Florida/Georgia Personal Injury & Workers Compensation

...Ct. 1160, 1163 (2003). The Sex Offender Act requires any sex offender to register with the local sheriff’s office within 48 hours of their release from custody or relocation to a permanent or temporary residence in Florida. F LA. S TAT. § 943.0435(2)....

...promoting a sexual performance by a child; showing obscene material to a minor; possessing child computer pornography; transmitting child pornography; buying or selling a minor with knowledge the minor will be portrayed as engaging or appearing to engage in sex acts. § 943.0435(1)(a)(1).1 Further, anyone moving to Florida who has been convicted of similar crimes or has been designated as a sex offender in another state will also be considered a sex offender in Florida. § 943.0435(1)(a)(2)-(3). Upon registering with the local sheriff’s office, a sex offender must provide the following: name, date of birth, social security number, race, sex, height, weight, hair and eye color, tattoos or o...

...and place of employment, address of permanent or legal residence or address of any current temporary residence, . . . date and place of each conviction, and a brief description of the crime or crimes committed by the offender. § 943.0435(2)....

...See Raines v. State, 805 So. 2d 999, 1003 (Fla. Dist. Ct. App. 2001). Moreover, when the crime is kidnapping, false imprisonment, or luring or enticing a child into a dwelling or conveyance, the person is not a sex offender if they are the parent of the child. § 943.0435(1)(a)(1). 4 Highway Safety and Motor Vehicles” where he or she must identify themselves as a sex offender, obtain a driver’s license or identification card, and submit to a photograph and fingerprinting. § 943.0435(3)....

...The Department of Highway Safety and Motor Vehicles (“DHSMV”) will then send the photograph and any further information to the Department of Law Enforcement (“DLE”) for public notification by publication to, among other things, the internet. § 943.0435(4). If a sex offender changes residence, he or she must report to the DHSMV within 48 hours to obtain an updated driver’s license or identification card. Id. When a sex offender moves out of Florida, he or she is required to notify the local sheriff’s office 48 hours before leaving and give the address of his or her intended residence out of state. § 943.0435(7). A sex offender must comply with the registration statutes for life....

...The sex offender, however, may be relieved of his or her registration obligation if he or she is pardoned or petitions a court 20 years after release from custody or supervision and, among other things, the court finds them to not be “a current or potential threat to public safety.” § 943.0435(11). The DNA Statute requires any person who is convicted of certain crimes and is incarcerated or on supervisory release to submit two blood or tissue samples for DNA testing....

...2002), the insanity classification meets the rational basis test. Fourth, Appellants argue the Sex Offender Act impermissibly distinguishes between a person 18 years old and younger from those 19 and older by requiring only a ten-year registration period for the younger offenders. See § 943.0435(11)(b)....

...ida, and also discovered that he was listed as having absconded from California’s Sex Offender Registry. On July 6, 2007, an arrest warrant for Ambert was issued, charging him with failure to register as a sex offender as required by Fla. Stat. § 943.0435.1 Ambert traveled from Florida back to California on July 9, 2007....

...t of Florida with traveling in interstate commerce to Florida, and failing to register with the State of Florida, under the Sex Offender Registration and Notification Act, in violation of 18 U.S.C. § 2250(a). 1 Florida Statute § 943.0435 requires, inter alia, that sex offenders register in person at the sheriff’s office in the county in which they have a permanent or temporary residence within 48 hours of establishing a residence in Florida....

...g an analogous Florida statute in Doe v. Moore, 410 F.3d 1337 (11th Cir. 2005). In that case, ten sex offenders challenged the constitutionality of Florida’s sex offender registration and notification scheme (“Sex Offender Act”), Fla. Stat. § 943.0435, which requires any sex offender in Florida to register in person within 48 hours of release from custody or temporary or permanent change in address, and also obliges the Department of Law Enforcement to publish the registry information....

...At the Court's direction, the Committee reexamined a number of the proposals, and on December 7, 2007, submitted the revised proposals that we authorize, as modified below. [1] New instructions 11.14 and 11.14(a)-(g) pertain to offenses involving the failure to register as a sexual offender, as defined in section 943.0435, Florida Statutes (2007). New instruction 11.14(h) includes definitions for terms used in proposed instructions 11.14 and 11.14(a)-(g). Under section 943.0435, any person who is a "sexual offender" (as defined by subsection (1)(a)) is required to provide specific information to certain state or law enforcement agencies in order to satisfy the reporting requirements. See § 943.0435(2)-(4), (7)-(8), (14), Fla....

