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 4th District Court of Appeal
So. 3d 1183, 1183 (Fla. 4th DCA 2012) (quoting §
775.021(4)(b)(1), Fla. Stat. (2016)). “For double jeopardy
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 24 Fla. L. Weekly Fed. D 1619
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
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 9873, 2010 WL 2679976
...Metaxotos appeals the denial of his rule 3.800(a) motion to correct illegal sentence. He concedes that every issue except one, his sexual predator designation, has been raised in previous 3.800 motions. He argues that he does not possess the requisite prior convictions as required by § 775.21, Fla....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2009 Fla. App. LEXIS 10481, 2009 WL 2341630
...a) and 3.850." King v. State,
911 So.2d 229, 234 (Fla. 2d DCA 2005). Additionally, Mr. Dennis's claim has merit. The State's felony information charged that Mr. Dennis committed his offenses between January 1, 1993, and February 28, 1994, inclusive. Section
775.21, Florida Statutes (2008), otherwise known as the Florida Sexual Predators Act, only authorizes the imposition of the sexual predator designation for offenses committed on or after the Act's effective date of October 1, 1993....
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
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2004 WL 1485952
...Leroy Johnson entered pleas of nolo contendere to sexual battery on a child, attempted sexual battery on a child, and sexual battery on a child by a person in familial or custodial authority. He now challenges the trial court's order declaring him to be a sexual predator, contending that the Florida Sexual Predators Act, section 775.21, Florida Statutes (2003), is unconstitutional as violating procedural due process....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 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 3rd District Court of Appeal | 2008 WL 2744337
...appellee. Before GERSTEN, C.J., and SHEPHERD and LAGOA, JJ. LAGOA, Judge. Appellant Julio Baez ("Baez") appeals from the trial court's order denying his Motion to Strike the State's Motion to Declare Defendant a Sexual Predator Offender pursuant to section 775.21, Florida Statutes (2007)....
...Baez pled guilty to four counts of sexual battery on a minor by an adult and pled guilty to two counts of lewd and lascivious molestation on a child under twelve. Prior to the sentencing hearing, the State filed a motion to declare defendant a sexual predator offender pursuant to section 775.21, Florida Statutes (2007). The trial court sentenced Baez to ten years in state prison, and also declared Baez a sexual predator pursuant to section 775.21....
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
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
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2007 WL 10029
...We recognize, as noted by the trial court, that adjudication as a sexual predator, alone, is sufficient support for termination. Section
39.806(1)(d)(2) allows termination of parental rights where the parent is incarcerated and has been determined by a court to be a sexual predator as defined in section
775.21, Florida Statutes....
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
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 1997 WL 66222
permissive lesser included offense of trafficking. See §
775.021(4)(b)(3). As to defendant's third point on appeal
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 4th District Court of Appeal
(1932)). The Blockburger test is set forth at section
775.021(4)(a), Florida Statutes (2002), which provides
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 | Florida 4th District Court of Appeal | 1998 WL 874918
court resorted to Florida's lenity statute, section
775.021(1), Florida Statutes (Supp.1988), and held
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 1999 WL 1191480
additional punishment and successive prosecution. Section
775.021(4), Florida Statutes (1988) codifies the Blockburger
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2006 WL 3589002
...elonies. §
800.04(7), Fla. Stat. (2004). After appellant was adjudicated and sentenced to two years in prison, followed by eight years of probation, the state filed a motion for entry of an order designating appellant a sexual predator, pursuant to section
775.21(4), Florida Statutes (2004)....
...The trial court entered an order the same day as the state's motion, designating appellant a sexual predator. Where, as here, the violation of section
800.04 is a second-degree felony, appellant must have a prior conviction for one of the crimes specified by the statute before he can be designated a sexual predator. §
775.21(4)(a)1.b, Fla....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2010 Fla. App. LEXIS 11439, 2010 WL 3056597
...ense. We affirm. Several months after pleading no contest to attempted lewd or lascivious exhibition in the presence of a child and being placed on sex offender probation, the State filed a motion to designate Bishop as a sexual predator pursuant to section 775.21(4)(a)2., Florida Statutes (2008)....
...NOTES [1] A defendant is entitled to a hearing before a sexual predator designation can be imposed because the court must make findings as to the existence of the qualifying prior conviction. Cheshire v. State,
969 So.2d 458, 460-61 (Fla. 1st DCA 2007). See §
775.21(5)(a)3., Fla....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2012 Fla. App. LEXIS 14616, 2012 WL 3764501
...The crimes were alleged to have occurred between January 1, 1990, and September 28,1994. The appellant asserts that his sexual predator designation is improper because he was convicted of offenses that occurred prior to October 1, 1993, the effective date of the Sexual Predator Act. See § 775.21(4)(a), Fla....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 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 2nd District Court of Appeal | 2011 Fla. App. LEXIS 12140, 2011 WL 3303478
...oth state and federal courts. In his May 2010 rule 3.800(a) motion, Blackwell alleged that the trial court was without jurisdiction to impose a sexual predator designation at sentencing because the victim was not a minor at the time of the crime and section 775.21(4)(c)(l)(B), Florida Statutes (1999), provided that the designation was applicable only where the victim of specified crimes was a minor....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2005 Fla. App. LEXIS 12044, 2005 WL 1812878
...We affirm. Mr. Sheppard was convicted of the first-degree felony of sexual battery in violation of section
794.011(8)(b), Florida Statutes (2002). Mr. Sheppard’s conviction for this offense required that he be designated as a sexual predator under section
775.21(4)(a)(l)(a), Florida Statutes (2002). See §
775.21(4)(a)(l)(a), Fla....
...pursue a lawful occupation.” Collie,
710 So.2d at 1010 n. 8. Footnote 8 to the Collie opinion could better explain this theory, but it appears that this court was limiting its concern to a retroactive application of the employment restrictions of section
775.21(9)(b), Florida Statutes (Supp.1996), to the defendant in that ease....
...This court has not declared that it would be a double jeopardy violation for these employment restrictions to be prospectively applied. Mr. Sheppard has failed to argue that he has either been refused employment in a specified capacity or that he was charged with a third-degree felony under section 775.21(10)(b) for employment he obtained in violation of the restrictions....
...Moreover, he is not arguing a retrospective application of this statute. As a practical matter, Mr. Sheppard is serving a twenty-year prison term and will not be eligible for employment for many years. Affirmed. SILBERMAN and WALLACE, JJ., Concur. . Section 775.21(4)(a) provides: (a) For a current offense committed on or after October 1, 1993, upon conviction, an offender shall be designated as a "sexual predator” under subsection (5), and be subject to registration under subsection (6) and community and public notification under subsection (7) if: 1....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2004 WL 1837348
...in the [sexual] offender's permanent or temporary residence ..., the offender shall report in person to a driver's license office." Section 943.035(1)(c) states that "[p]ermanent residence" and "temporary residence" have the same meaning ascribed in section 775.21. Accordingly, permanent residence means a place where the person abides, lodges, or resides for 14 or more consecutive days. § 775.21(f), Fla. Stat. Temporary residence means a place where the person abides, lodges, or resides for a period of 14 or more days in the aggregate during any calendar year and which is not the person's permanent address. § 775.21(g)....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2004 WL 1779021
...We affirm because we find that Bouchillon does not meet the criteria for sentencing under the Sexual Predators Act. Bouchillon pled no contest to the charge of lewd or lascivious battery. At the sentencing hearing, the trial court found that the Sexual Predators Act, section 775.21, Florida Statues, did not apply to Bouchillon as he was being sentenced as a youthful offender....
...Bouchillon was convicted of committing a lewd or lascivious battery which is a violation of section
800.04(4)(a), Florida Statutes. Bouchillon is correct that in this case, his conviction does not meet the Sexual Predators Act criteria and thus, this statute cannot be applied to him. Section
775.21(4)(a)1., Florida Statutes (2002), titled "SEXUAL PREDATOR CRITERIA" states: an offender shall be designated as a "sexual predator" under subsection (5), and subject to registration under subsection (6) and community and public notification under subsection (7) if: 1....
...787.025, 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.
794.05; 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[.] Thus, to meet the criteria under section
775.21(4)(a)1.a., Bouchillon would have to have been convicted of a violation of section
800.04 which was "a capital, life or first degree felony." Here, Bouchillon was convicted of a second degree felony violation of section
800.04. §
800.04(4). Therefore, he does not meet the sexual predator criteria under section
775.21(4)(a)1.a. In order to meet the criteria under section
775.21(4)(a)1.b., Bouchillon would have to have been previously convicted of a violation of section
800.04 "or a violation of a similar law of another jurisdiction and ... previously ... convicted of or found to have committed, or ... pled nolo contendere or guilty to, regardless of adjudication a violation of" one of the statutes listed at the end of section
775.21(4)(a)1.b. See Maceo v. State,
870 So.2d 852, 853 (Fla. 3d DCA 2003) (finding that Maceo did not qualify as a sexual predator under section
775.21(4)(a)1.b....
..."as he had not previously been convicted of, plead nolo or guilty to, or found to have committed any of the enumerated prior offenses which would qualify him for classification as a sexual predator"); Kidd v. State,
855 So.2d 1165, 1167 (Fla. 5th DCA 2003) (stating that section
775.21(4)(a)1.b....
...tor"). Here, the State has not alleged that Bouchillon has any prior convictions, and there is no evidence in the record that Bouchillon has any prior convictions. Thus, Bouchillon does not meet the criteria for sentencing as a sexual predator under 775.21(4)(a)1.b. Because Bouchillon does not meet the criteria under either 775.21(4)(a)1.a. or 775.21(4)(a)1.b., he cannot be sentenced as a sexual predator....
...4th DCA 2003) (emphasis in original) (citations omitted). Furthermore, in this case, Bouchillon pled no contest to his charge and adjudication was withheld. A no contest plea where adjudication is withheld is specifically included in the Sexual Predator Act's definition of "conviction." § 775.21(1)(c), Fla....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2004 WL 730839
...e ground that it denies procedural due process. Appellant's argument is without merit. We have recently rejected the same constitutional challenge both under section
943.0435, see Ames v. State,
870 So.2d 203 (Fla. 1st DCA March 11, 2004), and under section
775.21, Florida's sexual predator law....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal
...benefit of oral argument, we accept the State's concession that the sexual predator
designation was error and reverse that portion of Roberts's sentence.
The sexual predator designation applies to an offense committed on or
after October 1, 1993. See § 775.21(4)(a), Fla. Stat. (2015). Here, the felony
information charges that the offense occurred approximately a decade prior to October
1, 1993. The trial court nevertheless designated Roberts a sexual predator pursuant to
section 775.21 in a written order dated July 1, 2015, and indicated the same in
Roberts's judgment.2 As the State properly concedes, this was error....
CopyCited 1 times | Published | Florida 1st District Court of Appeal
Weeks,
202 So. 3d 1, 10 (Fla. 2016) (citing section
775.021(1), Florida Statutes). Interpreting “driving
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:
CopyPublished | Florida 4th District Court of Appeal | 1998 Fla. App. LEXIS 11441, 1998 WL 567948
...The purported sentencing errors were not preserved for appeal. See Harriet v. State,
710 So.2d 102 (Fla. 4th DCA 1998); Johnson v. State,
697 So.2d 1245 (Fla. 1st DCA 1997). There was no due process violation in the trial court’s adjudication of the defendant as a sexual predator under Section
775.21, Florida Statutes (1997)....
CopyPublished | Florida 4th District Court of Appeal
reconciled with the post-Faison amendment to section
775.021, Florida Statutes, which clarified that “[t]he
CopyPublished | Florida 4th District Court of Appeal | 2005 Fla. App. LEXIS 14064, 2005 WL 2138724
...effective date of the Sexual Predators Act, October 1, 1993. See Wade v. State,
728 So.2d 284 (Fla. 2d DCA 1999)(holding that the Florida Sexual Predators Act does not apply to offenses occurring before October 1, 1993, the act’s effective date); §
775.21(4)(a), Fla....
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 | 2012 WL 3824049, 2012 Fla. App. LEXIS 14848
...The defendant argued that he lacked the required prior conviction. The court concluded that the designation was legal because the defendant was convicted of a first-degree felony that is enumerated in the statute, and a prior conviction was not necessary. § 775.21(4)(a)la, Fla....
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 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
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 | Court of Appeals for the Eleventh Circuit
Finally, there is the rule of lenity. Through section
775.021(1), Florida Statutes, the Legislature has
CopyPublished | Florida 4th District Court of Appeal
conduct that is not, in and of itself, criminal. §
775.021(1), Fla. Stat. (2017) (“The provisions of this
CopyPublished | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 14532
...(emphasis added). The Florida Supreme Court’s opinion in State v. J.M.,
824 So.2d 105 (Fla.2002), provides guidance for how to interpret the plain language of these provisions. In J.M., the court considered whether The Florida Sexual Predator Act, section
775.21, Florida Statutes (2000), permitted classification of juveniles as sexual predators....
...The Florida Sexual Predator Act (“the Predator Act”) provided that “upon conviction, an offender shall be designated as a ‘sexual predator’ ... if ... [t]he felony is [a] capital, life, or first-degree felony violating of ... chapter 794.” Id. (quoting § 775.21(4)(a), Fla....
...(2000)) (emphasis added in J.M.). The Predator Act defined “conviction” as “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.” J.M.,
824 So.2d at 108 (quoting §
775.21(2)(c))....
CopyPublished | Florida 3rd District Court of Appeal
CopyPublished | Supreme Court of Florida
...registered as a sexual predator or sexual offender. See ch. 2014-5, § 1, Laws of
Fla. Additionally, subsection
68.07(3)(i) requires that petitions for name change
must state “whether the petitioner has ever been required to register as a sexual
predator under s.
775.21 or as a sexual offender under s....
...Please note that
the state and national criminal records check must indicate whether you have registered as a sexual
predator or a sexual offender and you must also indicate on this petition whether you have ever been
required to register as a sexual predator under section
775.21, Florida Statutes, or as a sexual
offender under section
943.0435, F.S.
Next, you must obtain a hearing date for the court to consider your request....
...Instructions for Florida Supreme Court Approved Family Law Form 12.982(a), Petition for Change of Name (Adult)
(09/16)
-9-
I _____ have____have not ever been required to register as a sexual predator under section
775.21,
Florida Statutes.
I _____ have ______have not ever been required to register as a sexual offender under section
943.0435, Florida Statutes.
13....
...Please
note that the state and national criminal records check must indicate whether you have
registered as either a sexual predator or a sexual offender and you must also indicate on this
petition whether you have ever been required to register as a sexual predator under section
775.21, Florida Statutes, or as a sexual offender under section
943.0435, Florida Statutes.
Instructions for Florida Supreme Court Approved Family Law Form 12.982(c), Petition for Change of Name
(Minor Child(ren)) (09/16)...
...rrest, charge, plea, or adjudication)
(_____Please indicate here if you are continuing these facts on an attached page.)
_____ The minor child _____ has _____has not ever been required to register as a sexual
predator under section
775.21, Florida Statutes.
_____ The minor child _____has _____has not ever been required to register as a sexual
offender under section
943.0435, Florida Statutes
11....
...Child(ren)) (09/16)
- 19 -
(______ Please indicate here if you are continuing these facts on an attached page.)
I _____ have____have not ever been required to register as a sexual predator under section
775.21, Florida Statutes.
I _____ have ______have not ever been required to register as a sexual offender under section
943.0435, Florida Statutes.
6....
...The details of my criminal history are:
Date City/State Event (arrest, charge, plea, or adjudication)
(____ Please indicate here if you are continuing these facts on an attached page.)
I _____ have____have not ever been required to register as a sexual predator under section
775.21, Florida Statutes.
I _____ have ______have not ever been required to register as a sexual offender under section
943.0435, Florida Statutes.
6....
...harge, plea, or adjudication)
(_____ Please indicate here if you are continuing these facts on an attached page.)
_____ The minor child _____ has _____has not ever been required to register as a sexual
predator under section
775.21, Florida Statutes.
_____ The minor child _____has _____has not ever been required to register as a sexual
offender under section
943.0435, Florida Statutes
11....
...Please note that the state and national criminal records check must indicate
whether you have registered as either a sexual predator or a sexual offender and you must also
indicate on this petition whether you have ever been required to register as a sexual predator under
section
775.21, Florida Statutes, or as a sexual offender under section
943.0435, Florida Statutes.
If any of the children for whom you are requesting this change of name are not the legal children of both
adults filing this petition, you must obtain the consent of the legal parent(s)....
...te Event (arrest, charge, plea, or adjudication)
(_____ Please indicate here if you are continuing these facts on an attached page.)
I _____ have____have not ever been required to register as a sexual predator under section
775.21, Florida Statutes.
I _____ have ______have not ever been required to register as a sexual offender under section
943.0435, Florida Statutes.
