Florida Appellate Court says Sexual Predator Designation Cannot be Made AFTER Sentence is Completed

Florida’s Fifth District Court of Appeals reversed an order designating a man as a “sexual predator” after he had completed his sentence. The Appeals court found that the lower court lacked jurisdiction over the individual to enter the order.

The case is McKenzie v. Florida (Case No. 5D18-2206) and the facts are the following: Defendant was sentenced to six months’ in prison, followed by two years of sex offender community control, followed by two years of sex offender probation. The trial court further found that McKenzie qualified as a sex offender. Neither party appealed. His sentence was completed in April 2015.

Three years later, the State filed a notice with the trial court, requesting that he be designated a sexual predator. After a hearing, and over his objection, the trial court entered an order designating him a sexual predator.  The 5th DCA said NO.  Once the sentence has been served, the court did not have the authority to belatedly designate him as a sexual predator.

If you were changed from “offender” to “predator” status AFTER you completed your sentence, speak to your lawyer about whether you have a claim.