...Instruction 11.14(h) has been modified from that proposed by the Committee to include the statutory definitions for "electronic mail address" and "instant message name," pursuant to chapter 2007-143, section 10, Laws of Florida. Therein, the Legislature amended section 943.0435 to include "electronic mail address" and "instant message name" as required items to be provided by sexual offenders upon registering, effective October 1, 2007. See § 943.0435(2)(a)2, (4)(d), (14)(c)1, Fla....

...date of this opinion in which to file comments with the Court. [4] It is so ordered. *533 LEWIS, C.J., and WELLS, ANSTEAD, PARIENTE, QUINCE, CANTERO, and BELL, JJ., concur. APPENDIX 11.14 FAILURE TO REGISTER AS A SEXUAL OFFENDER (Initially Register) § 943.0435(2)(a)-(b), Fla....

...Lesser Included Offenses No lesser included offenses have been identified for this offense. Comment This instruction was adopted in 2008. 11.14(a) FAILURE TO REGISTER AS A SEXUAL OFFENDER (Failure to Comply with Registration of a Residence, Motor Vehicle, Trailer, Mobile Home, Manufactured Home, Vessel, or Houseboat) § 943.0435(2)(b)1, Fla....

...Lesser Included Offenses No lesser included offenses have been identified for this offense. Comment This instruction was adopted in 2008. *535 11.14(b) FAILURE TO REGISTER AS A SEXUAL OFFENDER (Failure to Comply with Registration of Employment or Enrollment at an Institution of Higher Learning) § 943.0435(2)(b)2, Fla....

...Lesser Included Offenses No lesser included offenses have been identified for this offense. Comment This instruction was adopted in 2008. 11.14(c) FAILURE TO REGISTER AS A SEXUAL OFFENDER (Failure to Report to Department of Highway Safety and Motor Vehicles) § 943.0435(3), Fla....

...Lesser Included Offenses No lesser included offenses have been identified. Comment This instruction was adopted in 2008. 11.14(d) FAILURE TO REGISTER AS A SEXUAL OFFENDER (Failure to Report Change of Name or Address within the State or Jurisdiction) § 943.0435(4), Fla....

...See instruction 11.14(h) for the applicable definitions. Lesser Included Offenses No lesser included offenses have been identified. Comment This instruction was adopted in 2008. 11.14(e) FAILURE TO REGISTER AS A SEXUAL OFFENDER (Failure to Report Change of Residence to Another State or Jurisdiction) § 943.0435(7), Fla....

...Lesser Included Offenses No lesser included offenses have been identified for this offense. Comment This instruction was adopted in 2008. 11.14(f) FAILURE TO REGISTER AS A SEXUAL OFFENDER (Failure to Report Intent to Remain within the State or Jurisdiction) § 943.0435(8), Fla....

...Lesser Included Offenses No lesser included offenses have been identified for this offense. Comment This instruction was adopted in 2008. 11.14(g) FAILURE TO REGISTER AS A SEXUAL OFFENDER (Failure to Report Twice a Year/Failure to Report Quarterly) § 943.0435(14)(a) or (b), Fla. Stat. Give this statement if the charge is failure to report twice a year during the sexual offender's birthday month and six months later pursuant to § 943.0435(14)(a), or, for certain specified violators, failure to report during the sexual offender's birthday month and every third month thereafter pursuant to § 943.0435(14)(b)....

...The defendant shall provide a physical residential address. Definitions. See instruction 11.14(h) for the applicable definitions. Lesser Included Offenses No lesser included offenses have been identified for this offense. Comment This instruction was adopted in 2008. 11.14(h) Sexual Offender Definitions § 943.0435(1), Fla. Stat. Definitions. "Sexual offender" means a person who (Insert the appropriate criteria specified by § 943.0435(1))....