13....
...The details of my criminal history are:
Date City/State Event (arrest, charge, plea, or adjudication)
(_____ Please indicate here if you are continuing these facts on an attached page.)
I _____ have____have not ever been required to register as a sexual predator under section
775.21, Florida Statutes.
I _____ have ______have not ever been required to register as a sexual offender under section
943.0435, Florida Statutes.
13....
...est, charge, plea, or adjudication)
(____ Please indicate here if you are continuing these facts on an attached page.)
_____ The minor child _____ has _____has not ever been required to register as a
sexual predator under section
775.21, Florida Statutes.
_____ The minor child _____has _____has not ever been required to register as a sexual
offender under section
943.0435, Florida Statutes.
11....
CopyPublished | Supreme Court of Florida | 41 Fla. L. Weekly Supp. 411, 2016 Fla. LEXIS 2136, 2016 WL 5940106
...registered as a sexual predator or sexual offender. See ch. 2014-5, § 1, Laws of
Fla. Additionally, subsection
68.07(3)(i) requires that petitions for name change
must state “whether the petitioner has ever been required to register as a sexual
predator under s.
775.21 or as a sexual offender under s....
...Please note that
the state and national criminal records check must indicate whether you have registered as a sexual
predator or a sexual offender and you must also indicate on this petition whether you have ever been
required to register as a sexual predator under section
775.21, Florida Statutes, or as a sexual
offender under section
943.0435, F.S.
Next, you must obtain a hearing date for the court to consider your request....
...Instructions for Florida Supreme Court Approved Family Law Form 12.982(a), Petition for Change of Name (Adult)
(09/16)
-8-
I _____ have____have not ever been required to register as a sexual predator under section
775.21,
Florida Statutes.
I _____ have ______have not ever been required to register as a sexual offender under section
943.0435, Florida Statutes.
13....
...Please
note that the state and national criminal records check must indicate whether you have
registered as either a sexual predator or a sexual offender and you must also indicate on this
petition whether you have ever been required to register as a sexual predator under section
775.21, Florida Statutes, or as a sexual offender under section
943.0435, Florida Statutes.
Instructions for Florida Supreme Court Approved Family Law Form 12.982(c), Petition for Change of Name
(Minor Child(ren)) (09/16)...
...rrest, charge, plea, or adjudication)
(_____Please indicate here if you are continuing these facts on an attached page.)
_____ The minor child _____ has _____has not ever been required to register as a sexual
predator under section
775.21, Florida Statutes.
_____ The minor child _____has _____has not ever been required to register as a sexual
offender under section
943.0435, Florida Statutes
11....
...Child(ren)) (09/16)
- 17 -
(______ Please indicate here if you are continuing these facts on an attached page.)
I _____ have____have not ever been required to register as a sexual predator under section
775.21, Florida Statutes.
I _____ have ______have not ever been required to register as a sexual offender under section
943.0435, Florida Statutes.
6....
...The details of my criminal history are:
Date City/State Event (arrest, charge, plea, or adjudication)
(____ Please indicate here if you are continuing these facts on an attached page.)
I _____ have____have not ever been required to register as a sexual predator under section
775.21, Florida Statutes.
I _____ have ______have not ever been required to register as a sexual offender under section
943.0435, Florida Statutes.
6....
...harge, plea, or adjudication)
(_____ Please indicate here if you are continuing these facts on an attached page.)
_____ The minor child _____ has _____has not ever been required to register as a sexual
predator under section
775.21, Florida Statutes.
_____ The minor child _____has _____has not ever been required to register as a sexual
offender under section
943.0435, Florida Statutes
11....
...Please note that the state and national criminal records check must indicate
whether you have registered as either a sexual predator or a sexual offender and you must also
indicate on this petition whether you have ever been required to register as a sexual predator under
section
775.21, Florida Statutes, or as a sexual offender under section
943.0435, Florida Statutes.
If any of the children for whom you are requesting this change of name are not the legal children of both
adults filing this petition, you must obtain the consent of the legal parent(s)....
...te Event (arrest, charge, plea, or adjudication)
(_____ Please indicate here if you are continuing these facts on an attached page.)
I _____ have____have not ever been required to register as a sexual predator under section
775.21, Florida Statutes.
I _____ have ______have not ever been required to register as a sexual offender under section
943.0435, Florida Statutes.
13....
...The details of my criminal history are:
Date City/State Event (arrest, charge, plea, or adjudication)
(_____ Please indicate here if you are continuing these facts on an attached page.)
I _____ have____have not ever been required to register as a sexual predator under section
775.21, Florida Statutes.
I _____ have ______have not ever been required to register as a sexual offender under section
943.0435, Florida Statutes.
13....
...est, charge, plea, or adjudication)
(____ Please indicate here if you are continuing these facts on an attached page.)
_____ The minor child _____ has _____has not ever been required to register as a
sexual predator under section
775.21, Florida Statutes.
_____ The minor child _____has _____has not ever been required to register as a sexual
offender under section
943.0435, Florida Statutes.
11....
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 | 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
CopyPublished | Supreme Court of Florida
...MCKENZIE,
Respondent.
September 23, 2021
PER CURIAM.
The issue in this case is whether a circuit court has
jurisdiction to impose a sexual predator designation on an offender
who qualifies under section 775.21, Florida Statutes (2018), the
Florida Sexual Predators Act, when the sentencing court did not
impose the designation at sentencing and the offender’s sentence
has been completed....
... Corrections informed McKenzie that he was no longer under its
supervision.
In 2018, the State filed a notice with the trial court, stating
that McKenzie’s original offense, violation of section
794.011(8)(b),
was an enumerated offense under section
775.21—which obligated
the trial court to designate McKenzie as a sexual predator.
McKenzie filed a written objection, asserting that the court no
longer had jurisdiction in the matter because he had completed all
the terms of his criminal sentence. The trial court set a hearing on
the issue.
After the hearing, the trial court determined that section
775.21 placed an obligation on the court to designate McKenzie as a
sexual predator and that McKenzie must comply with the
registration requirements for those given such a designation....
...The
trial court relied on the Third District’s Cuevas opinion, the only
district court opinion that then had directly answered the issue
before the trial court: whether a trial court has jurisdiction to
impose a sexual predator designation under section
775.21 when
the offender’s sentence has already been completed. See Cuevas,
31 So. 3d at 291-92 (holding that “designation as a sexual predator
-3-
[under section
775.21] may be ordered after a defendant has served
his sentence and been released” (emphasis added)). McKenzie
appealed the trial court’s decision.
Upon appeal, the Fifth District held that section
775.21 does
not grant jurisdiction to a trial court to impose a sexual predator
designation on an offender when the offender’s sentence has
already been completed. McKenzie,
272 So. 3d at 808-09, 811 (“We
conclude that the trial court lacked jurisdiction to enter the
order . . . . [S]ection
775.21 . . . did not grant authority to the trial
court to belatedly designate McKenzie as a sexual predator.”). In
reaching its holding, the Fifth District noted that section
775.21(5)(a) “references three types of proceedings in which a trial
court is to designate an otherwise qualified offender to be a sexual
predator.” Id. at 810. The court made the following observations
regarding section
775.21(5)(a):
[S]ection
775.21(5)(a)1. sets forth the procedure to be
followed when an offender is determined to be a sexually
violent predator pursuant to a civil commitment
proceeding under Chapter 394. [S]ection
775.21(5)(a)2.
sets forth the procedure to be followed when an offender
is before the court for sentencing. [S]ection
775.21(5)(a)3....
... but has established or maintained a permanent,
temporary, or transient residence in Florida.
Id. The court stated further, “McKenzie was an offender who should
have been, but was not, designated as a sexual predator at the time
of sentencing.” Id. (citing § 775.21(5)(a)2., Fla. Stat. (2009)).
The Fifth District focused on section 775.21(5)(c), which states
in part:
If the Department of Corrections, the [D]epartment [of
Law Enforcement], or any other law enforcement agency
obtains information which indicates that an offender
meets the sexual preda...
...subparagraph (a)1., or
the state attorney of the county where the offender
establishes or maintains a residence upon first entering
the state for offenders described in subparagraph (a)3.
The court stated, “Notably, . . . section [
775.21(5)(c)] references
subsections (5)(a)1. and (5)(a)3., but fails to reference subsection
(5)(a)2.—the subsection applicable to McKenzie.” McKenzie,
272 So.
3d at 810.
The Fifth District reasoned that the absence of a reference to
section
775.21(5)(a)2. in section
775.21(5)(c) means that section
775.21(5)(c) does “not provide a ‘recapture’ provision for offenders
-5-
described in subsection (5)(a)2.” Id. at 811 (citing Cuevas,
31 So.
3d at 292 (Shepherd, J., dissenting)). Accordingly, the Fifth District
concluded, for offenders who fall under section
775.21(5)(a)2.,
section
775.21 does not grant jurisdiction to trial courts to
designate the offender as a sexual predator if the offender’s
sentence has already been completed....
...uilty to charges of lewd
and lascivious molestation on a child under 12 and lewd and
lascivious conduct on a child under 16, in violation of sections
800.04(5)(b) and
800.04(6)(b), Florida Statutes (2000),” which were
enumerated offenses under section
775.21....
...Cuevas was sentenced to 56 months of incarceration, but the
trial court failed to designate Cuevas as a sexual predator at the
time of sentencing. Id. Shortly before Cuevas was released from
incarceration, the State filed a motion with the trial court to
designate Cuevas as a sexual predator under section 775.21....
...Id.
Cuevas was released from incarceration prior to the trial court
-6-
setting a hearing on the State’s motion. Id. After the hearing, the
trial court granted the State’s motion to designate Cuevas a sexual
predator under section 775.21. Id. Cuevas appealed.
Upon appeal, the Third District held that when an offender
was required to be designated a sexual predator under 775.21 at
the time of sentencing but the trial court failed to meet that
requirement, section 775.21(5)(a)2. does not bar the trial court’s
subsequent exercise of jurisdiction. Id. The court may still impose
the sexual predator designation after the completion of the
offender’s sentence. Id. In reaching its holding, the Third District
noted that section 775.21(4)(a) places an obligation on the trial
court to designate an offender as a sexual predator. Id. n.2 (noting
that section 775.21(4)(a) states that “an offender shall be
designated” as a sexual predator).
The court then turned its attention to section 775.21(5)(c). Id.
at 292. The Third District explicitly rejected the argument that the
mentioning of sections 775.21(5)(a)1. and 775.21(5)(a)3. in section
775.21(5)(c) thwarted the trial court’s jurisdiction. Id. The court
stated that “[a] careful reading of the special language applicable to
the two categories (section[s] 775.21(5)(a)1. and [775.21(5)(a)]3.)
-7-
reveals that those are special notice and venue rules for those
special cases, not exclusive descriptions of the only circumstances
in which the State can perform its duty after the defendant is
sentenced.” Id. (footnote omitted). The court explained further:
In the case of [s]ection 775.21(5)(a)1., a sexually
violent predator under [s]ection 775.21(4)(d), one of the
three enumerated state offices must notify the state
attorney who prosecuted the offense. In the case of
[s]ection [775.21](5)(a)3., a sexual predator who was
convicted of a qualifying offense in another jurisdiction
before establishing or maintaining a residence in a
Florida county, notice is to be given to the state attorney
of that new county....
...In the case of a person like Cuevas,
indisputably qualified to be designated a sexual predator
but not designated at sentencing as the Legislature
directed, no special notifications or interjurisdictional
rules are required, and [s]ection 775.21(5)(c) then
specifies (without limitation) that the “state attorney shall
bring the matter to the court’s attention in order to
establish that the offender meets the sexual predator
criteria.”
Id. n.3 (quoting § 775.21(5)(c), Fla. Stat.).
ANALYSIS
To resolve the certified conflict, we are called upon to
determine whether a circuit court has jurisdiction to impose a
sexual predator designation on an offender who qualifies under
section 775.21, when the designation was not imposed at
sentencing and the offender’s sentence has been completed....
...Burwell,
576 U.S. 473, 500-01
(2015) (Scalia, J., dissenting). Context is important as “a tool for
understanding the terms of the law, not an excuse for rewriting
them.” Id. at 501.
-9-
In addressing section
775.21, we first focus our attention on
section
775.21(4), which sets forth who can be designated as a
sexual predator. Section
775.21(4)(a) lists enumerated offenses, as
well as “violation[s] of . . . similar law[s]” of other jurisdictions that
warrant the sexual predator designation. Additionally, section
775.21(4)(d) states that “[a]n offender who has been determined to
be a sexually violent predator pursuant to a civil commitment
proceeding under chapter 394” is a sexual predator. In both cases,
i.e., offenders who qualify as sexual predators from either their
criminal offense or civil commitment, the offender “shall be
designated as a ‘sexual predator.’ ” §
775.21(4)(a), (d), Fla. Stat.
(emphasis added). The use of the word “shall” makes clear that the
Legislature imposed a substantive duty on the court to give the
sexual predator designation for these offenders.
Section
775.21(5)(a) then places procedural requirements on
the court as a means of carrying out the substantive purpose of the
Legislature to impose the sexual predator designation on qualifying
offenders. First, section
775.21(5)(a)1. pertains to those offenders
who qualify as sexual predators as a result of civil commitment
under chapter 394. Next, section
775.21(5)(a)2. refers to offenders
- 10 -
who are before the court for sentencing for the enumerated offenses
under section
775.21(4)(a). Stated in full, section
775.21(5)(a)2.
provides:
An offender who meets the sexual predator criteria
described in paragraph (4)(a) who is before the court for
sentencing for a current offense committed on or after
October 1, 1993, is a sexual pr...
...sentencing that the offender is a sexual predator, and the
clerk of the court shall transmit a copy of the order
containing the written finding to the department within
48 hours after the entry of the order . . . .
(Emphasis added.) Lastly, section 775.21(5)(a)3....
...pertains to
offenders who meet the sexual predator designation criteria based
on a civil commitment or criminal offense that occurred previously
in another jurisdiction and who now maintain permanent,
temporary, or transient residence in Florida. In each of the three
subsections of section 775.21(5)(a), for those offenders who qualify
as sexual predators, the court is obligated to impose the
designation and “make a written finding” of the offender’s sexual
predator status. § 775.21(5)(a)1.-3., Fla. Stat.
Section 775.21(5)(a)2....
...addresses offenders at sentencing but
does not directly address the category of offenders that are at issue
here: offenders who were statutorily mandated to be designated as
- 11 -
sexual predators at sentencing but were not. But we cannot
reasonably read the procedural directions under section
775.21(5)(a)2. regarding the timing of the designation in a way that
defeats the Legislature’s substantive mandate to impose the sexual
predator designation.
Section 775.21(5)(a)2....
...r is a sexual
predator, in order to protect the public, it is necessary
that the sexual predator be registered with the
department and that members of the community and the
public be notified of the sexual predator’s presence.
§ 775.21(3)(c)-(d), Fla. Stat. Prohibiting the sexual predator
designation because of the sentencing court’s failure to act timely
under section 775.21(5)(a)2. would directly thwart the Legislature’s
stated purpose under section 775.21(3). And nothing in the
- 12 -
statutory scheme can be reasonably understood to preclude
imposing the statutorily mandated designation when the sentencing
court has failed to follow the direction contained in section
775.21(5)(a)2....
...The statutory scheme provides no basis for
concluding that a fumble by the sentencing court should immunize
a sexual predator from the legally required designation and
registration.
Contrary to the Fifth District’s analysis in McKenzie, we do not
read section 775.21(5)(c) as limiting a court’s jurisdiction for
offenders under section 775.21(5)(a)2. Section 775.21(5)(c) states:
If the Department of Corrections, the department, or any
other law enforcement agency obtains information which
indicates that an offender meets the sexual predator
criteria but the court did not make...
...law enforcement agency shall not administratively
designate an offender as a sexual predator without a
written finding from the court that the offender is a
sexual predator.
(Emphasis added.)
We agree with the Third District in Cuevas: Section
775.21(5)(c) simply sets forth certain notice requirements for
offenders under sections 775.21(5)(a)1. and 775.21(5)(a)3. For
these offenders, section 775.21(5)(c) simply places an obligation on
the department or another law enforcement agency to “notify” the
appropriate state attorney, who in turn must “bring the matter to
the court’s attention.” Section 775.21(5)(c) goes on to state that the
offender is not obligated to register with the department unless the
State brings the matter to the court’s attention and the court then
makes a written finding that the offender qualifies as a sexual
predator. But nothing in section 775.21(5)(c) places a restriction on
the court’s jurisdiction over those offenders who were required to be
designated as sexual predators at sentencing but were not....
...An interpretation should not be imposed on the statutory text by
implication when that interpretation contradicts the manifest
purpose of the text as well as an unequivocal requirement stated in
the text.
