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.
And yet they found it legal to make registration retroactive for some of us who were arrested decades before a registry even existed.
To sentence a person after all this time and off probation , then 3 yrs later the prosecution tries to set a new designation. Is Gross misconduct by the prosecutions office . In Civil Law , people get sanctioned for filing Frivolous paper work like this . The Court should fine the prosecutions Office for wasting the courts time on again Frivolous charges . If that should be the case then the State Attorney should have made that charge from the beginning . I guess the State Attorneys Office is Bored for something to practice on at the expense of the State Courts Time , as this was a complete waste of man power indeed .
To ALL
-Please continue to have HOPE….while it may be difficult for MOST OF US….Taking down part of a $428 Billion System that is in place is difficult at best, BUT, there are parts of this OBTUSE System that is possible to Choke the Jugular….Slicing and Dicing is the key here…Slice and Dice parts of the Law will yield perfect consequences in which to move forward……..Careful manipulation and circumvention is the strategy….As my grandfather once told me at a very young age, as he was a retired State Supreme Court Chief Justice, ‘Son, you can’t fix STUPIDNESS-you have two choices, either shoot it or adjudicate rehabilitation’…he always chose rehabilitation versus incarceration…..RIP Grandad…
I guess that means a predator designation must always be tied to a crime, and that a judge can’t redesignate an offender to a predator as a civil remedy. If the original designation is actually not punishment, but is, instead, a civil remedy for the welfare of the public, why shouldn’t it be allowed? It’s because the designation is, in fact, punishment. That is, defendants only become registered because they are sentenced for a crime.
They changed me from twice annual reporting to quarterly, after I provided them with notice that my sentencing state had reduced me to a level 1.
Is their a broader, no change after the fact, claim to be made? Or is it limited to the designation only?
I wonder if this would also apply to a “sex offender” having to report every 3 months just like a predator would.
Exactly my question.
“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.”
Oh man, this made me laugh out loud. This is absurd on so many levels! Regardless as to whether the individual ‘deserves’ it or not once 60 days after sentencing has passed, much less the entire sentence… oi!… the sentence is set and nothing can be added.
I’m almost embarrassed for Florida’s Justice system for events like this.
Sc – you are actually incorrect in saying “once 60 days after sentencing has passed… the sentence is set and nothing can be added.” The court still has jurisdiction over the defendant until the sentence is over.
I respectfully disagree in part.
While the court does have jurisdiction over the case it cannot ADD anything new to the sentence once that time period passes.
So in my case dating back to 1998, I was given 5 years probation, I was not required to attend sex offender classes, I only had 1 stipulation, and that was to not own or use a computer, But look how many things have changed, Look how in the past 21 years, so many NEW restrictions, so many laws enacted that just hurt me more and more. When will the system see that you cant add new stipulations after the fact? I just dont understand anymore, everyday I grow weaker and weaker. Everyday I want to give up, because it just seems to get worse and worse.
@Ron Do not give up. If you do, they win and that is the only way they win. The tide is changing, soon the sun will rise and a new day of freedom will dawn. Nothing last forever. Injustice will only last for a season. Remember there is no darkness. Darkness only exist because there is no light. Light always shines through.
Actually they do what they want forever even when sentence is over. Here are three examples on my case. My Crime happened almost 30 years ago. I have been off all paper for almost 20. I went from registering 1 time per year to 2 to now 4. I contacted a lawyer and he said it was not correct and he could fix it for 10 thousand dollars but no guarantees . ? Really.
I fought another mistake by the FDLE in the past on my own and they corrected it but believe the 4 times a year was retribution for calling them out on their other mistake where they had me listed as a predator.
Lastly, some counties charge a fee each time you register even if you are not on probation. Even though that was not signed into the original law. They keep adding conditions proactively and you have to spend money in the courts to fight it and hope you win.
I should not have to register 4 times a year. Even the Sheriffs office says there is a mistake but only FDLE can correct it. They ignore my emails and the lawyer option is too expensive. 8 more years before I can go to court on the 25 year thing as it begins from the time you are off of paper. Even that is no guarantee. I will be almost 65 by then and in poor health.
They cannot legally charge a fee in florida.
from fs 775.21.6.10. c
“Any person who misuses public records information relating to a sexual predator, as defined in this section, or a sexual offender, as defined in s. 943.0435 or s. 944.607, to secure a payment from such a predator or offender; who knowingly distributes or publishes false information relating to such a predator or offender which the person misrepresents as being public records information; or who materially alters public records information with the intent to misrepresent the information, including documents, summaries of public records information provided by law enforcement agencies, or public records information displayed by law enforcement agencies on websites or provided through other means of communication, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.”
I forget what county it is but they got away with it by calling it a administration fee for finger printing, photos they take etc. That is how they got around it.
One reason I moved out of Seminole county. Instead of getting in and out, they made you sit there in the lobby with everyone watching and then took you in a back room and questioned you hours on end. As soon as I got off probation so many years ago, I got the heck out of Dodge. Actually moved to another state but it was 100 times worse than here with registering so came right back
This is “typical” Florida and they get away with so much against us and other groups because in general we don’t have the money for good representation or the time it takes to move a case through the antiquated court system here. This state (as it says in the Florida Sentencing Guidelines) is only interested in punishment and if rehabilitation comes along with it so be it but that is never their intent, They call what they do to us public safety measures but in fact they know its punishment but if they call it that its too easy to get struck down.