...ermanent 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. NOTES [1] Nonsubstantive and technical modifications are not herein discussed. [2] Section 943.0435(1)(f) provides that "electronic mail address" has the same meaning as that provided in section 668.602, Florida Statutes; under that provision, "electronic mail address" is defined as "destination, commonly expressed as a string of characters, to which electronic mail may be sent or delivered." § 668.602(6), Fla. Stat. (2007). Section 943.0435(1)(g) defines "instant message name" as "an identifier that allows a person to communicate in real time with another person using the Internet." [3] The amendments as reflected in the appendix are to the Standard Jury Instructions in...

...The presentence investigation report stated that Moran was discovered by police living with his girlfriend and her minor daughter. State officials later charged Moran with failing to register as a sex offender living at that address. Fla. Stat. § 943.0435....

...is employed, carries on a vocation, or is a student, as directed by his probation officer”; comply with instructions from his probation officer to provide state officials with information required by the Florida Sexual Predators Act, Fla. Stat. § 943.0435(2); refrain from “direct contact with minors under the age of 18 without the written approval of [his] probation officer and ....

...Because federal law requires a sentencing court to “order, as an explicit condition of supervised release, that the defendant not commit another Federal, State, or local crime during the term of supervision[,]” 18 U.S.C. § 3583(d), Moran’s failure to register under the Act and the applicable state law, Fla. Stat. § 943.0435, would have violated this mandatory condition of supervised release....

...About twenty days later, he filed a motion to withdraw his plea on the ground that it was involuntary because he was not properly advised of the consequences of entering a plea. At the hearing, Partlow testified that had he known he would have to register as a sex offender, see § 943.0435, Fla....

...nt's punishment" for the crime to which Partlow entered a plea. Because the requirement to register is not punishment at all, and therefore cannot affect the range of the defendant's punishment, it is merely a collateral consequence of the plea. See § 943.0435(12), Fla. Stat. (2002) (stating that sexual offender designation "is not a sentence or a punishment but is simply the status of the offender"). Although a defendant's later failure to register as a sexual offender constitutes a third degree felony, see § 943.0435(9), Fla....

...4th DCA 2002) (footnote omitted). In Major v. State, 814 So.2d 424, 431 (Fla.2002), we defined direct consequences as those having a "definite, immediate and largely automatic effect on the range of the defendant's punishment." The sexual offender registration requirement of section 943.0435, Florida Statutes, fits within this definition. Section 943.0435(2)(a) requires the offender to report to the sheriff's office within fortyeight hours of release from custody; subsection (3)(a) requires registration at the Department of Highway Safety and Motor Vehicles within forty-eight hours af...

...ajor that a direct consequence has a "definite, immediate, and largely automatic effect on the range of the defendant's punishment." For these reasons, I believe that the failure to advise a defendant of the sexual offender reporting requirements of section 943.0435 may render a plea involuntary and thus subject to withdrawal under rule 3.170( l )....

...I agree with Justice Cantero that this case illustrates the advisability of several rule amendments. To an even greater degree than the prospect of deportation, on which a defendant must now be advised under rule 3.172(c)(8), a defendant should be informed of the registration and reporting requirement in section 943.0435 at the time of the plea....

...The officer also noted that the address shown on Giorgetti's identification was different from the address where Giorgetti was then residing. Id. As a result of this contact, Giorgetti was arrested and charged with failing to report his change of address as required in sections 943.0435 and 944.607(9), Florida Statutes (2000) (hereinafter "the sexual offender registration statutes")....

...statute's plain language. Id. In the instant case, however, the sexual offender registration statutes provide no explicit guidance as to whether the Legislature intended there to be a knowledge requirement for proving a violation of the statute. See § 943.0435, Fla....

...In order to interpret these statutes in a way that preserves their constitutionality, we must hold that they require "actual knowledge of the duty to register or proof of the probability of such knowledge." Lambert, 355 U.S. at 229, 78 S.Ct. 240. WELLS, J., concurs. NOTES [1] See § 943.0435(4), Fla....

...the offender shall report in person to a driver's license office...."); § 944.607(9), Fla. Stat. (2000) ("A sexual offender ... who is under the supervision of the Department of Corrections but who is not incarcerated shall... register in the manner provided in s. 943.0435(3), (4), and (5)...."). [2] See § 943.0435(9), Fla....