Lastly, we address the relationship between section 775.21
and the criminal offenses that can give rise to the sexual predator
designation. The imposition of sexual predator status under section
775.21 is related to the underlying criminal offense—but is not
itself a sentence or punishment. “The 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.”
§ 775.21(3)(d), Fla....
...jurisdiction over an offender because the offender’s sentence has
been completed are flawed. The Legislature merely used the
underlying criminal offense as a basis of classification for sexual
predators, separate and distinct from a sentence or punishment.
Section 775.21 is plainly applicable to offenders for which this
state never had jurisdiction over the original criminal offense. See
§ 775.21(4)(a), (5)(a)3., Fla....
...Completion of the underlying
criminal sentence does not abrogate jurisdiction.
CONCLUSION
We conclude that a circuit court has jurisdiction to impose a
sexual predator designation on an offender who qualifies under
section 775.21, when the sentencing court did not impose the
- 16 -
designation at sentencing and the offender’s sentence has been
completed....
...NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION
AND, IF FILED, DETERMINED.
COURIEL, J., concurring.
I agree with the majority’s conclusion and the reasoning of the
Third District in Cuevas v. State,
31 So. 3d 290 (Fla. 3d DCA 2010),
that section
775.21(5)(c) does not divest a trial court of jurisdiction
to designate a person as a sexual predator at any time after
conviction of an offense listed in section
775.21(4)(a). That is
because, for one thing, “[s]ection
775.21(5)(c) simply sets forth
certain notice requirements for offenders ....
...I do not see in the plain words of this
- 17 -
provision, or in the part it plays in the structure of the Florida
Sexual Predators Act as a whole, a decision by the Legislature to
thwart the purpose of the statute expressly stated in section
775.21(3)(d)....
...ntertain an effort by the
State to seek Brian K. McKenzie’s designation as a sexual predator.
That designation is, the statute says, “neither a sentence nor a
punishment but simply a status resulting from the conviction of
certain crimes.” § 775.21(3)(d), Fla....
...m a ministerial duty
required by law.”).
POLSTON, J., dissenting.
I dissent from the majority’s decision holding that a circuit
court has jurisdiction to belatedly impose a sexual predator
designation on an offender who qualifies under section
775.21,
Florida Statutes (2018), the Florida Sexual Predators Act, when the
sentencing court failed to impose the designation at sentencing, and
the offender’s sentence has been complete for over three years.
I agree with the reasoning set forth in Judge Shepherd’s
dissenting opinion in the Third District Court of Appeal’s decision in
Cuevas v. State,
31 So. 3d 290 (Fla. 3d DCA 2010), and would
conclude that a plain reading of section
775.21(5)(c) does not grant
a circuit court authority to designate a sexual predator once the
sentence has been completed....
...5th DCA 2019), and disapprove the Third District’s
decision in Cuevas.
- 20 -
I. BACKGROUND
The Fifth District in McKenzie set forth the following facts:
Brian K. McKenzie appeals an order designating
him as a sexual predator under section 775.21, Florida
Statutes (2018)....
...trial court, requesting that McKenzie be designated a
sexual predator. After a hearing, and over McKenzie’s
objection, the trial court entered an order designating
McKenzie a sexual predator and ordering him to comply
with the registration requirements set forth in section
775.21, Florida Statutes (2018)....
...ntence.
- 21 -
The trial court appropriately relied on Cuevas in entering
its order.
272 So. 3d at 808-09 (footnote omitted).
On appeal, the Fifth District explained that pursuant to the
text of section
775.21 and other caselaw interpreting the statute,
designating a sexual predator is a mandatory duty intended to take
place at sentencing but that a trial court still has jurisdiction to
designate a sexual predator while the sentence is being served....
...but that subsection (5)(c) only expressly mentions subparagraphs
(5)(a)1. and (5)(a)3. Id. at 810-11. Concluding that Judge
Shepherd’s dissent in Cuevas correctly interpreted the statute
based on its plain language, the Fifth District held that section
775.21(5)(c) did not grant the circuit court jurisdiction to belatedly
- 22 -
designate McKenzie as a sexual predator and reversed. McKenzie,
272 So. 3d at 811. The Fifth District also certified conflict with
Cuevas, and this appeal followed. McKenzie,
272 So. 3d at 811.
II. ANALYSIS
The majority holds that section
775.21 confers jurisdiction on
a trial court to designate a sexual predator after he is sentenced
and completes his probation. I disagree because the plain language
of section
775.21 does not expressly grant a trial court this
authority.
A court’s determination of the meaning of a statute begins
with the language of the statute....
...construction.” City of Parker v. State,
992 So. 2d 171, 176 (Fla.
2008) (quoting Daniels v. Fla. Dep’t of Health,
898 So. 2d 61, 64
(Fla. 2005)).
The Florida Sexual Predator Act provides for the registration
and public notification of sexual predators. See §
775.21, Fla....
...2005); see also ch.
96-388, § 61, Laws of Fla. The Act describes legislative findings
and purposes in subsection (3), the criteria for qualifying as a
sexual predator in subsection (4), and the process for designating
qualifying offenders in subsection (5). See § 775.21(3)-(5). A sexual
predator designation is neither a sentence nor a punishment. See
§ 775.21(3)(d) (“The 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.”)....
...that the offender is a sexual predator.” Therrien,
914 So. 2d at 946.
And, under subsection (4)(c), an offender is not designated as a
sexual predator unless there has been a written finding by a court
that the offender meets the sexual predator criteria. §
775.21(4)(c).
An offender may qualify as a sexual predator in three ways.
First, and foremost for this case, an offender may qualify by being
- 24 -
convicted of an enumerated current offense. §
775.21(4)(a).
Second, an offender may qualify by committing a comparable
offense in another jurisdiction. §
775.21(4)(a)1.a.-b. Third, “[a]n
offender who has been determined to be a sexually violent predator
pursuant to a civil commitment proceeding” automatically qualifies
as a sexual predator under the Act. §
775.21(4)(d).
Most pertinent to the question before this Court, section
775.21(5) details the process by which a qualifying offender may be
designated as a sexual predator:
(5) Sexual predator designation.--An offender is
designated as a sexual predator as follows:
(a) 1....
...The
Department of Corrections, the department, or any other
law enforcement agency shall not administratively
designate an offender as a sexual predator without a
written finding from the court that the offender is a
sexual predator.
§ 775.21(5).
Subsection (5)(a) provides separate processes for offenders
who have been civilly committed, convicted of a current offense, or
convicted in another jurisdiction. See § 775.21(5)(a)1.-3.
Subparagraph (5)(a)2....
... like McKenzie, who could have been designated as a sexual
predator by the trial court at sentencing. 2
The plain language of subparagraph (5)(a)2. only grants a trial
court the authority to designate a sexual predator at the time of
sentencing. § 775.21(5)(a)2....
...applies to offenders who have been
civilly committed and (5)(a)3. applies to offenders convicted in an
outside jurisdiction, so neither applies in a case where an offender
was convicted of a qualifying offense in a Florida court.
- 28 -
Section 775.21(5)(c) is a “recapture” provision that provides for
designation of a qualifying offender in the event a court did not
make a written finding as required in subsection (a)....
...Specifically,
subsection (5)(c) provides that if a law enforcement agency obtains
information that an offender meets the criteria as a sexual predator
but was not designated at sentencing, the agency shall inform a
state attorney who must then bring the matter before a trial court
for a written determination. § 775.21(5)(c)....
...ph (a)1. and
subparagraph (a)3., neither of which is applicable to this case.
Subsection (5)(c) fails to reference subsection (5)(a)2.—the
subsection applicable to McKenzie. See Cuevas,
31 So. 3d at 294
(Shepherd, J., dissenting) (“However, [section
775.21(5)(c)] ....
...Act, §
394.910, Fla. Stat. (2000), and subparagraph (a)3 pertains to
- 29 -
persons who have committed a similar violation in another
jurisdiction. By its terms, this subsection does not include
offenders described in section
775.21(a)2, the category in which
Cuevas falls.”). Accordingly, the plain language of section
775.21(5)
does not expressly grant a trial court this authority.
The majority attempts to circumvent the plain language of
section
775.21(5)(c) by reading something into section
775.21 that
is not there. The majority focuses on the Legislature’s use of the
language “shall” in section
775.21(4), see majority op....
...three years after his
sentence was completed.
III. CONCLUSION
I would approve the Fifth District’s decision in McKenzie,
disapprove the Third District’s decision in Cuevas, and conclude
that a plain reading of section 775.21 does not grant a circuit court
authority to designate sexual predators once they have completed
their sentence.
I respectfully dissent.
LABARGA and LAWSON, JJ., concur.
Application for Review of the Decision of the District C...
CopyPublished | Florida 2nd District Court of Appeal | 2005 Fla. App. LEXIS 13879, 2005 WL 2105369
CANADY, Judge. In this judgment and sentence appeal, Wilson Lupianez challenges the trial court’s designation of him as a sexual predator pursuant to section 775.21(4)(a)(l), Florida Statutes (2003)....
...An offender who violates section
794.011(5) shall be designated a sexual predator if the offender has “previously been convicted of or found to have committed, or has pled nolo contendere or guilty to, regardless of adjudication, any violation of’ certain enumerated statutory offenses. §
775.21(4)(a)(l)(b), Fla. Stat. (2003); see also State v. J.M.,
824 So.2d 105 , 110 *601 (Fla.2002) (“[I]n 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)l.b., Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2007 Fla. App. LEXIS 14547, 2007 WL 2713561
...The sentencing documents provided that Williams was sentenced under the Act. The Act became effective September 1, 2005, and established, among other things, increased registration and reporting requirements for probationers who are designated sexual predators, as defined by the Florida Sexual Predators Act, section 775.21, Florida Statutes (1993)....
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:
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
...*891 We issued an order to show cause whether Defendant might be entitled to reversal as to a portion of his third ground for relief, which was not addressed in the order of denial. There, he alleged that the trial court erred in finding him to be a sexual predator under section 775.21, Florida Statutes, without an opportunity to be heard or present argument that he did not qualify as a sexual predator....
...). The state's response points out that Defendant did not show where in the record there is any substantiation that he was so designated. The motion specifically challenged Defendant's conviction, judgment, and sentence entered in 1982, years before section 775.21 was enacted and became effective on October 1, 1993....
...[1] If Defendant actually has been designated as a sexual predator, [2] the order so designating him could not have been entered with his judgment and sentence in his 1981 case, but would have occurred in connection with his sentencing for a subsequent offense committed after section 775.21 became effective, or thereafter in whatever circuit he was residing when a law enforcement agency may have sought the designation. Compare § 775.21(4) & (5), Fla....
CopyPublished | Florida 4th District Court of Appeal | 2012 Fla. App. LEXIS 15317, 2012 WL 3964818
...The State insists we have already decided this issue adversely to the defendant, relying upon Harvey v. State,
17 So.3d 890 (Fla. 4th DCA 2009). Harvey , though, stands only for the proposition that, in Florida, there is a distinction to be made between a “sexual predator” and a “sexual offender.” While section
775.21, Florida Statutes, expressly requires the Florida courts to make a written finding that the defendant is a “sexual predator,” section
943.0435 “contains no provision for a court order designating such offenders as sexual offender...
CopyPublished | Florida 5th District Court of Appeal | 1998 Fla. App. LEXIS 11532, 1998 WL 601148
...Griffen,
694 So.2d 122 (Fla. 5th DCA 1997). And, we affirm the departure sentence. See Hall v. State,
517 So.2d 692 (Fla.1988). However, we strike the order which requires Fields to be registered as a sexual predator. Fields was sentenced on May 30, 1997, pursuant to section
775.21(4)(a)(2), Fla....
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
CopyPublished | Florida 4th District Court of Appeal | 2003 Fla. App. LEXIS 15070, 2003 WL 22298627
PER CURIAM. The state acknowledges that the order declaring Stokes a sexual predator under section 775.21, Florida Statutes, should be stricken....
CopyPublished | Florida 1st District Court of Appeal | 2016 Fla. App. LEXIS 15046, 2016 WL 5874420
...11(3) and
775.087(2)(a)1. as the
offense statute numbers for Count 1, and, under the “Special Provisions” section,
checked the box next to “Sexual Predator: The defendant is adjudicated a Sexual
Predator in accordance with the provisions of section
775.21(4)(a), Florida Statutes.”
The trial court also entered an Order Vacating Sexual Predator Order, stating, “This
Court, at sentencing, filed an Order Designating the Defendant a Sexual Predator.
This was entered in error....
...The
State properly concedes that the matter should be remanded to the trial court to
remove the sexual predator designation and instead check the sexual offender
designation. See Ch. 93-277, § 1, Laws of Fla. (1993) (creating The Florida Sexual
Predators Act); § 775.21(4)(a), Fla....
CopyPublished | Florida 3rd District Court of Appeal
CopyPublished | Florida 1st District Court of Appeal | 2017 WL 4449458
...As the State has conceded, the appellant’s prior convictions do not
qualify him to be designated as a sexual predator. The appellant’s kidnapping
conviction does not qualify him for designation as a sexual predator because the
victim was not a minor. See § 775.21(4)(a)1.a., Fla....
...re victim
was not a minor). Additionally, the appellant’s three convictions for violating
section
794.011(5), Florida Statutes (2010), do not qualify as they are second-
degree felonies and he does not have any prior enumerated convictions. See §
775.21(4)(a)1.b., Fla....
CopyPublished | Florida 1st District Court of Appeal | 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 | Florida 2nd District Court of Appeal
...statute." Thus,
the State suggests, the information was not defective. See, e.g., Richards v. State,
237
So. 3d 426, 430-31 (Fla. 2d DCA 2018) (holding that the defective information, which
failed to allege any essential elements and merely cited section
775.21(10)(a) as
opposed to the violation of the registration requirement on which the State proceeded at
trial, prejudiced Richards because defense counsel clearly demonstrated at the
beginning of trial that he had been misled regarding w...
CopyPublished | Florida 3rd District Court of Appeal | 2003 Fla. App. LEXIS 16149, 2003 WL 22438959
CONFESSION OF ERROR PER CURIAM. Laercy Maceo appeals from a trial court order designating him as a sexual predator pursuant to Section 775.21, Florida Statutes (2002)....
...se. Maceo was convicted of the life felony of armed kidnapping, in violation of section
787.01, Florida Statutes (1997). The victim, however, was not a minor and therefore Maceo does not qualify for classification as a sexual predator as provided by section
775.21(4)(a)l.a., Florida Statutes (2002) 1 based on a violation of section
787.01, Florida Statutes....
...These do not meet the requirements of the sexual predator statute which requires that violations must be capital, life, or first degree felonies to qualify Maceo as a sexual predator. The state also points out that Maceo did not qualify for designation as a sexual predator under section 775.21(4)(a)l.b, Florida Statutes as he had not previously been convicted of, plead nolo or guilty to, or found to have committed any of the enumerated prior offenses which would qualify him for classification as a sexual predator....
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
CopyPublished | Florida 5th District Court of Appeal | 2004 Fla. App. LEXIS 16216, 2004 WL 2409199
PETERSON, J. Courtney Lee Turner appeals an order designating him a sexual predator under section 775.21, Florida Statutes (2002), Florida’s Sexual Predator Act (“Act”)....
...The agreement, initialed by Turner, contained a provision that required him to fully cooperate with authorized officials to fulfill any registration or identification procedures required by law. The State subsequently filed a notice in each of the four cases informing the court that pursuant to section 775.21(4), Turner qualified as a sexual predator....
CopyPublished | Florida 2nd District Court of Appeal
CopyPublished | Court of Appeals for the Eleventh Circuit
...The definition of
a temporary residence, which triggers an in-person report to up-
date an offender’s residence, was shortened from a fourteen-day
change in residence to five days in 2006. See 2006 Fla. Laws Ch.
2006-235, § 1, codified at Fla. Stat. § 775.21(2)(g) (2006); see Fla.
Stat....
... USCA11 Case: 21-10644 Date Filed: 10/21/2022 Page: 7 of 29
21-10644 Opinion of the Court 7
resides for five days to three days. See 2018 Fla. Laws Ch. 2018-105,
§ 1, codified at Fla. Stat. § 775.21(2)(n) (2018); see Fla....
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
CopyPublished | Florida 2nd District Court of Appeal
CopyPublished | Supreme Court of Florida
CopyPublished | Florida 1st District Court of Appeal
be construed most, favorably to the accused.” §
775.021(1), Fla. Stat. (2014); see Thompson v. State,
CopyPublished | Florida 3rd District Court of Appeal
...hard L. Polin, Assistant
Attorney General, for appellee.
Before FERNANDEZ, C.J., and HENDON and BOKOR, JJ.
HENDON, J.
