CopyCited 17 times | Published | Florida 3rd District Court of Appeal
return, in May 1980. Effective July 1, 1980, Section 943.43, Florida Statutes (1980), was amended to provide
CopyCited 14 times | Published | Florida 1st District Court of Appeal
mandatory. The predecessor to the present statute, section 943.43, Florida Statutes (1979), provided that if
CopyCited 7 times | Published | Florida 5th District Court of Appeal
(Supp. 1980). [4] Section
932.703, formerly section 943.43, Florida Statutes (Supp. 1980), provides as
CopyCited 5 times | Published | Florida 3rd District Court of Appeal
here resolve that issue. [4] See, however, Section 943.43, Florida Statutes (1980), effective July 1
CopyCited 4 times | Published | Florida 2nd District Court of Appeal
has reviewed, at the urging of counsel, Florida Statute 943.43 as amended by the 1980 Florida legislature
CopyCited 3 times | Published | Florida 3rd District Court of Appeal
and it is hereby affirmed. Affirmed. NOTES [1] § 943.43, Fla. Stat. (1977) "Forfeiture of vessel, motor
CopyCited 3 times | Published | Florida 1st District Court of Appeal
the statute refutes appellant's argument. F.S. § 943.43 provides, in pertinent part: "Any vessel, motor
CopyCited 3 times | Published | Florida 5th District Court of Appeal
and we are most concerned with a portion of section 943.43 which appellant urges allows him to avoid forfeiture
CopyCited 2 times | Published | Florida 2nd District Court of Appeal
forfeiting his motor vehicle to the state under Section 943.43, Florida Statutes (1975). Since there was no
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2014 WL 2965406, 2014 Fla. App. LEXIS 10161
...(2013) (filing a
report on money laundering); §
626.989(4)(c), Fla. Stat. (2013) (furnishing
information on insurance fraud); §
937.021(5), Fla. Stat. (2013) (reporting a
missing person); §
937.025(3), Fla. Stat. (2013) (reporting missing children); §
943.043(4), Fla....
CopyPublished | Florida 5th District Court of Appeal | 1981 Fla. App. LEXIS 21474
likely to be employed in criminal activity.” Section 943.43(2), Florida Statutes (1980 Supp.). See, Shaw
CopyPublished | Florida 2nd District Court of Appeal | 1979 Fla. App. LEXIS 15670
appellants should not forfeit their aircraft under Section 943.43, Florida Statutes (1978), the Florida Uniform
CopyPublished | Court of Appeals for the Eleventh Circuit
...ings consistent with this opinion.
I.
A.
Florida first enacted its registry law as part of the 1997 Public
Safety Information Act. See 1997 Fla. Laws Ch. 97-299, § 8, codified
at Fla. Stat. § 943.0435 (1997). It initially contained two require-
ments for persons who commit qualifying offenses: a one-time reg-
istration obligation and an ongoing obligation to report changes in
residency. Id. § 943.0435(2)–(3) (1997)....
...A residency was defined as
either permanent or temporary, with the latter including any place
where an offender resided for two consecutive weeks or less, ex-
cluding “vacation or an emergency or special circumstance” that
required the offender to change residence for some time. Id.
§ 943.0435(2) (1997). Non-compliance with the registry provisions
USCA11 Case: 21-10644 Date Filed: 10/21/2022 Page: 5 of 29
21-10644 Opinion of the Court 5
was punishable as a third-degree felony. Id. § 943.0435(6) (1997). In
the same legislation, Florida permitted public access to registry in-
formation through a toll-free number. See 1997 Fla. Laws Ch. 97-
299, § 7, codified at Fla. Stat. § 943.043 (1997).
Over the next twenty years, these provisions were amended
over a dozen times, resulting in a more expansive regulatory re-
gime. Registration became a lifetime obligation, see 1998 Fla. Laws
Ch. 98-81, § 7, codified at Fla. Stat. § 943.0435(11) (1998), with re-
moval a possibility for only some offenders and, even then, only
after twenty-five years, see 2007 Fla. Laws Ch. 2007-209, § 2, codi-
fied at Fla. Stat. § 943.0435(11)(a)(1) (2007)....