...llant. Charlie Crist, Attorney General; Thomas D. Winkour, Assistant Attorney General, Office of the Attorney General, Tallahassee, for the Appellee. POLSTON, J. Appellant was charged and convicted for failure to register as a "sexual offender." See § 943.0435(9), Fla....

...exual offender" and denying his proposed "sanitized" jury instructions, citing Brown v. State, 719 So.2d 882 (Fla.1998). We affirm because we agree with the State that the trial court's jury instructions were consistent with the rulings in Brown. I. Section 943.0435 requires that a "sexual offender" [1] register at an office of the Department of Law Enforcement or the sheriff's office....

...ing elements beyond a reasonable doubt: The Court instructs you that Eddie T. Johnson has agreed that he has been convicted as a felony offender and must register his address with the Department of Law Enforcement or the Sheriff's Office pursuant to Section 943.0435(9), Florida Statutes....

...e "sanitized" because of unfair prejudice to the defendant. The appellant, not surprisingly, cites no authority for such an argument. There is no contention by appellant that the jury instructions as given do not properly state the legal elements of section 943.0435(9)....

...t properly sets forth the elements of the crime. That is the whole point of giving a jury instruction—to accurately inform the jury of the law. [2] The "sanitized" version requested by appellant is not a correct instruction of the legal elements of section 943.0435(9) because registration is required by "sexual offenders," a defined term by the Legislature, not by "felony offenders," an undefined term requested *231 by appellant that is not mentioned in the statute....

...Apparently, the trial court and majority conclude that there is only one way that an element of a crime can be properly described, and I disagree. The "sanitized" instruction provided that Appellant was a convicted felony offender and must register under section 943.0435(9), Florida Statutes....

...794.011(10) and 794.0235; s. 796.03; s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135; s. 847.0145; or any similar offense committed in this state which has been redesignated 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. See § 943.0435(5), Fla....

...Prior to that addition, all enumerated felonies inherently involved a sexual component as an element of the crime. See § 775.21, Fla. Stat. (1997). [10] This is bolstered by the fact that less than a month following the issuance of its Robinson decision, the Fourth District addressed a similar challenge to section 943.0435, Florida Statutes (2001), Florida's "sexual offender" registration statute, and cited Robinson for support of its holding that the "statute violates equal protection in classifying [Raines] as a `sexual offender,' when he was not convicted of an offense involving any sexual component." Raines v....

...In compliance with South Carolina law, Mr. Powers registered as a sex offender on November 13, 1995. Mr. Powers moved to Florida in 2007 to live with his mother in Orlando. He failed to register as a sex offender in Florida, as required by Florida Statute § 943.0435(2)....

...Dunning, 742 So.2d 378, 379 (Fla. 2d DCA 1999). CROSS-APPEAL Subido cross-appeals the court's determination that he is a sexual predator without a hearing to determine his danger to the community, stating without argument or citation that the registration requirement of section 943.0435 is unconstitutional....

...However, on November 13, 2001, Mr. King pleaded no contest to a reduced charge of lewd and lascivious battery in violation of section 800.04(4). 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....

...chologist approved; would complete 500 hours community service within the first five years of his probation; and that probation could terminate after seven years if all conditions had been satisfied and his psychologist approved. On October 1, 1997, section 943.0435 of the Florida Statutes was enacted. Section 943.0435, which is retroactive in nature, requires persons convicted of sexual offenses to report to the Florida Department of Law Enforcement (FDLE). Wiita complied with the reporting requirements of section 943.0435, and FDLE subsequently posted his name and photograph on the Internet as a sexual offender. On June 4, 1998, Wiita filed a motion to vacate his sentence and/or preclude his compliance with section 943.0435, Florida Statutes (1997). 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....

...equences of the plea. Thus, the trial court held Wiita's plea was not freely and voluntarily entered. The Order Granting Defendant's Sworn Motion to Vacate Sentence was entered, which also stated that Wiita was no longer subject to the provisions of section 943.0435....

...The state had available to it the transcript of the plea colloquy conducted by the original sentencing judge but failed to offer it as evidence of the voluntary nature of Witta's plea. Although Wiita's motion to withdraw his plea stated that applying section 943.0435 to him was an ex post facto violation, at the hearing his counsel stated "[y]es, so—It applies retroactively, it's expost [sic] facto and all of that, but I'm not making the Constitutional argument." This statement clearly demonstra...