Jorge A. Ruiz (“Ruiz”) appeals from an order entered in 2022,
declaring him to be a sexual predator pursuant to section 775.21, Florida
Statutes, for a qualifying offense he plead guilty to in 2002....
...In exchange, the trial court would withhold adjudication of guilt and place
Ruiz on probation for five years with the special condition that Ruiz
complete a sex offender treatment program. The Plea Agreement did not
state that Ruiz would be designated a sexual predator under section
775.21 or reference the statute....
...2003)).
2
Withholding Adjudication/Special Conditions.”2 On December 19, 2006, the
trial court terminated Ruiz’s probation.
In 2022, the State filed a Motion to Declare Defendant a Sexual
Predator Pursuant to Florida Statute 775.21 (“Motion to Declare”). The
State asserted that despite qualifying as a sexual predator under section
775.21 when Ruiz was sentenced in January 2002 for lewd and lascivious
molestation, an order was never entered designating him a sexual
predator....
...At the hearing, Ruiz acknowledged that in State v.
McKenzie,
331 So. 3d 666 (Fla. 2021), reh’g denied, SC19-912,
2022 WL
223268 (Fla. Jan. 26, 2022), the Florida Supreme Court recently held that a
trial court has jurisdiction to designate a defendant as a sexual predator
under section
775.21 even though the defendant was not designated as a
sexual predator at the time of sentencing and has since completed his
sentence....
...3 However, Ruiz requested that the trial court address issues not
2
Prior to the entry of the order on appeal, as a result of this offense, Ruiz
was already designated as a sexual offender, but not a sexual predator.
3
The Florida Supreme Court noted that McKenzie’s offense was a
qualifying offense under section 775.21, and therefore, the trial court was
3
addressed in the Florida Supreme Court’s decision in McKenzie, including
the applicability of the defense of res judicata. At the conclusion of the
hearing, the trial court rejected Ruiz’s res judicata argument, and thereafter
entered an order finding that the defendant is a sexual predator under
section 775.21. Ruiz’s appeal followed.
Ruiz argues that the trial court erred by finding that the defense of res
judicata did not bar the trial court from designating Ruiz as a sexual
predator under section 775.21 when the State failed to seek the sexual
predator designation at the time of sentencing in 2002....
CopyPublished | Florida 2nd District Court of Appeal
...office of the sheriff within 48 hours of vacating his
permanent, temporary, or transient address and failing to
establish or maintain another permanent, temporary or
transient address, contrary to Florida Statute 775.21....
...(3 DEG
FEL) (LEVEL 7)
Notwithstanding the State's indefensible linguistic buckshot, we affirm in light of the only
challenges that Cowart has raised on appeal or below, which are that the information
fails to charge an offense and fails to charge all of the elements of the violation of
section 775.21(6)(g)(2)(b), Florida Statutes (2016), of which Cowart was convicted, i.e.,
that, having reported in person at the sheriff's office in the county in which he was
located within forty-eight hours after establishing a transient residenc...
...whole host of offenses. But we agree with Cowart that the information, in fact, omits
two of the essential elements of the offense of failing to report a transient address every
thirty days after initially establishing a transient residence as required by section
775.21(6)(g)(2)(b)....
...ice of the
sheriff in the county in which [he] [she] maintained a transient residence, every 30 days
after [he] [she] initially reported to the sheriff that [he] [she] had established a transient
residence"). The information's general citation to section 775.21 cannot begin to
remedy the failure to charge these two essential elements because, as we noted in
Richards v....
...s once every
calendar month. Moreover, he did not object to the trial court's instruction to the jury
pursuant to Florida Standard Jury Instruction (Criminal) 11.15(m), which accompanies
the thirty-day-transient-residence-reporting requirement in section
775.21(6)(g)(2)(b),
and he has never suggested that he could again be subject to prosecution for the same
offense.
Accordingly, Cowart's only challenges to the information on appeal and
below afford him no relief. Cf. Richards,
237 So. 3d at 430-31 (holding that the
inadequate information, which failed to allege any essential elements and merely cited
section
775.21(10)(a) as opposed to the violation of the registration requirement on
which the State proceeded at trial, prejudiced Richards because defense counsel
clearly demonstrated at the beginning of trial that he had been misled regarding wh...
CopyPublished | Florida 1st District Court of Appeal
...the face of the record that the defendant did not meet the criteria
for such a designation. Saintelien v. State,
990 So. 2d 494, 497 (Fla.
2008); see also Fla. R. Crim. P. 3.800(a)(3). Here, the record shows
that Simmons qualified as a sexual predator under section
775.21(4)(a)1.a., Florida Statutes, as he was convicted of a first-
degree felony violation of section
794.011(4)(b), Florida Statutes,
for an offense occurring after October 1, 1993....
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 | Florida 2nd District Court of Appeal | 2013 WL 5629444, 2013 Fla. App. LEXIS 16433
...Edison Lewis Adams appeals the post-conviction court’s order denying his motion to correct an illegal sentence filed under Florida Rule of Criminal Procedure 3.800(a). We reverse because the record demonstrates that Adams did not meet the criteria for sexual predator designation under section 775.21, Florida Statutes (2007)....
...Adams was convicted of two counts of unlawful sexual activity with a minor, a second-degree felony under section
794.05, Florida Statutes (2007). A defendant must be designated a sexual predator if he was either convicted of an enumerated capital, life, or first-degree felony, §
775.21(4)(a)(l)(a), or if he was convicted of an enumerated offense and was previously convicted of or pleaded guilty or no contest to (regardless of adjudication) an enumerated offense, §
775.21(4)(a)(l)(b). Unlawful sexual activity with a minor is an enumerated offense under section
775.21(4)(a)(l)(b)....
...an adjudication of delinquency entered separately!] prior to the current offense and sentenced or adjudicated separately from any other felony conviction that is to be counted as a prior felony regardless of the date of offense of the prior felony. § 775.21(4)(b)....
CopyPublished | Florida 1st District Court of Appeal | 2001 Fla. App. LEXIS 14467, 2001 WL 1219300
...Appellant, a child, was charged as an adult with sexual battery on a child less than twelve. Appellant entered a plea of nolo contendere to the charge. The trial court adjudicated T.R.B. delinquent and declared him to be a sexual predator pursuant to section 775.21, Florida Statutes, the sexual-predator statute, under the authority of Payne v....
...for purposes of the sexual-predator statute: [T]he provision in section 985.233(4)(b), excluding adjudications of delinquency from the definition of “conviction” takes precedence in a juvenile’s ease over the definition of “conviction” in section 775.21(2)(c), which generally applies to all sexual offenders....
CopyPublished | Florida 1st District Court of Appeal
...See Jeffers v. State,
106 So. 3d 37, 38 (Fla. 2d DCA 2013).
2
6. Felony probation or community control and has
previously been found by a court to be a sexual predator
under s.
775.21 and has committed a qualifying offense on
or after the effective date of this act.
(Emphasis added.) 2
Williamson’s designation falls under paragraph (8)(b)2., above, and the
qualifying offense he was convicted of in 2004 is aggravated assault....
CopyPublished | Florida 4th District Court of Appeal
the Rule of Lenity and section
775.021(1), Florida Statutes (2017). Section
775.021(1) states that “[t]he
CopyPublished | Florida 1st District Court of Appeal
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 | Florida 1st District Court of Appeal
the womb.” §
782.09(1), (5), Fla. Stat. (2014); §
775.021(5)(e), Fla. Stat. (2014). Also effective October
CopyPublished | Florida 3rd District Court of Appeal
(Fla. 2009). See also §
775.021(4), Fla. Stat. (2012). 3 3 Section
775.021(4)(a)–(b) provides:
CopyPublished | Florida 4th District Court of Appeal
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
...3d 1090],and 2013 [
113 So. 3d 754], and 2014.
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....
...2d 531] and amended in 2014.
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....
...3d 1090] and 2014.
- 39 -
11.15(b) FAILURE TO REGISTER AS BY A SEXUAL PREDATOR TO
COMPLY WITH REGISTRATION REQUIREMENTS (Failure to Comply
with Registration RequirementsProvide Required Information)
§ 775.21(6)(a)1, Fla....
...3d 754], and 2014.
11.15(c) FAILURE TO REGISTER AS BY A SEXUAL PREDATOR TO
COMPLY WITH REGISTRATION REQUIREMENTS
(Failure to Comply with Registration of a Residence, Motor Vehicle, Trailer,
Mobile Home, or Manufactured Home)
§775.21(6)(a)1.a., Fla....
...3d 1090], and 2014.
11.15(d) FAILURE TO REGISTER AS BY A SEXUAL PREDATOR TO
COMPLY WITH REGISTRATION REQUIREMENTS
(Failure to Comply with Registration of Enrollment or
Employment in Institutions of Higher Education)
§ 775.21(6)(a)1.b., Fla....
...ended
in 2012 [
85 So. 3d 1090], and 2014.
11.15(e) FAILURE TO REGISTER AS BY A SEXUAL PREDATOR TO
COMPLY WITH REGISTRATION REQUIREMENTS
(Failure to Report to Department of Highway Safety and Motor Vehicles)
§
775.21(6)(f), Fla....
...3d 1090], and 2014.
11.15(f) FAILURE TO REGISTER AS BY A SEXUAL PREDATOR TO
COMPLY WITH REGISTRATION REQUIREMENTS
(Failure to Provide Other Necessary Information Requested by Department of
Law Enforcement)
§ 775.21(6)(a)2, Fla....
...3d 1090], and 2014.
11.15(g) FAILURE TO REGISTER AS BY A SEXUAL PREDATOR TO
COMPLY WITH REGISTRATION REQUIREMENTS
(Failure to Report Change of Name or Address within the State or
Jurisdiction)
§ 775.21(6)(g), Fla....
...vised amended
in 2012 [
85 So. 3d 1090], and 2014.
11.15(h) FAILURE TO REGISTER AS BY A SEXUAL PREDATOR TO
COMPLY WITH REGISTRATION REQUIREMENTS
(Failure to Respond To Address Verification Correspondence)
§
775.21(10)(a), Fla....
...ed
in 2012 [
85 So. 3d1090], and 2014.
11.15(i) FAILURE TO REGISTER AS BY A SEXUAL PREDATOR TO
COMPLY WITH REGISTRATION REQUIREMENTS
(Failure to Report Intent to Move to Another State or Jurisdiction)
§
775.21(6)(i), Fla....
...3d 1090], and2013 [
113 So. 3d 754], and 2014.
11.15(j) FAILURE TO REGISTER AS BY A SEXUAL PREDATOR
TO COMPLY WITH REGISTRATION REQUIREMENTS
(Failure to Report Intent to Remain within the State or Jurisdiction)
§
775.21(6)(j), Fla....
...3d 1090], and 2014.
- 63 -
11.15(k) FAILURE TO REGISTER AS BY A SEXUAL PREDATOR TO
COMPLY WITH REGISTRATION REQUIREMENTS
(Failure to Register Quarterly)
§ 775.21(8)(a), Fla....
CopyPublished | Florida 1st District Court of Appeal
authorized by clear legislative intent. See §
775.021(4), Fla. Stat. (2009); Blockburger v. United
CopyPublished | Florida 2nd District Court of Appeal | 2007 Fla. App. LEXIS 18705, 2007 WL 3408370
PER CURIAM. Affirmed. See Collie v. State,
710 So.2d 1000, 1008 (Fla. 2d DCA 1998) (holding that procedural requirements of section
775.21, Florida Statutes (Supp.1996), do not violate constitutional ex post facto clauses); Fletcher v....
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 | Florida 1st District Court of Appeal
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 | Florida 4th District Court of Appeal
would normally apply the rule of lenity in section
775.021(1), Florida Statutes (2017), and construe the
CopyPublished | Florida 2nd District Court of Appeal | 2004 Fla. App. LEXIS 6238, 2004 WL 947841
DAVIS, Judge. Robert F. Summerall challenges his designation as a sexual predator under the Florida Sexual Predators Act (“the Act”), section 775.21, Florida Statutes (2003)....
CopyPublished | Florida 2nd District Court of Appeal
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 | Florida 1st District Court of Appeal | 2004 Fla. App. LEXIS 7568, 2004 WL 1176228
PER CURIAM. AFFIRMED. See Therrien v. State,
859 So.2d 585, 587 (Fla. 1st DCA) (rejecting appellant’s argument that section
775.21, Florida Statutes (2000), violated his right to procedural due process, because it did not require a hearing to determine whether he posed a danger to the public), review ‘pending, No....
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
CopyPublished | Florida 3rd District Court of Appeal | 2006 Fla. App. LEXIS 8132, 2006 WL 1409795
...other appropriate proceedings pursuant to Florida Rule of Appellate Procedure 9.141(b)(2)(D). In count four of his motion the appellant contends that the trial court erred in designating him a sexual predator because Florida’s Sexual Predator Act, section 775.21, Florida Statutes (2003), violates procedural due process....
CopyPublished | Florida 4th District Court of Appeal
similar to that found in the DUI statute, section
775.021(4)(b), Florida Statutes (2015), which states
CopyPublished | District Court of Appeal of Florida | 1978 Fla. App. LEXIS 15573
1978). *859The appellee has referred us to Section
775.021(4), Florida Statutes (1976)1 but we have determined
CopyPublished | Florida 2nd District Court of Appeal
...Only
then can we be sure that a textual interpretation would yield 'an absurd result totally
5Indeed, the legislature has differentiated between a "jail" and a "state
correctional facility"—and also between "incarceration" and "custody"—in other sections
of chapter 775. See, e.g., § 775.21(10)(g), Fla....
CopyPublished | Florida 5th District Court of Appeal
EVANDER, C.J., Brian K. McKenzie appeals an order designating him as a sexual predator under section 775.21, Florida Statutes (2018)....
...Three years later, the State filed a notice with the trial court, requesting that McKenzie be designated a sexual predator. After a hearing, and over McKenzie's objection, the trial court entered an order designating McKenzie a sexual predator and ordering him to comply with the registration requirements set forth in section 775.21, Florida Statutes (2018)....
...Dep't of High. Saf. & Motor Veh. ,
87 So.3d 712 , 724 (Fla. 2012) ("[T]here is a judicially imposed requirement that a circuit court must abide by precedent from another district court of appeal if no precedent exists from its own district."). Section
775.21(4)(a), Florida Statutes, provides that a sexual offender who qualifies as a sexual predator "shall be designated as a 'sexual predator' ......
...and community and public notification." This provision means "that the trial court has no discretion to do otherwise." Kelly v. State ,
795 So.2d 135 , 136 (Fla. 5th DCA 2001). Furthermore, "the designation is neither a sentence nor a punishment." Id. at 138 . Although section
775.21(5)(a) 2....
...criminal case and over the defendant."). Accordingly, the State was required to argue an alternative jurisdictional basis to support the trial court's action below. As in Cuevas , the State argued that the trial court's jurisdiction was conferred by section 775.21(5)(c). Before addressing section 775.21(5)(c), it is first necessary to discuss section 775.21(5)(a). That statute references three types of proceedings in which a trial court is to designate an otherwise qualified offender to be a sexual predator. Subsection 775.21(5)(a)1. sets forth the procedure to be followed when an offender is determined to be a sexually violent predator pursuant to a civil commitment proceeding under Chapter 394. Subsection 775.21(5)(a)2. sets forth the procedure to be followed when an offender is before the court for sentencing. Subsection 775.21(5)(a)3....
...xual offense in another jurisdiction, but has established or maintained a permanent, temporary, or transient residence in Florida. McKenzie was an offender who should have been, but was not, designated as a sexual predator at the time of sentencing. § 775.21(5)(a) 2., Fla. Stat. (2009). Section 775.21(5)(c), the section relied upon by the State to confer jurisdiction, provides, in relevant part, as follows: If the Department of Corrections, the department, or any other law enforcement agency obtains information which indicates that...
...did not mean that the State could not seek a belated designation of an individual who had not been so designated at sentencing, notwithstanding the fact that the defendant had completed his sentence: A careful reading of the special language applicable to the two categories ( section 775.21(5)(a) 1....
..." posed by an individual who qualified as a sexual predator. Id. In his dissent, Judge Shepherd argued that based on its plain language, section (5)(c) did not provide a "recapture" provision for offenders described in subsection (5)(a)2. However, [ section 775.21(5)(c) ] ......
...ivilly committed under the Jimmy Ryce Act, §
394.910, Fla. Stat. (2000), and subparagraph (a)3 pertains to persons who have committed a similar violation in another jurisdiction. By its terms, this subsection does not include offenders described in section
775.21(a) 2, the category in which Cuevas falls....
...tatute should be interpreted in accordance with its plain language. Id. We agree with the rationale set forth in Judge Shepherd's dissent. As Judge Shepherd aptly noted, "we must apply the law we have, not the law we wish we had." Id. at 295 . Here, section 775.21(5)(c) did not grant authority to the trial court to belatedly designate McKenzie as a sexual predator....
