Florida Statute 775.24 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 775
GENERAL PENALTIES; REGISTRATION OF CRIMINALS

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F.S. 775.24

775.24 Duty of the court to uphold laws governing sexual predators and sexual offenders.—

(1) The Legislature finds that, for the purpose of approving a plea agreement or for other reasons, certain courts enter orders that effectively limit or nullify requirements imposed upon sexual predators and sexual offenders pursuant to the laws of this state and prevent persons or entities from carrying out the duties imposed, or exercising the authority conferred, by such laws. The laws relating to sexual predators and sexual offenders are substantive law. Furthermore, the Congress of the United States has expressly encouraged every state to enact such laws, and has provided that, to the extent that a state’s laws do not meet certain federal requirements, the state will lose significant federal funding provided to the state for law enforcement and public safety programs. Unless a court that enters such an order determines that a person or entity is not operating in accordance with the laws governing sexual predators or sexual offenders, or that such laws or any part of such laws are unconstitutional or unconstitutionally applied, the court unlawfully encroaches on the Legislature’s exclusive power to make laws and places at risk significant public interests of the state.

(2) If a person meets the criteria in this chapter for designation as a sexual predator or meets the criteria in s. 943.0435, s. 944.606, s. 944.607, or any other law for classification as a sexual offender, the court may not enter an order, for the purpose of approving a plea agreement or for any other reason, which:

(a) Exempts a person who meets the criteria for designation as a sexual predator or classification as a sexual offender from such designation or classification, or exempts such person from the requirements for registration or community and public notification imposed upon sexual predators and sexual offenders;

(b) Restricts the compiling, reporting, or release of public records information that relates to sexual predators or sexual offenders; or

(c) Prevents any person or entity from performing its duties or operating within its statutorily conferred authority as such duty or authority relates to sexual predators or sexual offenders.

(3) If the court enters an order that affects an agency’s performance of a duty imposed under the laws governing sexual predators or sexual offenders, or that limits the agency’s exercise of authority conferred under such laws, the Legislature strongly encourages the affected agency to file a motion in the court that entered such order. The affected agency may, within 1 year after the receipt of any such order, move to modify or set aside the order or, if such order is in the nature of an injunction, move to dissolve the injunction. Grounds for granting any such motion include, but need not be limited to:

(a) The affected agency was not properly noticed.

(b) The court is not authorized to enjoin the operation of a statute that has been duly adjudged constitutional and operative unless the statute is illegally applied or unless the statute or the challenged part of it is unconstitutional on adjudicated grounds.

(d) To the extent that the order is based upon actions the agency might take, the court’s order is premature and, if and when such actions are taken, these actions may be challenged in appropriate proceedings to determine their enforceability.

(e) The injunction affects the public interest and would cause injury to the public.

(f) The order creates an unenforceable, perpetual injunction.

(g) The order seeks to restrict the agency in the performance of its duties outside the court’s territorial jurisdiction.

History.—s. 4, ch. 98-81; s. 2, ch. 2002-58; s. 7, ch. 2004-371; s. 67, ch. 2016-24; s. 28, ch. 2016-104; s. 15, ch. 2021-156.

F.S. 775.24 on Google Scholar

F.S. 775.24 on Casetext

Amendments to 775.24

Arrestable Offenses / Crimes under Fla. Stat. 775.24

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 775.24.

Annotations, Discussions, Cases:

Cases Citing Statute 775.24

Total Results: 8

Marsh v. State

Court: District Court of Appeal of Florida | Date Filed: 2018-04-06

Citation: 253 So. 3d 674

Snippet: Blockburger and its statutory equivalent in section 775.024(1), Fla. Stat. (1983), are only tools of statutory

ELIZABETH FRANCES MARSH v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2018-04-06

Snippet: "Blockburger and its statutory equivalent in section 775.024(1), Fla. Stat. (1983), are only tools of statutory

Miller v. State

Court: District Court of Appeal of Florida | Date Filed: 2013-05-09

Citation: 112 So. 3d 142, 2013 WL 1909000, 2013 Fla. App. LEXIS 7469

Snippet: State, 795 So.2d 135 (Fla. 5th DCA 2001). Section 775.24(2), Florida Statutes (2010), also makes clear that

Grosso v. State

Court: District Court of Appeal of Florida | Date Filed: 2008-12-24

Citation: 2 So. 3d 362, 2008 Fla. App. LEXIS 19373, 2008 WL 5352103

Snippet: Department of Corrections moved, pursuant to sections 775.24 and 943.0436, Florida Statutes (2006), to modify

Hughes v. State

Court: District Court of Appeal of Florida | Date Filed: 2007-10-10

Citation: 967 So. 2d 968, 2007 Fla. App. LEXIS 15918, 2007 WL 2935587

Snippet: exempt a qualifying person from such designation. § 775.24, Fla. Stat. (2003). Mandamus relief is available

Kelly v. State

Court: District Court of Appeal of Florida | Date Filed: 2001-08-17

Citation: 795 So. 2d 135, 2001 Fla. App. LEXIS 11497

Snippet: predator,.... ” (Emphasis supplied). Lastly, section 775.24 specifically provides that it is the duty of the

Kelly v. State

Court: District Court of Appeal of Florida | Date Filed: 2001-08-17

Citation: 795 So. 2d 135, 2001 WL 929927

Snippet: predator, ...." (Emphasis supplied). Lastly, section 775.24 specifically provides that it is the duty of the

Houser v. State

Court: Supreme Court of Florida | Date Filed: 1985-08-22

Citation: 474 So. 2d 1193, 10 Fla. L. Weekly 412

Snippet: Blockburger and its statutory equivalent in section 775.024(1), Fla. Stat. (1983), are only tools of statutory