...d failed to preserve the issue for appellate review. Furthermore, the state failed to seek a definitive ruling from the trial court on the issue of the ex post facto application of the statute. Therefore, this court will not address whether applying section 943.0435 to Wiita constitutes an ex post facto violation because the argument was not properly raised before the trial court....

...See LeDuc v. State, 415 So.2d 721, 722 (Fla.1982). The state argues Wiita's challenge to his guilty plea was ineffective because he failed to show that a manifest injustice occurred. However, the evidence clearly indicates that the requirements imposed by section 943.0435 did not exist, and were *1235 not contemplated, when Wiita entered into the plea agreement....

...The withdrawal of a plea should be permitted where justice and fairness require it. See Macker v. State, 500 So.2d 256, 258 (Fla. 3d DCA 1986) (citation omitted). Based upon the fact that Wiita entered a plea to avoid publicity, then six years later had publicity thrust upon him due to the requirements of section 943.0435, justice and fairness support the withdrawal of Wiita's plea in this case....

...I write separately to emphasize that the decision to uphold the trial court's order allowing Wiita to withdraw his guilty plea in this case rests on more than Wiita's claim that he pled guilty to avoid the publicity of a trial only later to have the newly-enacted registration and publication provisions of section 943.0435 applied to him....

...tations of complete anonymity based on his understanding of what would occur as a result of his guilty plea. If it is true, as the State argues and the record suggests, that the trial judge granted Wiita's motion simply because of the application of section 943.0435 to his case, I would still conclude that his decision was right, but for the wrong reason....

...[4] A person so designated must comply with lifelong obligations, including registering at least every six months with the county sheriff to provide specified information and re-registering within 48 hours of establishing or changing a temporary or permanent residence. See § 943.0435(2), Fla....

...rt to the Department of Highway Safety and Motor Vehicles to obtain a state driver's license or identification card reflecting the address and the sexual offender designation. Id. Failure to comply with these requirements is a felony. See, e.g., id. § 943.0435(4)(c), (9)(a), (14)(c)(4). Specific information about the sexual offender may be released to the public in the "governmental interests of public safety." Id. § 943.0435(12); see also id....

...The officer asked defendant for identification, and then checked his name through the computer system. The officer determined that the address shown on the identification was different from the place where he had his residence. Defendant was charged with violations of sections 943.0435 and 944.607 for failing to report his change of address within 48 hours....

...exual offender registration statutes. In affirming we merely cited our prior decisions in Simmons v. State, 753 So.2d 762 (Fla. 4th DCA 2000) and Quinn v. State, 751 So.2d 627 (Fla. 4th DCA 1999). Quinn decided the constitutional issue and held that section 943.0435 was not invalid in failing to contain an explicit textual requirement of scienter or an element of guilty knowledge....

...I further agree with Judge Farmer as to the rehearing and pretrial release aspects of this case. NOTES [1] Both defendant's probation officer and his attorney testified they did not advise him that even though his probation was terminated he would continue to be under a duty to register changes in his address. [2] See § 943.0435(4), Fla....

...the requirements specified in subsection (3)."). [3] See § 944.607(9), Fla. Stat. (2000) ("A sexual offender ... who is under the supervision of the Department of Corrections but who is not incarcerated shall ... register in the manner provided in s. 943.0435(3), (4), and (5)...."). [4] See § 943.0435(9), Fla....

...Butterworth, Attorney General, Tallahassee, Maria Pafullo and Melanie Ann Dale, Assistant Attorneys General, West Palm Beach, for appellee. TAYLOR, J. Appellant challenges his conviction and revocation of probation for failing to register as a sexual offender pursuant to section 943.0435, Florida Statutes....

...In December 1999 appellant was charged by information with numerous counts for failing to comply with the registration requirements of Florida's sexual offender statute. He sought dismissal of the information and the affidavit of violation of probation based on those charges. Appellant argued that section 943.0435 unconstitutionally infringed upon his due process and equal protection rights because the false imprisonment charge did not involve any sexual behavior....