CopyPublished | Florida 1st District Court of Appeal
from the essential elements of law by using section
775.021(4)(a), Florida Statutes (2017), to determine
CopyPublished | Florida 4th District Court of Appeal
Blockburger . . . ‘same-elements’ test pursuant to section
775.021(4), Florida Statutes[,] is the sole method
CopyPublished | Florida 4th District Court of Appeal
Blockburger . . . ‘same-elements’ test pursuant to section
775.021(4), Florida Statutes[,] is the sole method
CopyPublished | Florida 1st District Court of Appeal | 2001 Fla. App. LEXIS 5967
ERVIN, J. Appellant, J.M., a child, appeals an order declaring him a sexual predator under section 775.21, Florida Statutes (2000)....
...ound to do so by Payne v. State,
753 So.2d 129 (Fla. 2d DCA), review denied,
773 So.2d 56 (Fla.2000). Payne was a juvenile who pled nob contendere to four counts of sexual battery and was adjudicated delinquent and classified a sexual predator under section
775.21....
...On appeal, Payne contended that he could not be so classified because the sexual-predator act required a conviction, yet section 985.233(4)(b), Florida Statutes (1997), provided that an adjudication of delinquency “shall not be deemed a conviction.” The Second District disagreed, citing “the unique nature of section
775.21.” Payne,
753 So.2d at 130 . The court observed that section
775.21 does not impose a punishment but instead provides a “procedure to protect our children and the public at large from predatory sexual activity.” Id....
...instead shall adjudge the child to have committed a delinquent act. Adjudication of delinquency shall not be deemed a conviction, nor shall it operate to impose any of the civil disabilities ordinarily resulting from a conviction. (Emphasis added.) Section 775.21(4)(a), in contrast, provides that an offender shall be classified a sexual predator only “upon conviction” of a qualifying offense. Section 775.21(2)(c) defines “conviction” as “a determination of guilt which is the result of a trial or the entry of a plea of guilty or nolo con-tendere, regardless of whether adjudication is withheld.” The state contends that if the legisl...
...on of the law, it could have excluded them from this definition. On the contrary, such exclusion was unnecessary, because section 985.233(4)(b) already expressly stated that an adjudication of delinquency is not a conviction. There 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....
...d found to have violated the law. Accordingly, the provision in section 985.233(4)(b), excluding adjudications of delinquency irom the definition of “conviction,” takes precedence in a juvenile’s case over the definition of “conviction” in section 775.21(2)(c), which generally applies to all sexual offenders....
CopyPublished | Florida 2nd District Court of Appeal | 1990 Fla. App. LEXIS 1430
were committed after the effective date of section
775.021, Florida Statutes (1988), the statute, as amended
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 | Florida 4th District Court of Appeal | 2007 Fla. App. LEXIS 3339, 2007 WL 674727
...4th DCA 2002) (“The events which bring about a revocation open a new chapter in which the court ought to be able to mete out any punishment within the limits prescribed for the crime.”). Appellant’s original crimes occurred prior to October 1, 1995, and section 775.21, et....
CopyPublished | Florida 2nd District Court of Appeal
violate the Blockburger2 test codified in section
775.021(4), Florida Statutes (2015). See Valdes, 3
CopyPublished | Florida 1st District Court of Appeal | 2012 Fla. App. LEXIS 3449, 2012 WL 695642
...is federal offenses qualify him for such designation. We agree and reverse. The State filed a petition alleging that Appellant met the criteria for designation as a sexual predator based on his federal convictions. The petition was filed pursuant to section 775.21(5)(a)3., Florida Statutes (2010), which provides: If the Department of Corrections, the department, or any other law enforcement agency obtains information which indicates that an offender who establishes or maintains a permanent, temp...
...offenses. Moreover, to the extent the sexual predator designation was implicitly based on the federal offenses referenced in the petition, the order does not include the requisite finding that the offenses are similar to a Florida offense listed in section 775.21(4)(a)....
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 | Florida 2nd District Court of Appeal | 2004 Fla. App. LEXIS 2683, 2004 WL 402407
...We affirm without discussion Brueckman’s contention that the circuit court erred by admitting child hearsay, see §
90.803(23), Fla. Stat. (2001), and by admitting his confession under section
92.565, Florida Statutes (2001). We also affirm Brueckman’s challenge to the constitutionality of section
775.21, Florida Statutes (2001)....
CopyPublished | Florida 5th District Court of Appeal | 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
CopyPublished | Florida 5th District Court of Appeal | 2011 Fla. App. LEXIS 3986, 2011 WL 1076999
...ld, the fifteen-year sentences imposed for each count are concurrent to one another. Second, as to the oral finding that Defendant is a sexual predator, we remand this case to the trial court to make the necessary written findings in accordance with section 775.21(5)(a)1., Florida Statutes (2007)....
CopyPublished | Florida 3rd District Court of Appeal
of the sentences be served concurrently.”); §
775.021(4)(a), Fla. Stat. (1989) (“Whoever, in the course
CopyPublished | Florida 4th District Court of Appeal
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
intent in this case, both parties rely on section
775.021(4)(a), Florida Statutes (2016), which authorizes
CopyPublished | Florida 2nd District Court of Appeal | 2006 WL 625865
...Jose Luis Castaneda was convicted of committing a lewd or lascivious battery on a child less than sixteen but older than twelve years of age in violation of section
800.04(4)(a), Florida Statutes (2004). Thereafter, the trial court found that Castaneda qualified for sexual predator designation pursuant to section
775.21, Florida Statutes (2004). Castaneda appeals the order designating him to be a sexual predator and the State concedes error. In Hickey v. State,
915 So.2d 663, 663 (Fla. 2d DCA 2005), this court held that in order to be designated a sexual predator under section
775.21(4), a person convicted under section
800.04 must meet either of two criteria....
...First, the offense must be a first-degree felony violation, or an attempt thereof, of section
800.04. Id. "Alternatively, the offense must be any felony violation, or attempt thereof, of section
800.04 and the offender must previously have been convicted of or pleaded to a violation of a crime specified in section
775.21(4)(a)(1)(b)." Id....
CopyPublished | Florida 4th District Court of Appeal
...arly contrary to legislative
intent.” (citation omitted)).
The language of section 934.0435 is different than the language of the
sexual predator statute, which specifically requires that the court make
findings at the time of sentencing. See § 775.21(5)(a)1., Fla....
...(2014)
(stating that “the court shall make a written finding at the time such
offender is determined to be a sexually violent predator . . . ”). That statute
states that if the court did not make the required findings at the time of
sentencing, the State must remove the offender from the registry. §
775.21(4)(c)1.–2., Fla. Stat. (2014). But if the findings are not made, the
state attorney must be notified and “shall bring the matter to the court’s
attention in order to establish that the offender meets the criteria for
designation as a sexual predator.” § 775.21(4)(c)2., Fla. Stat. (2014). The
court is provided authority to make written findings at that time. Id.; see
also § 775.21(5)(a)3., Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2009 Fla. App. LEXIS 2193, 2009 WL 633197
...g State v. Scott,
439 So.2d 219 (Fla.1983)). As to Mr. Pringle’s designation as a sexual predator, the State concedes that the record is incomplete and does not show whether Mr. Pringle’s predicate offenses qualify him as a sexual predator under section
775.21(4)(a), Florida Statutes (2006)....
CopyPublished | Florida 2nd District Court of Appeal | 2002 Fla. App. LEXIS 7991, 2002 WL 1233211
BLUE, Chief Judge. Darrell Brady challenges his designation as a sexual predator under section 775.21(4)(c), Florida Statutes (1999). He contends, and the State agrees, that the trial court erred because the civil designation as a sexual predator was not authorized by section 775.21(4)(c)....
CopyPublished | Florida 3rd District Court of Appeal
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
...3d DCA 2003), and remanded for reconsideration in light of Milks v. State,
894 So.2d 924 (Fla.2005). We reverse. The State of Florida charged the defendant, Eldrick Wooding, by information, with one count of failing to register as a *658 sexual predator as required by section
775.21(10)(a), Florida Statutes (2007). Wooding filed two motions to dismiss. The first motion was a general challenge to the constitutionality of section
775.21, and the second motion claimed that the statute, "as applied" to Wooding, was unconstitutional because it was vague and violated Wooding's equal protection rights, including the right to travel without having a permanent or temporary residence....
...Wooding,
940 So.2d 1109 (Fla.2006). Based upon the United States Supreme Court's holding in Connecticut Department of Public Safety v. Doe,
538 U.S. 1,
123 S.Ct. 1160,
155 L.Ed.2d 98 (2003), and the Supreme Court of Florida's holding in Milks, we conclude that section
775.21 is facially constitutional....
CopyPublished | Florida 4th District Court of Appeal | 1981 Fla. App. LEXIS 20333
before October 1, 1976, the effective date of Section
775.021(4), Florida Statutes, which authorizes multiple
CopyPublished | Florida 2nd District Court of Appeal
CopyPublished | District Court of Appeal of Florida | 1984 Fla. App. LEXIS 13724
single criminal transaction or episode. Although §
775.021(4), Fla.Stat., requires separate sentences for
CopyPublished | Florida 1st District Court of Appeal
of which are subsumed by the greater offense. §
775.021(4)(b), Fla. Stat. See Trappman, 49 Fla. L. Weekly
CopyPublished | Florida 3rd District Court of Appeal
Blockburger “same- elements” test, codified in section
775.021, Florida Statutes (2021), to determine whether
CopyPublished | Florida 2nd District Court of Appeal
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 | Florida 1st District Court of Appeal | 2013 Fla. App. LEXIS 9234, 2013 WL 2462116
...run afoul of the county’s transient policy, 1 which is set forth in a two-page signature form that sexual offenders (and sexual predators) are given to sign when they register: In accordance with Florida State Statutes
943.0435 (for offenders) and
775.21 (for predators), the Bay County Sheriffs Office is immediately enforcing new agency policy guidelines for sexual offenders and predators which addresses the transient status requirements for providing transient information to the Bay County Sheriffs Office in a specific timely manner....
...The Statutory requirements for the offender or predator are to provide an address for the transient residence or other location that he or she will be occupying during the time which he or she fails to establish or maintain a permanent or temporary residence, [pursuant to]
943.0435(4)(b) or [section]
775.21(g)(2)....
...egistrant might have: permanent, temporary, and transient. These definitions have specific statutory meanings. First, a “permanent residence” is defined as “a place where the person abides, lodges, or resides for 5 or more consecutive days.” § 775.21(k), Fla....
...and which is not the person’s permanent address or, for a person whose permanent residence is not in this state, a place where the person is employed, practices a vocation, or is enrolled as a student for any period of time in this state. *35 Id. § 775.21(l) (emphasis added)....
...n the aggregate during a calendar year and which is not the person’s permanent or temporary address. The term includes, but is not limited to, a place where the person sleeps or seeks shelter and a location that has no specific street address. Id. § 775.21(m) (emphasis added); see Ch....
CopyPublished | Florida 3rd District Court of Appeal | 2004 Fla. App. LEXIS 9939, 2004 WL 1515970
...Based on the State’s proper confession of error, we vacate the trial court’s order designating Sanchez as a sexual predator. Contrary to statutory requirements, no proof of a qualifying prior offense was introduced prior to designating Sanchez as a sexual predator. § 775.21(4) Fla....
CopyPublished | Florida 4th District Court of Appeal | 2004 Fla. App. LEXIS 9955, 2004 WL 1506164
...ual battery with a *1262 deadly weapon in a 1998 prosecution. In this appeal from an order denying his motion for post-conviction relief, the defendant argues that his automatic designation as a sexual predator under Florida’s Sexual Predator Act, § 775.21, Fla....
CopyPublished | Supreme Court of Florida | 32 Fla. L. Weekly Supp. 423, 2007 Fla. LEXIS 1192, 2007 WL 1932238
...tutes, or section
847.0145, Florida Statutes, or is a registered sexual predator or a registered sexual offender, or is under supervision for a criminal offense for which, but for the effective date, he or she would meet the registration criteria of section
775.21, Florida Statutes, section
943.0435, Florida Statutes, or section
944.607, Florida Statutes, the court must make a finding that the probationer or community eontrollee is not a danger to the public prior to release with or without bail....
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
CopyPublished | Florida 2nd District Court of Appeal | 1989 WL 73754
apparently been superseded by the enactment of section
775.021(4)(b), Florida Statutes (1988 Supp.), State
CopyPublished | Florida 3rd District Court of Appeal | 2002 Fla. App. LEXIS 9418, 2002 WL 1428822
...The Defendant was also required to enter and complete a juvenile offender center program and a mentally disordered.sexual offender program. On or about August 22, 2000, the State filed a Motion for the Defendant to be designated as a sexual predator pursuant to Section 775.21, Florida Statutes. The Defendant argued that Section 775.21 does not apply to juveniles who have been charged as adults but sentenced to juvenile sanctions. The trial court denied the State’s Motion and found that Section 775.21 does not include “adjudication of delinquency” in the definition of “conviction” for the purposes of determining who meets the criteria to be designated a sexual predator....
...r and concluded that the provision in Section 985.233(4)(b), Florida Statutes, which excludes adjudications of delinquency from the definition of “conviction,” takes precedence in the case of a juvenile over the definition of “conviction” in Section 775.21(2)(e), which generally applies to all sexual offenders....
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 | Florida 5th District Court of Appeal | 2015 Fla. App. LEXIS 9994, 2015 WL 4002298
...The State of Florida petitions this Court, seeking a writ of mandamus to compel the trial court to designate Cameron Burgess (“Respondent”), an out-of-state parolee who moved to Florida from Indiana, as a sexual predator. We dismiss the petition because the State failed to follow the procedures set forth in section 775.21(5)(a)3, Florida Statutes (2014), in the lower court and because the State seeks to compel a discretionary or judgmental function, namely requiring the trial court to rule in a certain way....
...uld have commenced a new case by filing a petition so that a hearing could be held for the purpose of a judicial determination as to whether Respondent’s Indiana criminal conviction meets the sexual predator criteria. This situation is governed by section 775.21(5)(a)3., which provides as follows: If the Department of Corrections, the department, or any other law enforcement agency obtains information which indicates that an offender who establishes or maintains a permanent, temporary, or tran...
...Gentry,
577 So.2d 965, 967 (Fla. 5th DCA 1991). Mandamus is not available here for two reasons. First, the State had no “established legal right” to require' the trial court to conduct a hearing in this matter unless the State complied with the procedure laid out in section
775.21(5)(a)3....
...Holden Cove, Inc. v. 4 Mac Holdings, Inc.,
948 So.2d 1041, 1042 (Fla. 5th DCA 2007). Thus, the alternative petition for writ of certiorari is premature and is also dismissed. Our denial is -without prejudice, should the State choose to file a petition pursuant to section
775.21(5)(a)3....
CopyPublished | Florida 1st District Court of Appeal
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
...3d 1090], 2013 [
113 So. 3d 754], and 2016 [
195 So. 3d 1088] and 2018.
11.15(b) FAILURE BY A SEXUAL PREDATOR TO COMPLY WITH
REGISTRATION REQUIREMENTS
(Failure to Provide Required Information)
§
775.21(6)(a)1., Fla....
...If
there is a stipulation, the court should not give the definition of “sexual predator”
or “convicted.”
2. (Defendant) established or maintained a permanent,
temporary, or transient residence in (name of county)
County, Florida.
Give 3a or 3b as applicable.
§ 775.21(6)(a)1., Fla....
...on item charged, as worded in the
statute)] [any one or more of the following items: [his] [her]
(name the unprovided registration items charged, as worded in
the statute)].
§ 775.21(6)(a)1.cd., Fla....
...3d 1088], and 2018.
11.15(c) FAILURE BY A SEXUAL PREDATOR TO COMPLY
WITH REGISTRATION REQUIREMENTS
(Failure to Comply with Registration of a Residence, Motor Vehicle,
Trailer, Mobile Home, or Manufactured Home)
§775.21(6)(a)1.ab., Fla....
...WITH REGISTRATION REQUIREMENTS
(Failure to Comply with [Registration] [or] [a Change] of [Enrollment]
[Employment] [Volunteering] [Carrying on a Vocation] at an Institution of
Higher Education)
§ 775.21(6)(a)1.bc., Fla. Stat. and § 775.21(6)(g)5.b.
To prove the crime of Failure by a Sexual Predator to Comply with
Registration Requirements, the State must prove the following three
elements beyond a reasonable doubt:
Give 1a or 1b as applicable.
1....
...3d 1204], and 2016 [
195 So. 3d 1088], and 2018.
11.15(e) FAILURE BY A SEXUAL PREDATOR TO COMPLY
WITH REGISTRATION REQUIREMENTS
(Failure to Report to Department of Highway Safety and Motor Vehicles)
§
775.21(6)(f), Fla....