...Violations of the regis-
try law are still a third-degree felony, but a registrant is limited to
asserting a defense of lack of notice one time; that defense is una-
vailable in future prosecutions. See 2004 Fla. Laws Ch. 2004-371,
§ 2, codified at Fla. Stat. § 943.0435(9)(c)–(d) (2004). The informa-
tional burdens have also expanded significantly—a registrant is
now required to disclose virtually all personal information to the
Commissioner. See, e.g., 2014 Fla. Laws Ch. 2014-5, § 5, codified at
Fla. Stat. § 943.0435(1)(b) (2014) (adding “Internet identifiers” to
the information a registrant must provide). The Florida legislature
also codified its view that registrants “have a reduced expectation
of privacy,” 2002 Fla. Laws Ch. 2002-58, § 3, codified at Fla. Stat.
§ 943.0435(12) (2002), and the Commissioner is required to “verify”
the address a registrant provides, see 1998 Fla. Laws Ch. 98-81, § 7,
codified at Fla. Stat. § 943.0435(6) (1998)....
...The public can also access
information about a registrant via the internet, 1998 Fla. Laws Ch.
USCA11 Case: 21-10644 Date Filed: 10/21/2022 Page: 6 of 29
6 Opinion of the Court 21-10644
98-81, § 6, codified at Fla. Stat. § 943.043(1) (1998), and a registrant’s
driver’s license must bear a mark identifying him as a sex offender,
see 2007 Fla....
...2007-207, § 1, codified at Fla. Stat.
§
322.141(3)(b) (2007).
The registry law also requires registrants to appear in person
more often. All registrants are subject to mandatory semi-annual
re-registration, see 2005 Fla. Laws Ch. 2005-28, § 9, codified at Fla.
Stat. §
943.0435(14) (2005), and some are required to re-register
quarterly, see 2007 Fla. Laws Ch. 2007-209, § 2, codified at Fla. Stat.
§
943.0435(14)(b) (2007). Because the legislature has expanded the
information a registrant must provide, the ongoing obligation to
update that information is triggered more frequently. See 2010 Fla.
Laws Ch. 2010-92, § 4, codified at Fla. Stat. §
943.0435(2) (2010)
(“Any change in the information required to be provided” upon
registration shall be reported)....
...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. §
943.0435(1)(c)....
...ed: 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. Stat.
§
943.0435(1)(f). The result is that a registrant must now report in
person to a local driver’s license or sheriff’s office within forty-eight
hours of leaving his permanent residence for more than three days.
See Fla. Stat. §
943.0435(1)(f), (4)(a), (4)(b)....
...Second, the legislature
added a new penalty for non-compliance: for violations of the reg-
istry statute that do not result in a term of incarceration, a court
must impose a “mandatory minimum term of community con-
trol.” See 2018 Fla. Laws Ch. 2018-105, § 2, codified at Fla. Stat.
§ 943.0435(9)(b) (2018)....
...In addition to that requirement,
each day the plaintiffs must try to determine whether an action
they take—whether, for example, they wish to purchase a new car,
book a weekend trip, or create a new online account—requires
making an in-person report. See Fla. Stat. § 943.0435(2)(b) (2018).
The complaint contends that these reports are time-consuming and
burdensome, and the plaintiffs allege that they have forgone cer-
tain opportunities because of the likelihood that they would have
to report information to the Commissioner....
CopyPublished | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 17391
petitioned for forfeiture of McGee’s truck under Section 943.43, Florida Statutes (1979). The state’s petition
CopyPublished | Florida 3rd District Court of Appeal | 2016 Fla. App. LEXIS 16675
SALTER, J. Ernesto Vega appeals the summary denial of his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. Mr. Vega’s four claims seek relief from his obligation to register as a sexual offender under section 943.0435, Florida Statutes (1997) — a statute which became effective a week after he entered his plea, but which applied to him upon his completion of a period of community control and probation in 2001....
...on community control for a period of one year followed by four years of probation. Allegedly unbeknownst to Vega at the time he considered and entered his plea, the Florida Legislature’s enactment of the sexual offender registration statute, *216 section 943.0435, Florida Statutes (1997), became effective October 1, 1997....
...on the internet as a sexual offender, or that he would have additional reporting duties to the Florida Department of Law Enforcement pursuant to the post-plea statute. In its response, the State asserts that registration and reporting as required by section 943.0435 are merely collateral consequences of his plea, and that his motion was untimely....