...847.0135 [computer pornography], s. 847.0145 [selling or buying of minors], or any similar offense committed in this state which has been redesignated from a former statute number to one of those listed in this subparagraph. In 1998 the legislature amended section 943.0435(1)(a), modifying the definition of "sexual offender" to include kidnaping and false imprisonment, sections 787.01 and 787.02 respectively, where the victim is a minor and the defendant is not the victim's parent....

...The legislature has broad discretion in determining necessary measures for the protection of the public health, safety, and welfare. State v. Yu, 400 So.2d 762 (Fla.1981). In exercising its powers, the legislature made specific findings relating to section 943.0435....

...Including an offender convicted of false imprisonment in the definition of "sexual offender," without a concomitant sexual component, renders the sexual offender registration statute overinclusive. The sexual offender designation, which triggers the registration requirements of section 943.0435, as applied to appellant, is not rationally related to the paramount governmental objective of protecting the public from sexual offenders....

...Because resolution of this issue may impact the proper application of laws relating to sexual predator [3] and sexual offender [4] registration, we certify to the Florida Supreme Court the following question as one of great public importance under article V, section 3(b)(4), of the Florida Constitution: DOES SECTION 943.0435, FLORIDA STATUTES (2000), VIOLATE EQUAL PROTECTION AS TO THOSE DEFENDANTS CONVICTED OF FALSE IMPRISONMENT WHERE IT IS UNDISPUTED THAT THE OFFENSE WAS COMMITTED WITHOUT ANY SEXUAL MOTIVATION? REVERSED. DELL and WARNER, JJ., concur. NOTES [1] The current version of section 943.0435 reads: (1) As used in this section, the term: (a) "Sexual offender" means a person who has been: 1....

...775.021(4), nothing contained herein shall be construed to prohibit the imposition of separate judgments and sentences for the first degree offense described in paragraph (a) and for each separate offense enumerated in subparagraphs (a)1.-5. [3] § 755.21, Fla. Stat. (2000)("The Florida Sexual Predator Act"). [4] § 943.0435, Fla....

...The State of Florida appeals the trial court's denial of its request to amend its information against Daniel Ray Erickson, formerly known as John William Dickey. The State originally charged Erickson with failure to register as a sexual offender as required by section 943.0435, Florida Statutes (2002)....

..." The State's response indicated that there remained material issues of fact in dispute. At the hearing on the matter, Erickson argued that no predicate offense had been established that would require him to register as a sexual offender pursuant to section 943.0435, Florida Statutes (2002), and that, in order to be required to comply with that statute, the State had to prove that he had committed a qualifying sex offense on or after October 1, 1997 or that he was still under some sanction for a qualifying sex offense committed prior to October 1, 1997....

...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....

...4th DCA 1999); State v. Garcia, 692 So.2d 984 (Fla. 3d DCA 1997); Sanders v. State, 669 So.2d 356 (Fla. 5th DCA 1996). In the instant case, the State originally charged Erickson with failure to register as a sexual offender pursuant to the requirements of section 943.0435, Florida Statutes (2002). 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....

...tion 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. Stat. (2002); see also § 943.0435(1)(a)2, Fla....

...n the unlawful execution of a legal duty. See § 776.051(2), Fla. Stat. (2009). Instruction 11.14(e), originally authorized in 2008, see In re Standard Jury Instructions in Criminal Cases — Report No. 2007-4, 983 So.2d 531 (Fla.2008), is based upon section 943.0435(7), Florida Statutes (2009)....

...Stat., as required by allegations). Comment This instruction was adopted in 1981 and was amended in March 1989, and March 2004, and 2010. 11.14(e) FAILURE TO REGISTER AS A SEXUAL OFFENDER (Failure to Report Change of Residence to Another State or Jurisdiction) § 943.0435(7), Fla....

...t. 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)....

...Butterworth, Attorney General, Tallahassee, and Sarah B. Mayer, Assistant Attorney General, West Palm Beach, for appellee. PER CURIAM. The Defendant appeals the trial court's order denying him declaratory and injunctive *763 relief on the issue of whether section 943.0435 of the Florida Statutes can be applied to him....