...See instruction 11.15(l) for the applicable definitions.
Lesser Included Offenses
No lesser included offenses have been identified for this offense.
- 35 -
Comments
§ 775.21(6)(f), Fla....
...3d 1204], and 2016 [
195 So. 3d 1088], and 2018.
11.15(h) FAILURE BY A SEXUAL PREDATOR TO COMPLY
WITH REGISTRATION REQUIREMENTS
(Failure to Respond To Address Verification Correspondence)
§
775.21(10)(a), Fla....
...See instruction 11.15(l) for the applicable definitions.
Lesser Included Offenses
No lesser included offenses have been identified for this offense.
Comments
There are other penalties in § 775.21(10)(a), Fla....
...3d 1088], and 2018.
- 38 -
11.15(i) FAILURE BY A SEXUAL PREDATOR TO COMPLY
WITH REGISTRATION REQUIREMENTS
(Failure to Report Intent to Move to Another State,
Jurisdiction, or Country)
§ 775.21(6)(i), Fla....
...“Convicted” means there has been a determination of guilt as a result of
a trial or the entry of a plea of guilty or nolo contendere, regardless of
whether adjudication is withheld. (Note to Judge: For military, federal and out
of state convictions, see § 775.21(2)(e), Fla....
CopyPublished | Florida 4th District Court of Appeal
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
...Joseph Glenn, Sr., Daytona Beach, Pro se. Charles J. Crist, Jr., Attorney General, Tallahassee, and Wesley Heidt, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. The appellant, Joseph Glenn, Sr., challenges the constitutionality of section 775.21, Florida Statutes (2000), on both procedural and substantive due process grounds....
CopyAgo (Fla. Att'y Gen. 1999).
Published | Florida Attorney General Reports
...sh this purpose the Legislature requires that sexual predators register with the Department of Corrections or local law enforcement so that community and public notification can be provided concerning the presence of sexual predators. 21 Pursuant to section 775.21 (7), Florida Statutes (1998 Supplement), Florida's Sexual Predators Act, once a law enforcement agency has been notified of the presence of a sexual predator, the sheriff or chief of police must notify the community and is charged part...
...231.291(3)(c), Fla. Stat., providing that "[n]otwithstanding other provisions of this subsection, all aspects of the personnel file of each employee shall be made available to law enforcement personnel in the conduct of a lawful criminal investigation. 20 Section 775.21 (3)(c), Fla. Stat. (1998 Supp.). And see , s. 775.21 (3)(d), Fla. Stat. (1998 Supp.), which provides that upon a judicial finding that an offender is a sexual predator, members of the community and the public must be notified of the sexual predator's presence. 21 Section 775.21 (3)(b)3. and 4., Fla. Stat. (1998 Supp.). 22 Section 775.21 (7)(a), Fla. Stat. (1998 Supp.). 23 Section 775.21 (9), Fla....
CopyPublished | Florida 4th District Court of Appeal
...h, for appellee.
PER CURIAM.
Affirmed. See State v. McKenzie, 46 Fla. L. Weekly S271,
2021 WL
4314052, at *6 (Fla. Sept. 23, 2021) (“[A] circuit court has jurisdiction to
impose a sexual predator designation on an offender who qualifies under
section
775.21, when the sentencing court did not impose the designation
at sentencing and the offender’s sentence has been completed.”); Cuevas
v....
...3d DCA 2010) (determining that
designation as a sexual predator may be ordered after a defendant has
served his sentence and been released); Sheppard v. State,
907 So. 2d
1259, 1260 (Fla. 2d DCA 2005) (“This court has not declared that it would
be a double jeopardy violation for the[] employment restrictions [of current
section
775.21(10)(b), Florida Statutes] to be prospectively applied.”).
MAY, GERBER and FORST, JJ., concur.
* * *
Not final until disposition of timely filed motion for rehearing.
CopyPublished | Florida 4th District Court of Appeal | 2003 WL 22399730
...Lipson, Assistant Public Defender, West Palm Beach, for appellant. Charles J. Crist, Jr., Attorney General, Tallahassee, and Sue-Ellen Kenny, Assistant Attorney General, West Palm Beach, for appellee. PER CURIAM. The defendant appeals an order that rejected his argument that section 775.21(6), Fla....
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 2nd District Court of Appeal
...We find merit to the two issues he raises on appeal and therefore reverse his conviction. I. Background The State charged Richards with failing to register as a sexual predator (date of offense: May 1, 2014, to June 12, 2014), a third-degree felony governed by section 775.21, Florida Statutes (2013)....
...The information titled the offense as "FAILURE TO REGISTER AS A SEXUAL PREDATOR" and charged that Richards "did fail to provide required location information, or did otherwise fail, by act or omission, to comply with the requirements of Florida Statute 775.21 ; contrary to Chapter 775.21(10)(a)." During opening statements, Richards' counsel objected and argued that the State had never listed any witnesses to prove the element "that [Richards] knowingly failed to respond to an address verification correspondence from FDLE within three weeks of the correspondence." Defense counsel believed that this was the charged conduct because it is mentioned in section 775.21(10), the subsection cited in the information. Defense counsel stated that this was the charged conduct of which Richards was put on notice. The prosecutor stated that she had discussed with someone in the State Attorney's office that the office had charged a violation of section 775.21 and that they were going under "the 48-hour notice requirement which is actually (6)(g)." She admitted that "(10)(a) is penalty." The prosecutor asserted that the State "cited that statute and specifically pled required location inform...
...dn't specifically allege (g) in the information," referring to subsection (6)(g), and defense counsel agreed, again asserting that subsection (10) was the violation charged by the State. Defense counsel referred to the standard jury instructions for section 775.21(10) and the three elements that the State must prove for that conduct 1 and argued that that was *428 the offense of which Richards was put on notice by the language in the information....
...prosecution for the same offense. (Emphasis added.) The information in this case charged that Richards "did fail to provide required location information, or did otherwise fail, by act or omission, to comply with the requirements of Florida Statute 775.21 ; contrary to Chapter 775.21(10)(a)." Section 775.21 is a very lengthy statute, taking up over seven pages in the statute book. Most of section 775.21 sets forth the definitions applicable to sexual predators and the criteria and process for designating a defendant a sexual predator....
...ffice within 48 hours of the change or by failing to inform the sheriff's office of the change of address when he reported in May 2014. But nothing in the information informs Richards of the allegations against him; the information did not reference 775.21(6)(g) and did not include any elements of the charged offense. The information is in stark contrast to the detailed jury instructions given by the trial court. 5 The information did cite the specific statute violated, section 775.21. However, as noted above, section 775.21 contains numerous ways to violate the statute, and the information did not cite the particular subsection within the statute that would alert Richards to the nature of his violation....
...n regarding the charged conduct and what the State needed to prove at trial. Defense counsel objected, believing that the State had charged a different violation of the statute. Because the information lacked any elements of the offense but cited to section 775.21(10), it was reasonable for defense counsel to look to the standard jury instructions for section 775.21(10) to ascertain the elements of the charged offense....
...Although such an error is fundamental, we note that counsel's objection to the jury instructions was sufficient to preserve this error for review. See Wong v. State ,
212 So.3d 351 , 358 (Fla. 2017). Reversed and remanded for discharge. CRENSHAW and SLEET, JJ., Concur. The standard jury instruction applicable to section
775.21(10) specifically refers to correspondence from the Florida Department of Law Enforcement and requires the defendant to have either "knowingly failed to respond to address verification correspondence from the Florida Department of Law E...
...There are ten separate standard jury instructions relating to the various violations of subsection (6). See Fla. Std. Jury Instr. (Crim.) 11.15, 11.15(a)-(g), (i), (j). There are two more standard jury instructions relating to other subsections in section 775.21, namely subsections (10)(a) and (8)(a). See Fla. Std. Jury Instr. (Crim.) 11.15(h), (k). Florida Standard Jury Instruction (Crim.) 11.15(g) sets forth the different ways of committing an offense under section 775.21(6)(g)....
...porary address or a permanent address. The information, on the other hand, merely alleged that Richards "did fail to provide required location information, or did otherwise fail, by act or omission, to comply with the requirements of Florida Statute 775.21 ; contrary to Chapter 775.21(10)(a)."
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 | Florida 4th District Court of Appeal
dual burglary convictions are authorized by section
775.021(4)(b), Florida Statutes (2017), which provides:
CopyPublished | Florida 5th District Court of Appeal | 2017 Fla. App. LEXIS 565
...or an adjudication of delinquency entered separately, prior to the current offense and
sentenced or adjudicated separately from any other felony conviction that is to be counted
as a prior felony regardless of the date of offense of the prior felony." § 775.21(4)(b), Fla.
Stat....
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
CopyPublished | Florida 2nd District Court of Appeal | 2005 Fla. App. LEXIS 265, 2005 WL 280325
...State,
848 So.2d 1167 (Fla. 2d DCA), review granted,
859 So.2d 514 (Fla.2003), concluding that the Act is constitutional. Accordingly, we affirm and certify conflict with Espindola,
855 So.2d 1281 . Affirmed; conflict certified. ALTENBERND, C.J., and WALLACE, J., Concur. . §
775.21, Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2013 Fla. App. LEXIS 759, 2013 WL 195372
...Vince Boddison appeals the summary denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We affirm. We write only to clarify that ground one should have been considered under the version of section 775.21(4)(b), Florida Statutes, that was in effect at the time Boddison committed the crime....
...In ground one, Boddison asserts that his designation as a sexual predator was illegal because he did not have any qualifying offenses within the last ten years. In summarily denying this claim, it appears that the postconviction court applied the current version of section 775.21(4)(b), which allows qualifying offenses to be counted “regardless of the date of offense of the *18 prior felony.” But because Boddison’s offense occurred between April 1, 2003, and June 11, 2003, the 2002 version of the statute applies to Boddison’s designation as a sexual predator. Section 775.21(4)(b), Florida Statutes (2002), states, in relevant part: If the offender’s prior enumerated felony was committed more than 10 years before the primary offense, it shall not be considered a prior felony under this subsection if the o...
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 | Florida 5th District Court of Appeal | 1981 Fla. App. LEXIS 18611
of the law, the court should have applied section 775.-021(4), Florida Statutes (1979) and sustained
CopyPublished | Florida 4th District Court of Appeal
determine whether separate offenses exist. Id. Section
775.021(4), Florida Statutes, which codifies the Blockburger
CopyPublished | Florida 3rd District Court of Appeal | 1991 WL 2810
case were committed after the amendments to section
775.021(4), Florida Statutes (1989), became effective
CopyPublished | Florida 5th District Court of Appeal
...In addition, references will be
to a “driver license,” the phrase used in Florida Statutes, rather
than the colloquial “driver’s license.” See §
322.01(18), Fla. Stat.
(2024).
2
offenses, who used physical violence in such offenses, or who
preyed on children. §
775.21(3)(a), Fla....
...deemed sexual predation. That’s because the legislature has
3
declared that sexual predators “present an extreme threat to the
public safety” and “are extremely likely to use physical violence
and to repeat their offenses.” § 775.21(3)(a), Fla....
...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.” Id. § 775.21(3)(c).
Because of the “high level of threat that a sexual predator
presents to the public safety, and the long-term effects suffered
by victims of sex offenses,” the State has sufficient “justification
to implement a strategy that includes”:
3....
...requirement that complete and accurate information be
maintained and accessible for use by law enforcement
authorities, communities, and the public.
4. Providing for community and public notification
concerning the presence of sexual predators.
Id. § 775.21(3)(b)3....
...shoulders “a heavy burden of establishing its invalidity.”
Montgomery,
69 So. 3d at 1026 (citing Wright v. State,
739 So. 2d
1230, 1231 (Fla. 1st DCA 1999)).
A.
19
The Florida Sexual Predators Act, found in section
775.21,
Florida Statutes, governs those who have been convicted of
qualifying sexual offenses set forth therein. See §
775.21(4)(a),
Fla. Stat. To serve the State of Florida’s “compelling interest in
protecting the public from sexual predators and in protecting
children from predatory sexual activity,” see §
775.21(3)(c), Fla.
Stat., the Act requires that all individuals convicted of qualifying
offenses shall, at the time of sentencing, be designated a “sexual
predator.” See §
775.21(5), Fla. Stat. The convicted sexual
predator also is subjected to, inter alia, registration
requirements, see §
775.21(6), Fla. Stat., and public-notification
procedures. See §
775.21(7), Fla....
...at 1338 (citing Pacific Gas & Elec.
v. Pub. Utils. Comm’n of Cal.,
475 U.S. 1, 19 (1986)). The
SEXUAL PREDATOR marking before us passes constitutional
muster.
The inherently compelling state interest in protecting the
public and minor children from sexual offenses, see §
775.21(3)(c),
Fla....
CopyPublished | Florida 4th District Court of Appeal
Florida law pursuant to a 1988 amendment to section
775.021(4), Florida Statutes. Id. at 66-67. The court
CopyPublished | Florida 1st District Court of Appeal
different elements and none of the exceptions in section
775.021(4), Florida Statues, 4 apply. See Garcia v
CopyPublished | Supreme Court of Florida
regarding multiple punishments contained in section
775.021(4), Florida Statutes (2017). Finally, we consider
CopyPublished | Florida 4th District Court of Appeal
(1932). The Blockburger test is codified in section
775.021, Florida Statutes (2012), to determine whether
CopyPublished | Florida 1st District Court of Appeal | 2004 Fla. App. LEXIS 1153, 2004 WL 221043
PER CURIAM. Concluding that section 775.21, Florida Statutes, the Florida Sexual Predators Act, does not deny procedural due process under the Florida Constitution, we affirm the order under review....
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
...Tew Attorney for Town of Belleair Post Office Box 5124 Clearwater, Florida 33758-5124 Dear Mr. Tew: On behalf of the Town of Belleair, you have asked for my opinion on substantially the following question: What are the statutory requirements for community notification of the presence of sexual predators under section 775.21 , Florida Statutes? In sum: The Chief of Police of the Town of Belleair may use his or her best judgment in determining appropriate notice to be given to members of the community and the public of the presence of a sexual predator so long as the information required by section 775.21 (7), Florida Statutes, is included in the notice....
...Based on these questions it appears that your primary concern is the period of time during which the town must notify its residents of the presence of a sexual predator as a resident of the community. In adopting "The Florida Sexual Predators Act," section 775.21 , Florida Statutes, the Legislature clearly expressed its concern with the threat to society represented by sexual offenders and sexual predators 1 and determined that community and public notification of the presence of sexual predators serves a compelling state interest....
...specifically made a public record by the act. 6 The act authorizes FDLE to "adopt guidelines as necessary regarding the registration of sexual predators and the dissemination of information regarding sexual predators as required by this section." 7 Section 775.21 (7), Florida Statutes, sets out the statutory requirements for community and public notification....
...rdinate such notification efforts with FDLE. 9 In addition, the department is required to notify the public of all designated sexual predators through use of the Internet. This Internet notice must include all the information set out above. Finally, section 775.21 , Florida Statutes, provides that "[t]he department shall adopt a protocol to assist law enforcement agencies in their efforts to notify the community and the public of the presence of sexual predators." 10 A sexual predator must maint...
...ion with FDLE "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 postconviction proceeding for any offense that met the criteria for the sexual predator designation." 11 Section 775.21 (6), Florida Statutes, provides two methods for sexual predators to have that designation removed from the sexual predator registry....
...Releasing sexual offender information to law enforcement agencies and to persons who request such information, and releasing such information to the public by a law enforcement agency or public agency, will further the governmental interests of public safety. 13 Thus, it appears that section 775.21 (7), Florida Statutes, authorizes the chief of police or the sheriff to use his or her best judgment in determining the appropriate notice to be given to the community at large regarding the presence of a sexual predator....
...laws and safe practices. As a regularly scheduled function, these meetings would provide an on-going forum for local law enforcement agencies to provide notice to the community at large of the presence of sexual predators. 14 I would also note that section 775.21 (9), Florida Statutes, provides immunity to law enforcement agencies and their personnel and others from civil liability for damages for good faith compliance with the requirements of this section or for the release of information under this section....