...nt before he entered the plea does not render the plea involuntary.” Id. Three Justices dissented in Partlow , concluding that the failure to advise a defendant of the potentially lifelong sexual offender registration and reporting requirements of section 943.0435 may render a plea involuntary and subject to withdrawal under Florida Rule of Criminal Procedure 3.170(/,); such a failure, it was argued in the dissent, “undermines the voluntariness of the plea because the requirement is a direct rather than a collateral consequence.” Id....
...at 1045 (Cantero, J., concurring). 1 *217 In State v. Wiita,
744 So.2d 1232 (Fla. 4th DGA 1999), the Fourth District affirmed a trial court order allowing a defendant to withdraw his plea to a sexual offense, though the plea was entered over six years before section
943.0435 became effective. Wiita claimed that because section
943.0435 was not in effect at the time he entered his plea agreement, the reporting and publication requirements of the statute were neither contemplated nor made a part of his plea agreement....
...Based upon these facts, Wiita argued that good cause existed to vacate his plea because it was not entered knowingly or voluntarily. Id. at 1233 . Wiita , though relied upon by Vega, is distinguishable in several respects. First, Wiita moved to withdraw his plea only eight months after section 943.0435 became effective....
...Second, Wiita established that he and his counsel had negotiated a plea agreement based on express representations that this would allow Wiita to “avoid publicity,” an expectation eliminated six years later when Wiita “had publicity thrust upon him due to the requirements of section 943.0435....” Id....
...s twenty years after the offense. The only remedies available to such a family on this record, however, appear to be (1) a petition to remove the sexual offender registration requirement, which in this case cannot be filed before 2026, 2 pursuant to section 943.0435(11), Florida Statutes (2016), or (2) a petition to the Clemency Board of Florida for a full pardon, pursuant to Article IV, Section 8(a), of the Florida Constitution, and Chapter 940, Florida Statutes (2016)....
...Registration is for the duration of the offender’s life unless he or she “has been lawfully released from confinement, supervision, or sanction, whichever is later, for at least 25 years and has not been arrested for any felony or misdemeanor offense since release,” and satisfies all other requirements of section 943.0435(1 l)(a) and (b).
CopyPublished | Florida 1st District Court of Appeal | 2016 Fla. App. LEXIS 8104, 2016 WL 3030835
ROBERTS, C.J. In this case, the appellant was convicted of one count of failure to report a change in residency by a sexual offender as required by section 943.0435, Florida Statutes....
...Because the state was required to establish at least one qualifying sexual assault conviction and the jury may believe or reject any evidence put before it, the state was entirely within its right to put forth evidence to prove every conviction that brought the appellant within the purview of section 943.043....
CopyPublished | Court of Appeals for the Eleventh Circuit
of any contraband article.” See also Fla.Stat. § 943.-43(1); Fla.Stat. § 455.06(1). If an aircraft were
CopyPublished | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 20082
order denying forfeiture of an automobile under Section 943.43, Florida Statutes (1980 Supp.), on the ground
CopyPublished | District Court of Appeal of Florida | 1976 Fla. App. LEXIS 14559
Costigliola’s automobile be returned to him. Pursuant to § 943.43, Fla.Stat., F.S.A. the police seized Paul Costigliola’s
CopyPublished | District Court of Appeal of Florida | 1984 Fla. App. LEXIS 14261
legislature neglected to include any reference in section 943.43(1) to the newly added subsection 943.41(2)(d)
CopyPublished | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 19067
effec*125tive July 1, 1980. Prior to 1980, section 943.43 provided as follows: Forfeiture of vessel,
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 105, 1984 Fla. App. LEXIS 16184
the boat was being used for illegal purposes. § 943.43(2), Fla.Stat. (Supp.1980). Upon review of the
CopyPublished | Florida 3rd District Court of Appeal | 1982 Fla. App. LEXIS 22175
PROCEEDING AGAINST A MOTOR VEHICLE PURSUANT TO SECTION 943.43(1), FLA.STAT., WHERE THERE HAS BEEN A FAILURE
CopyPublished | Florida 2nd District Court of Appeal | 1983 Fla. App. LEXIS 19254
legislature amended section
932.703(1), formerly section 943.43(1), in 1980. The current statute provides that
CopyPublished | District Court of Appeal of Florida | 13 Fla. L. Weekly 988, 1988 Fla. App. LEXIS 1667, 1988 WL 36062
case was decided, the provision was found at section 943.43(2), Florida Statutes (Supp.1980). The legislature
CopyPublished | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 15839
trafficking in a controlled substance in violation of Section 943.43, Florida Statutes. The petition asked the court