...orida Department of Law Enforcement, be disseminated on the Internet. See §§ 943-44, Fla. Stat. (1997). The Defendant refused to comply with the statute and filed a motion for declaratory and injunctive relief in his criminal case, seeking to have section 943.0435 declared inapplicable. The trial court denied relief, and the Defendant appealed. The Defendant argues that application to him of section 943.0435 violates the ex post facto clause and that he would have never entered a guilty plea had he known that his picture would be posted on the Internet....

...State, 755 So.2d 696, 699 (Fla. 4th DCA 1999). The first prong has clearly been met. However, the second prong has not been met because the statute does not alter the definition of criminal conduct and does not constitute punishment. We have stated that section 943.0435 is a regulatory statute....

...f period of incarceration beyond the time he had already spent in county jail awaiting trial. He now claims that his plea was involuntary because he did not know that he would be subject to the reporting requirements of the 1997 Sexual Offender Act, section 943.0435, Florida Statutes....

...Sexual Offender/Sexual Predator Determinations: Sexual Predator The defendant is adjudicated a sexual predator as set forth in section 775.21, Florida Statutes. Sexual Offender The defendant meets the criteria for a sexual offender as set forth in section 943.0435(1)(a)1a., b., c., or d....

...rawing a plea, pursuant to Florida Rule of Criminal Procedure 3.170( l ), because neither the trial court nor defense counsel informed him that upon conviction, he would be designated a "sexual predator" or "sexual offender" under section 775.021 or 943.0435, Florida Statutes (1999)....

...In a factually similar case, State v. Stapleton, 764 So.2d 886 (Fla. 4th DCA 2000), the trial court granted the defendant's motion to withdraw his guilty plea to lewd assault, because he had not been informed that he would have to register as a sexual offender under section 943.0435, or that he was subject to commitment for treatment following his prison sentence under the Jimmy Ryce Act, sections 394.910 through 394.931, Florida Statutes (1999)....

...3d DCA 1998). AFFIRMED. ERVIN, WEBSTER and LEWIS, JJ., concur. NOTES [1] The parties never clarify which reporting statute applies to Nelson. Our review of the provisions leads us to conclude that Nelson is required to be designated a sexual offender under section 943.0435, rather than sexual predator under section 775.021, because the terms of the latter do not apply to his convictions.

...Pursuant to the terms of the negotiated plea, Stapleton was sentenced to four years in prison. Within thirty days, Stapleton moved to withdraw his plea. Stapleton alleged he was not informed that as a convicted sexual offender, he would have to report to the Florida Department of Law Enforcement, as outlined in section 943.0435....

...As an additional basis to withdraw his plea, Stapleton argued that he was not advised of the "Jimmy Ryce Act," Florida Statutes 394.910—.931, which went into effect on January 1, 1999, three days before his plea. At the evidentiary hearing, it was undisputed that Stapleton was not informed of the registration requirement of section 943.0435, nor of the Jimmy Ryce provisions, which took effect three days before the plea. Stapleton testified at the hearing that he would not have entered the plea if he had known about the reporting requirement of section 943.0435 or of the Jimmy Ryce Act with its potential exposure to indefinite commitment for treatment following his prison sentence....

...Accordingly, his challenge was not a collateral attack on the conviction. Padgett v. State, 743 So.2d 70 (Fla. 4th DCA 1999). Pearman on the other hand had moved years after his sentencing to withdraw his 1995 plea as involuntary. Second, at the time Stapleton entered his plea, the Jimmy Ryce Act and section 943.0435 were already in effect, the opposite being the situation in Pearman....

...Constitution and article I, section 17 of the Florida Constitution. We affirm as to all issues. Appellant is a registered sex offender. As such, appellant is required to register any residences with the local sheriff's office on his birthday and every third month thereafter. See § 943.0435(14)(a)-(c), Fla. Stat. (2007). Appellant was arrested and charged with two counts of failure to report a temporary residence, [1] in violation of section 943.0435(14), Florida Statutes (2007)....

...For the following reasons, we find that appellant's sentence was not cruel and unusual. 1. Gravity of the Offense/Harshness of the Penalty a. The Triggering Offense With the factors of Solem in mind, we begin our assessment of the gravity of appellant's crime, failure to report a temporary *985 residence in violation of section 943.0435(14)....