...t the Chief of Police of the Town of Belleair may use his or her discretion in determining appropriate notice to be given to members of the community at large and the public of the presence of a sexual predator so long as the information required by section 775.21 (7), Florida Statutes, is included in the notice. There is no time limitation prescribed for the length of time such community notification must be maintained. Sincerely, Robert A. Butterworth Attorney General RAB/tgh 1 See , s. 775.21 (3), Fla. Stat., providing the legislative findings and purpose and legislative intent for adoption of the act. And see , s. 775.21 (4), Fla. Stat., for sexual predator criteria. 2 Section 775.21 (3)(c), Fla. Stat. 3 Section 775.21 (3)(b), Fla. Stat. And see , s. 775.21 (3)(e), Fla. Stat., stating: "It is the intent of the Legislature to address the problem of sexual predators by: . . . 3. Requiring community and public notification of the presence of a sexual predator, as provided in this section." 4 See, s. 775.21 (6), Fla. Stat., for registration requirements. And see , "Guidelines to Florida Sex Offender Laws," prepared and published by the Florida Department of Law Enforcement. 5 Section 775.21 (6)(h), Fla. Stat. 6 Section 775.21 (6)(k)2., Fla. Stat. 7 Section 775.21 (6)(k)3., Fla. Stat. 8 Section 775.21 (7)(a), Fla. Stat. 9 Section 775.21 (7)(b), Fla. Stat. 10 Section 775.21 (7)(d), Fla. Stat. 11 Section 775.21 (6)(l), Fla....
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 | Florida 2nd District Court of Appeal | 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
CopyPublished | Florida 3rd District Court of Appeal
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 4th District Court of Appeal | 1999 WL 1115446
codified in Florida at section
775.021(4), Florida Statutes (1997). Section
775.021(4) provides, in pertinent
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
CopyPublished | Florida 2nd District Court of Appeal
the other does not," codified at section
775.021(4)(a), Florida
CopyPublished | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 1440, 2010 WL 481023
...Appellant’s motion for rehearing is granted. The opinion of December 8, 2009, is withdrawn and the following opinion is hereby substituted therefor. Appellant appeals an order designating him as a sexual predator upon the state’s motion made pursuant to section 775.21(5)(c), Florida Statutes....
CopyPublished | Florida 4th District Court of Appeal
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 | Florida 5th District Court of Appeal
jeopardy analysis must—in accordance with section
775.021(4)[, Florida Statutes]— be conducted without
CopyPublished | Florida 1st District Court of Appeal
be construed most favorably to the accused.” §
775.021(1), Fla. Stat. (2014); see Thompson v. State,
CopyPublished | Florida 1st District Court of Appeal | 2015 Fla. App. LEXIS 19090, 2015 WL 9598283
...lent felony offender as defined in s.
775.084(l)(c) and has committed a qualifying offense on or after the effective date of this act; or 6. Felony probation or community control and has previously been found by a court to be a sexual predator under s.
775.21 and has committed a qualifying offense on or after the effective date of this act....
CopyPublished | Supreme Court of Florida
...are modified to reduce the length of time
for a person to qualify as living in a “permanent residence,” “temporary
residence,” or “transient residence” from five days to three days. These changes
are based on legislative amendments to section 775.21(2), Florida Statutes (2018).
See Ch....
...“Convicted” means there has been a determination of guilt as a result
of a trial or the entry of a plea of guilty or nolo contendere, regardless of
whether adjudication is withheld. (Note to Judge: For military, federal and out
of state convictions, see § 775.21(2)(e), Fla....
CopyPublished | District Court of Appeal of Florida | 1979 Fla. App. LEXIS 16225
statute with regard to this sentencing issue is Section
775.021(4), Florida Statutes (1976 Supp.): “(4) Whoever
CopyPublished | Florida 5th District Court of Appeal
...Florida Statutes (2016). The trial court sentenced Appellant according to the plea agreement to time served and five years of sex offender probation, and designated him a sexual predator. A defendant will be designated a sexual predator pursuant to section 775.21(4), Florida Statutes, (1) if he or she was convicted of a capital, life, or first-degree felony violation of several enumerated statutory sections, or (2) if he or she was convicted of any qualifying felony and he or she has previously been convicted of any qualifying, violation listed in section 775.21(4)(a)1.b., Florida Statutes (2016)....
...Here, Appellant was not convicted of a capital, life, or first-degree felony. He was convicted of a second-degree felony under section
800.04(4)(a), which is a qualifying felony. However, the State properly concedes the record does not conclusively demonstrate that he has a previous qualifying conviction listed in ' section
775.21(4)(a)l.b., Florida Statutes (2016)....
CopyPublished | Florida 1st District Court of Appeal
...910.15(1), and the
court did not err in denying the motion for judgment of acquittal. 1
II
At sentencing, the State offered Debose’s prior conviction in
Colorado to support designation as a sexual predator. Section
775.21(4)(a) requires an offender to be designated a sexual
predator upon conviction of certain crimes....
...resulting from the conviction of certain crimes[,]” it is unclear
whether an alleged error in sexual predator designation is a
“sentencing error” that may be raised by motion under Florida
Rule of Criminal Procedure 3.800(b), as Debose did here.
§ 775.21(3)(d), Florida Statutes....
...dure 3.800(a),
which requires an illegal sentence. See Saintelien v. State,
990 So.
2d 494 (Fla. 2008). Accordingly, we do not address this issue here.
3
A
When it enacted section
775.21, “The Florida Sexual
Predators Act,” in 1993, the Legislature found that “[t]he high level
of threat that a violent or repeat sex offender present[ed] to the
public safety ....
...provide[d] the state with sufficient justification to
design and implement innovative mechanisms as part of a strategy
to achieve a significant reduction in the commission of violent and
repeat sex offenses[.]” Ch. 93-277, § 1, Laws of Fla.; see also
§ 775.21(3)(b), Fla. Stat. (same). The Act sets forth criteria
qualifying an offender for sexual predator status, which has gone
almost unaltered since its enactment. Compare ch. 93-277, Laws
of Fla. with § 775.21(4), Fla....
...activity involved at least one sexual offense listed in this
sub-subparagraph or at least one offense listed in this
sub-subparagraph with sexual intent or motive; s.
916.1075(2); or s.
985.701(1); or a violation of a similar
law of another jurisdiction[.]
§
775.21(4)(a), Fla....
...Requiring sexual predators to register with the
Florida Department of Law Enforcement, as provided in
this section; and
3. Requiring community and public notification of
the presence of a sexual predator, as provided in this
section.
7
§ 775.21(3), Fla....
...Despite the difference in the elements of the two
crimes, such that one could violate the Texas law when the act
would not violate the Florida law, the Supreme Court of Florida
still deemed the laws “similar” for the purposes of section
787.025(2)(c), Florida Statutes. Because the same language is used
in section
775.21(4)(a), we should reach the same result.
Accordingly, we find section 18-3-405.3(1), Colorado Revised
Statutes, is “similar” to section
794.011(8)(b), Florida Statutes, for
the purpose of designation as a sexual predator under...
...statute, is a first degree felony that triggers the sexual predator
designation whereas the [Florida offense that does not require
coercion] is a second degree felony which does not.” Montgomery,
183 So. 3d at 1045.
This reasoning is incorrect. Section
775.21(4)(a)1.b., which is
set out in full above, establishes a list of offenses that can result in
10
sexual predator designation if the offender has at least one of the
enumerated prior violations. Nothing in section
775.21(4)(a)1.b.
indicates that only first-degree felonies can trigger sexual predator
designation....
...purpose of sentencing under the then-existing “Sentencing
Guidelines.” The Court highlighted that the notes accompanying
rule 3.701 suggested that “[a]ny uncertainty in the scoring of the
3 It is possible that the Montgomery court confused sub-
subparagraph a. of section 775.21(4)(a)1....
...More
generally, Dautel involved sentencing, which carries constitutional
considerations that are not present in the context of the Sexual
Predators Act. See State v. McKenzie,
331 So. 3d 666, 673 (Fla.
2021) (“The imposition of sexual predator status under section
775.21 is related to the underlying criminal offense—but is not
itself a sentence or punishment.” (emphasis supplied))....
...avor, 5 give
Dautel limited applicability to the Sexual Predators Act. Unlike
the sentencing rules, the Sexual Predators Act does not require an
interpretative presumption in favor of the defendant, which would
be inconsistent with the priority that section 775.21(3) puts on the
safety of potential victims.
3
Fike v....
...h as Dautel were
binding “because being designated a sexual predator does not
implicate the same considerations or concerns involved in
sentencing” noting that “[s]exual predator designation is not a
punishment, only a status.” Id.; see also § 775.21(3)(d), Fla....
...ight include
situations where an offender’s authority over the victim is not
characterized exactly the same way, but these distinctions do not
alter this basic fact. To claim otherwise would “thwart the purpose
of the statute expressly stated in section 775.21(3)(d).” McKenzie,
331 So....
...scoresheet[]”).
IV
We affirm Debose’s conviction and sentence. We further hold
that the trial court did not err in concluding that Debose’s Colorado
conviction was a qualifying previous violation for the purposes of
section 775.21(4)(a)1.b., and in designating him a sexual predator
under section 775.21, Florida Statutes....
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 | District Court of Appeal of Florida | 1997 Fla. App. LEXIS 13669, 1997 WL 759583
...The statute as amended, however, looks to the now repealed sections 775.22 and 775.23 to define the predicate offenses necessary for classification as a sexual predator with regard to offenses committed on or after October 1, 1993, and before October 1, 1995. See § 775.21(4), Fla....
CopyPublished | Florida 3rd District Court of Appeal
SCHWARTZ, Chief Judge. Even assuming the correctness of our holding in Espindola v. State,
855 So.2d 1281 (Fla. 3d DCA 2003), appeal docketed, No. SC 03-2103 (Fla. Nov. 10, 2003)(argued Oct. 7, 2004), that the Florida Sexual Predator Act, section
775.21, Florida Statutes (1999), is unconstitutional, contra Milks v....
CopyPublished | Florida 3rd District Court of Appeal
LOBREE, JJ. PER CURIAM. Affirmed. §
775.021(4)(a), Fla. Stat. (2018) (“Whoever, in the course
CopyPublished | Florida 5th District Court of Appeal | 2008 Fla. App. LEXIS 11879, 2008 WL 3154303
...He was convicted of committing the first-degree felony of sexual battery on a person, who by reason of a mental disease or defect, was incapable of appraising the nature of her conduct. §
794.011(l)(b),(4)(e), Fla. Stat. (2003). This is one of the crimes enumerated under the Florida Sexual Predator Statute, section
775.21(4)(a)l.a, Florida Statutes (2003): The felony is a capital, life, or first-degree felony violation, or any attempt thereof, of s....
...847.0145, or a violation of a similar law of another jurisdiction ... [Emphasis supplied]. Cabrera contends that to be designated a sexual predator, he must have committed the crime against a minor. As the trial court correctly noted in its order, the requirement under section 775.21(4)(a)l.a, Florida Statutes (2003), that the victim be a minor applies only to the offenses of kidnapping and false imprisonment....
CopyPublished | Florida 2nd District Court of Appeal | 2004 Fla. App. LEXIS 11410, 2004 WL 1736795
FULMER, Judge. Richard A. Meyers appeals the order designating him as a sexual predator pursuant to section 775.21(4)(a)(l), Florida Statutes (2001)....
...An offender convicted of a violation of section
800.04 as a second-degree felony shall be designated a sexual predator if the offender has previously been convicted of or found to have committed, or pled nolo contendere or guilty to, regardless of adjudication, any of certain statutorily enumerated offenses. §
775.21(4)(a)(1)(b), Fla....
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 | 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.
CopyPublished | Supreme Court of Florida | 2014 WL 4636358
...3d 1090],and 2013 [
113 So. 3d 754], and 2014.
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....
...2d 531] and amended in 2014.
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....
...3d 1090] and 2014.
- 39 -
11.15(b) FAILURE TO REGISTER AS BY A SEXUAL PREDATOR TO
COMPLY WITH REGISTRATION REQUIREMENTS (Failure to Comply
with Registration RequirementsProvide Required Information)
§ 775.21(6)(a)1, Fla....
...3d 754], and 2014.
11.15(c) FAILURE TO REGISTER AS BY A SEXUAL PREDATOR TO
COMPLY WITH REGISTRATION REQUIREMENTS
(Failure to Comply with Registration of a Residence, Motor Vehicle, Trailer,
Mobile Home, or Manufactured Home)
§775.21(6)(a)1.a., Fla....
...3d 1090], and 2014.
11.15(d) FAILURE TO REGISTER AS BY A SEXUAL PREDATOR TO
COMPLY WITH REGISTRATION REQUIREMENTS
(Failure to Comply with Registration of Enrollment or
Employment in Institutions of Higher Education)
§ 775.21(6)(a)1.b., Fla....
...ended
in 2012 [
85 So. 3d 1090], and 2014.
11.15(e) FAILURE TO REGISTER AS BY A SEXUAL PREDATOR TO
COMPLY WITH REGISTRATION REQUIREMENTS
(Failure to Report to Department of Highway Safety and Motor Vehicles)
§
775.21(6)(f), Fla....
...3d 1090], and 2014.
11.15(f) FAILURE TO REGISTER AS BY A SEXUAL PREDATOR TO
COMPLY WITH REGISTRATION REQUIREMENTS
(Failure to Provide Other Necessary Information Requested by Department of
Law Enforcement)
§ 775.21(6)(a)2, Fla....
...3d 1090], and 2014.
11.15(g) FAILURE TO REGISTER AS BY A SEXUAL PREDATOR TO
COMPLY WITH REGISTRATION REQUIREMENTS
(Failure to Report Change of Name or Address within the State or
Jurisdiction)
§ 775.21(6)(g), Fla....
...vised amended
in 2012 [
85 So. 3d 1090], and 2014.
11.15(h) FAILURE TO REGISTER AS BY A SEXUAL PREDATOR TO
COMPLY WITH REGISTRATION REQUIREMENTS
(Failure to Respond To Address Verification Correspondence)
§
775.21(10)(a), Fla....
...ed
in 2012 [
85 So. 3d1090], and 2014.
11.15(i) FAILURE TO REGISTER AS BY A SEXUAL PREDATOR TO
COMPLY WITH REGISTRATION REQUIREMENTS
(Failure to Report Intent to Move to Another State or Jurisdiction)
§
775.21(6)(i), Fla....
...3d 1090], and2013 [
113 So. 3d 754], and 2014.
11.15(j) FAILURE TO REGISTER AS BY A SEXUAL PREDATOR
TO COMPLY WITH REGISTRATION REQUIREMENTS
(Failure to Report Intent to Remain within the State or Jurisdiction)
§
775.21(6)(j), Fla....
...3d 1090], and 2014.
- 63 -
11.15(k) FAILURE TO REGISTER AS BY A SEXUAL PREDATOR TO
COMPLY WITH REGISTRATION REQUIREMENTS
(Failure to Register Quarterly)
§ 775.21(8)(a), Fla....
CopyPublished | Florida 5th District Court of Appeal
...Case No. 5D21-3114
LT Case No. 2019-300771-CFB
COHEN, J., concurring specially.
The issue in this appeal would have been whether Lafe Travis Best
was correctly designated a sexual predator under section 775.21(4)(a),
Florida Statutes (2018), Florida’s Sexual Predators Act....
...Best’s sexual predator designation stemmed
from his conspiracy to commit sexual battery conviction. The convictions for
possession of sexual performance by a child could not be a basis for the
designation because Best had not been previously convicted under one of
the enumerated statutes. See § 775.21(4)(a)1.b., Fla....
...was no aggravating reason for such a designation, he was not integrally
involved in the events, he had never met the child-victim, and such
designation “would offend justice.” The State responded that Best was
required to be designated as a sexual predator pursuant to section
775.21(4)(a) because he pled to, and was about to be convicted of, a first-
degree felony under section
794.011....
...under subsection (7) if:
1. The felony is:
a. A capital, life, or first degree felony violation, or any
attempt thereof, of . . . s.
794.011, . . . or a violation
of a similar law of another jurisdiction[.]
§
775.21(4)(a)1.a., Fla....
...It
is a standalone crime with its own punishment scheme, and a violation of the
statute does not constitute a violation of any other criminal statutes.”).
Likewise, here, the sexual predator statute requires such a designation
if Best was convicted of a violation of section
794.011, or any attempt thereof.
See §
775.21(4)(a)1.a., Fla....
CopyPublished | Supreme Court of Florida
Finally, there is the rule of lenity. Through section
775.021(1), Florida Statutes, the Legislature has
CopyPublished | Florida 2nd District Court of Appeal | 2012 WL 3588370, 2012 Fla. App. LEXIS 14004
...e copy, but it appears to contain the phrase "lewd molestation (F2)." . We also point out that even though Contreras-Garcia argued that he would not qualify as a sexual predator if he was convicted of a second-degree felony under section
800.04, see §
775.21(4)(a)(l), Fla....
CopyPublished | Florida 1st District Court of Appeal
...ound to be separate under
Blockburger, then the lesser offense is not subsumed by the greater
offense”); State v. Florida,
894 So. 2d 941, 947 (Fla. 2005),
disapproved on other grounds by Valdes v. State,
3 So. 3d 1067 (Fla.
2009) (explaining that section
775.21(4)(b)(3) only applies to
category 1 necessary lesser-included offenses and not to category 2
permissive lesser-included offenses)....
CopyPublished | Florida 5th District Court of Appeal | 2004 Fla. App. LEXIS 12216, 2004 WL 1856075
THOMPSON, J. Eddie E. Newingham appeals his designation as a sexual predator based solely upon his criminal conviction pursuant to section 775.21(4)(a)(l)(a), Florida Statutes....
CopyPublished | Florida 3rd District Court of Appeal | 2010 Fla. App. LEXIS 12192, 2010 WL 3239099
...Before COPE and CORTIÑAS, JJ., and SCHWARTZ, Senior Judge. PER CURIAM. This is an appeal of an order denying a motion to correct illegal sentence under Florida Rule of Criminal Procedure 3.800(a). The defendant contends that he does not qualify as a sexual predator under section 775.21, Florida Statutes....
...to be decided as of the date of sentencing. See id. at 944. At the time of defendant's sentencing in 1999, an offender qualified under the Act if the offense was an attempt to commit a capital, life, or first-degree felony violation of chapter 794. § 775.21(4)(c)1.b., Fla....
CopyPublished | Florida 5th District Court of Appeal | 2001 Fla. App. LEXIS 11497
...ivious assault on a person *136 under the age of sixteen. Subsequent to his convictions for these offenses, the trial court granted the State’s motion to declare Kelly to be a sexual predator pursuant to the Florida Sexual Predators Act (the Act), section 775.21, Florida Statutes (2000). Kelly appeals his convictions and the trial court’s declaration finding him to be a sexual predator. We affirm his convictions and the sexual predator designation. The only issue raised by Kelly that warrants discussion is whether section 775.21 requires the trial court to find that an individual is a sexual predator if the statutory criteria are established....
...We disagree and hold that the Act is mandatory and does not violate the separation of powers clause. Specific Provisions Of The Act Clearly Indicate The Legislature’s Intent That It Be Mandatory The language of the Act clearly indicates that the Legislature intended it to be mandatory. The Act specifically provides in section 775.21(4)(a) that if the statutory criteria are met, “an offender shall be designated as a ‘sexual predator’ under subsection (5), and subject to registration under subsection (6) and community and public notification.......
...Therefore, the word “shall” means the designation must be declared if the criteria are met and that the trial court has no discretion to do otherwise. Other provisions of the Act clearly indicate the Legislature’s intent to make the declaration mandatory. Section 775.21(3)(d) states that “[i]t is the purpose of the Legislature that, upon the court’s written finding that an offender is a sexual predator, in order to protect the public, it is necessary that the sexual predator be registered with the department and that members of the community and the public be notified of the sexual predator’s presence.” (Emphasis supplied). Section 775.21(5)(a)l....
...The Legislature enacted the Act based on its finding that “[rjepeat sexual *138 offenders, sexual offenders who use physical violence, and sexual offenders who prey on children are sexual predators who present an extreme threat to the public safety.” § 775.21(3)(a), Fla. Stat. (2000). Moreover, the Legislature found that “[t]he state has a compelling interest in protecting the public from sexual predators and in protecting children from predatory sexual activity,” section 775.21(3)(c), Florida Statutes (2000), and that “in order to protect the public, it is necessary that the sexual predator be registered with the department and that members of the community and the public be notified of the sexual predator’s presence.” § 775.21(3)(d), Fla....
CopyPublished | Florida 1st District Court of Appeal
instructions * The rule of lenity, codified in section
775.021, Florida Statutes, requires that penal statutes
CopyPublished | Florida 2nd District Court of Appeal | 2002 Fla. App. LEXIS 11682, 2002 WL 1877092
PER CURIAM. In his petition for writ of prohibition Shane Welch asks this court to terminate his prosecution in Polk County for violating certain sexual predator reporting requirements, criminalized by section 775.21(10), Florida Statutes (2000)....
...Welch was successfully prosecuted and declared a sexual predator by the circuit court in Polk County and was sentenced to prison. Upon his release from confinement early in 2000, he returned to Polk County and abided by the registration requirements of section 775.21(6)....
...d to register as a sexual predator “on or between November 1, 2000 and March 7, 2001 with the Florida Department of Highway Safety and Motor Vehicles (DHSMV) and the Florida Department of Law Enforcement (FDLE).” The registration requirements of section 775.21(6)(g) mandate that qualifying sexual predators must, within forty-eight hours of a change of the predator’s residence, report in person to a driver’s license office and comply with the initial reporting demands of section 775.21(6)(f), which the parties agree Welch satisfied upon his release from prison. The parties also agree that Welch, upon relocating his residence late in 2000, failed to conform to the registration obligations of section 775.21(6)(g)....
...ted. The statute in question that authorizes Welch’s prosecution in Polk County for his omission of failing to register reads: Prosecutions for acts or omissions. A sexual predator or sexual offender who commits any act or omission in violation of s. 775.21, s....
CopyPublished | Florida 4th District Court of Appeal | 2000 Fla. App. LEXIS 10386, 2000 WL 1154060
...ibiting him from introducing additional evidence of the victim’s motive and bias. However, we reverse the order declaring him to be a sexual predator because he does not have the requisite enumerated prior convictions according to the statute. See § 775.21 Fla....
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
...See §§
322.141(3)(b),
943.0435, Fla. Stat. For
sexual predators, the licenses and cards must bear the marking,
“SEXUAL PREDATOR.” See id. §
322.141(3)(a). Sexual predators
are sexual offenders whose sex crimes involve repeat offenses,
violence, or crimes against minors. Id. §
775.21(3)(a). They are
subject to enhanced registration, public notification, and address
verification. Id. §
775.21(6)–(8), (10).
The facts of this case are undisputed....
...The Department
continues to issue licenses for the State of Florida today. See §
322.02(2), Fla. Stat. (2019).
2 Initially, Florida adopted a driver license designation for
sexual predators that merely referenced The Florida Sexual
Predators Act as follows: “
775.21, F.S.” See §
322.141(3)(a), Fla.
Stat....
...When an individual
with sexual predator status is living in the community—i.e., not
incarcerated—he or she must obtain, if qualified, either an
identification card or driver license with the sexual predator
designation within 48 hours of registration. See §
775.21(6)(f),
Fla. Stat.; see also id. §
322.141(3). This is due to “[t]he high level
of threat that a sexual predator presents to the public safety, and
the long-term effects suffered by victims of sex offenses[.]” Id. §
775.21(3)(b)(3); see also id. §
775.21(3)(d) (“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...
...adjudicated by the judicial branch. See Art. III, §§ 7, 8(a), Fla.
Const.; id. Art. VI § 1. After being convicted through the
adversarial process, this collateral consequence appears on the
face of the predator’s government identification. See §
775.21(3)(d), Fla....
...governmental objective as punishment.”).
Crist’s designation informs those for whom he voluntarily or
mandatorily presents his license10 that he has been convicted of a
crime the government found necessary to publicize for public
safety. See § 775.21(3)(b)4.–5., Fla....
...Thus, one
who challenges a statute’s constitutionality shoulders “a heavy
burden of establishing its invalidity.” Montgomery,
69 So. 3d at
1026 (citing Wright v. State,
739 So. 2d 1230, 1231 (Fla. 1st DCA
1999)).
A.
The Florida Sexual Predators Act, found in section
775.21,
Florida Statutes, governs those who have been convicted of
qualifying sexual offenses set forth therein. See §
775.21(4)(a), Fla.
Stat. To serve the State of Florida’s “compelling interest in
protecting the public from sexual predators and in protecting
children from predatory sexual activity,” §
775.21(3)(c), Fla. Stat.,
the Act requires that all individuals convicted of qualifying
offenses shall, at the time of sentencing, be designated a “sexual
predator,” §
775.21(5), Fla. Stat. The convicted sexual predator
also is subjected to, inter alia, registration requirements, see §
775.21(6), Fla. Stat., and public-notification procedures, see §
775.21(7), Fla....
...at 1338 (citing Pacific Gas & Elec. v. Pub. Utils.
Comm’n of Cal.,
475 U.S. 1, 19 (1986)). The SEXUAL PREDATOR
marking before us passes constitutional muster.
The inherently compelling state interest in protecting the
public and minor children from sexual offenses, see §
775.21(3)(c),
Fla....
...offender statute, “section
943.0435,” rather than a phrase such as
“SEXUAL OFFENDER,” or the like. In general, sexual predators
are sexual offenders who have committed two or more sexual
offenses, who used physical violence in such offenses, or who
preyed on children. §
775.21(3)(a), Fla....
...icted of offenses
deemed sexual predation. That’s because the legislature has
declared that sexual predators “present an extreme threat to the
public safety” and “are extremely likely to use physical violence
and to repeat their offenses.” § 775.21(3)(a), Fla....
...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.” Id. § 775.21(3)(c).
Because of the “high level of threat that a sexual predator
presents to the public safety, and the long-term effects suffered
by victims of sex offenses,” the State has sufficient “justification
to implement a strategy that includes”:
3....
...requirement that complete and accurate information be
maintained and accessible for use by law enforcement
authorities, communities, and the public.
4. Providing for community and public notification
concerning the presence of sexual predators.
Id. § 775.21(3)(b)3....
CopyPublished | Florida 5th District Court of Appeal | 2008 WL 3539478
...Specifically, he argues that, because he did not intentionally exploit a child, the application of the sexual predator designation to him is irrelevant to the protection of children (the purpose of the statute) and, therefore, "raises a due process claim." We again disagree. Section 775.21 of the Florida Statutes (2007) sets forth the provisions of Florida's Sexual Predator Act. As it relates to the defendant, the Act provides as follows: 775.21....
...y violation of s.
787.01, s.
787.02, or s.
787.025(2)(c), where the victim is a minor and the defendant is not the victim's parent or guardian; s.
794.011, excluding s.
794.011(10). .... or a violation of a similar law of another jurisdiction; *1261 §
775.21(4), Fla....
CopyPublished | Florida 4th District Court of Appeal
2d 17 (1983). Also, as required by section
775.021(1), Florida Statutes (2000), a strict
CopyPublished | Florida 3rd District Court of Appeal
...HENDON, J.
Gilberto Alvarez appeals the denial of his motion to correct an illegal
sentence pursuant to Florida Rule of Criminal Procedure 3.800, challenging
the trial court’s 2015 finding that Alvarez is a sexual predator pursuant to
section 775.21, Florida Statutes (2015)....
...minor, and one count of lewd and lascivious conduct on a child under the
age of twelve. Alvarez was sentenced to life in prison on both counts. The
trial court subsequently entered an order amending the original sentence,
finding Alvarez to be a sexual predator pursuant to section 775.21....
...judgment designation violated his due process and double jeopardy rights.
We disagree.
The 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. § 775.21, Fla. Stat. (2015). Thus, designation as a sexual predator
pursuant to Section 775.21 is “regulatory and procedural in nature,” and
“[r]egulatory statutes do not constitute punishment.” Gonzalez v....
...State,
808
So. 2d 1265, 1266 (Fla. 3d DCA 2002) (quoting Fletcher v. State,
699 So. 2d
2
346, 347 (Fla. 5th DCA 1997)). See Cuevas v. State,
31 So. 3d 290, 291
(Fla. 3d DCA 2010) (holding that application of section
775.21 “does not
violate the ex post facto clause or impermissibly modify a criminal sentence
or punishment.”); Fletcher, 669 So....
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 | Florida 3rd District Court of Appeal
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 | Florida 2nd District Court of Appeal
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
has codified the double jeopardy bar within section
775.021(4)(a)-(b), Florida Statutes (2015).” McCullough
CopyPublished | Florida 1st District Court of Appeal
...ild pornography in violation
of section
827.071, Florida Statutes (2016). He was sentenced to
an aggregate term of 25 years in prison followed by a total of 25
years of sex offender probation, and he was also designated a
sexual predator pursuant to section
775.21(4)(a)1.b....
...1st DCA 2010). And,
because Appellant has received the benefits of the plea
agreement, 2 he cannot now seek to be relieved of one of the
burdens imposed on him by the agreement. Id.
Second, in order to be designated a sexual predator pursuant
to section
775.21(4)(a)1.b., the defendant must be “convicted” of a
current offense that is a felony violation of an enumerated statute
(such as section
827.071), and the defendant must also have
previously “been convicted of or found to have committed” a
violation of one of those enumerated statutes. Although an
adjudication of delinquency does not qualify as a conviction for
purposes of the current offense, see State v. J.M.,
824 So. 2d 105
(Fla. 2002), it does qualify for purposes of the prior offense
because section
775.21(4)(b) unequivocally states that “[i]n 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 the
current offense . . .” (emphasis added). Here, Appellant was
convicted—not adjudicated delinquent—of a current offense
enumerated in section
775.21(4)(a)1.b., and although the record
does not reflect the specific prior offense for which he was
2 For example, the 25-year prison sentence Appellant
received pursuant to the agreement is far less than the maximum
potential sentence of 135 years that he was facing.
2
adjudicated delinquent, 3 Appellant has not argued—below or on
appeal—that the prior offense was not a violation of one of the
statutes enumerated in section
775.21(4)(a)1.b....
...a juvenile delinquent” in 1999. However, the order designating
Appellant as a sexual predator states that Appellant “has
previously been convicted or found to have committed . . . any
violation of s.
800.04,” and section
800.04 is one of the statutes
enumerated in section
775.21(4)(a)1.b.
3
CopyPublished | Florida 1st District Court of Appeal | 2004 Fla. App. LEXIS 5417, 2004 WL 832890
...al on the ground that it denies procedural due process. Appellant’s argument is without merit. We have recently rejected the same constitutional challenge both under section
943.0435, see Ames v. State,
870 So.2d 203 (Fla. 1st DCA 2004), and under section
775.21, The Florida Sexual Predator Act....
CopyPublished | Florida 1st District Court of Appeal | 2004 Fla. App. LEXIS 5357, 2004 WL 825592
PER CURIAM. AFFIRMED. See Therrien v. State,
859 So.2d 585, 587 (Fla. 1st DCA) (rejecting appellant’s argument that section
775.21, Florida Statutes (2000), violated his right to procedural due process, because it did not require a hearing to determine whether he posed a danger to the public), review pending, No....
CopyPublished | Florida 4th District Court of Appeal | 2015 Fla. App. LEXIS 5502, 2015 WL 1666740
...Hadi,
932 So. 2d 1086, 1089 (Fla. 2006).
Montgomery is eligible for a sexual predator designation if the
Pennsylvania law he was convicted of violating is similar to one of the
enumerated Florida laws that qualify for the designation. See
§
775.21(4), Fla....
...In determining that Montgomery’s Pennsylvania conviction does not
qualify him for a sexual predator designation, we also reject the State’s
argument that the trial court may look to the underlying facts of the
qualifying offense to establish whether two laws are similar. Section
775.21(4) expressly refers to “a similar law of another jurisdiction,” as
opposed to similar conduct. See § 775.21(4), Fla....
CopyPublished | Florida 4th District Court of Appeal | 1998 Fla. App. LEXIS 3859, 1998 WL 171425
KLEIN, Judge. After appellant was convicted of sexual battery on a child and indecent assault, he was declared a sexual predator pursuant to section 775.21, Florida Statutes (1993)....
CopyPublished | Florida 5th District Court of Appeal
construction of “custodial authority” as required by section
775.021(1). Id. at 1357–58 (quoting Hallberg v. State
CopyPublished | Florida 2nd District Court of Appeal | 2004 Fla. App. LEXIS 5012, 2004 WL 784677
FULMER, Judge. Bryan Darrell Allen appeals an order designating him a sexual predator pursuant to the Florida Sexual Predators Act (the Act), section 775.21, Florida Statutes (2002)....
CopyPublished | Florida 4th District Court of Appeal
wholly subsumed by the greater offense. §
775.021(4)(b), Fla. Stat. Pizzo v. State,
945 So. 2d
CopyPublished | Florida 1st District Court of Appeal | 2013 WL 1482754, 2013 Fla. App. LEXIS 5789
PER CURIAM. The appellant filed the instant rule 3.800(a) motion arguing that the trial court erred by sentencing him as a Sexual Predator. He claims that the attempted sexual battery occurred prior to the effective date of the Sexual Predators Act, section 775.21(4)(a), Florida Statutes, which states that the Sexual Predators Act applies to offenses committed on or after October 1, 1993....
CopyPublished | Florida 5th District Court of Appeal | 2011 Fla. App. LEXIS 4679, 2011 WL 1195882
...Appellant challenges the order designating him a sexual predator. Appellant was adjudicated guilty under section
847.0135(3) and (4), Florida Statutes (2009). As the State properly concedes, neither of these violations are qualifying offenses under the Florida Sexual Predators Act, section
775.21, Florida Statutes....