...manent residence 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 a student for any period of time in this state. § 775.21(2)(g), Fla. Stat. (2007). See also § 943.0435(1)(c), Fla....

...The defendant appeals an order of the trial court modifying his probation to require him to wear a G.P.S. transmitter as a condition of his probation. We affirm. The defendant was charged with failing to re-register as a sexual offender in violation of section 943.0435, Florida Statutes (2006)....

...He contends that the sexual offender registration and notification requirements are unconstitutional as a violation of due process and that application of the registration statute to him violates the Ex Post Facto Clause. We affirm. Givens argues that the sexual offender registration and notification requirements in sections 943.0435 and 944.607, Florida Statutes (2001), violate procedural due process because he was not afforded a hearing to determine whether he was a danger to the public before being subject to the statutory requirements....

...See Johnson v. State, 795 So.2d 82, 89 (Fla. 5th DCA 2001). We agree and hold that Givens' procedural due process rights were not violated. Givens also contends that the sexual offender registration statute violates ex post facto principles because section 943.0435 was enacted after Givens began serving his sentence....

...____, 123 S.Ct. 1140, 155 L.Ed.2d 164 (2003), that the Alaska Sex Offender Registration Act is nonpunitive and that, therefore, its retroactive application does not violate the Ex Post Facto Clause. In addition, the First and Fourth Districts have held that section 943.0435 is procedural in nature and does not violate the Ex *815 Post Facto Clause. See Freeland v. State, 832 So.2d 923 (Fla. 1st DCA 2002); Simmons v. State, 753 So.2d 762 (Fla. 4th DCA 2000). We agree and hold that the application of section 943.0435 to Givens does not violate ex post facto principles....

...erefore, we reverse and remand for resentencing within the guidelines. Appellee pled guilty to one count of failure to comply with sexual offender requirements after twice failing to report as a sexual offender every 6 months as required pursuant to section 943.0435(14)(a), *113 Florida Statutes (2006)....

...4th DCA 2008) (citing State v. Ayers, 901 So.2d 942, 945 (Fla. 2d DCA 2005)). Here, the court failed to find the second element of section 921.0026(2)(j) was present, that the incident was isolated. Furthermore, the record does not support such a finding. Section 943.0435(14)(a), which requires that "[a] sexual offender must report in person each year during the month of the sexual offender's birthday and during the sixth month following the sexual offender's birth month," became effective on September 1, 2005....

...On appeal Donovan contends that the Fourth District's decision in State v. Wiita, 744 So.2d 1232 (Fla. 4th DCA 1999) is dispositive. In that case, the trial court permitted a defendant, who entered a plea in 1991, to withdraw his plea in 1998. The court reasoned that the defendant's claim that because section 943.0435, Florida Statutes, 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 apart of his plea agreement....

...v. Fox, 659 So.2d 1324, 1327 (Fla. 3d DCA 1995) (trial judge is required to inform a defendant only of the direct consequences of his plea). The same conclusion has been reached about the lesser requirements of reporting as a "sexual offender" under section 943.0435, Florida Statutes....

...Collins, Assistant Attorney General, Daytona Beach, for Appellant. James S. Purdy, Public Defender, and Henry T. Swann, III, Assistant Public Defender, Daytona Beach, for Appellee. LAWSON, J. The State appeals from Michael Anthony Colbert's downward departure sentence pursuant to section 943.0435, Florida Statutes (2006)....

PER CURIAM. Alvin Barnes appeals his conviction and sentence for failure to register as a sexual offender. Barnes argues that section 943.0435, Florida Statutes (2011), violated his right to procedural due process and the trial court erred in denying his as-applied constitutional challenge....

...The State charged him with knowingly failing to report a change of his temporary or permanent address, within forty-eight hours, to an office of the Florida Department of Law Enforcement (FDLE), the Alachua County Sheriffs Office, or the Department of Highway Safety & Motor Vehicles (DHSMV), a violation of section 943.0435(4), Florida Statutes....

...Casey, Assistant Attorney General, Daytona Beach, for Appellee. ORFINGER, J. Gregory D. Miller appeals an order denying his motion to dismiss an information charging him with one count of failure of sexual offender to report in person at a driver's license office in violation of section 943.0435(9) and (3), Florida Statutes (2006)....

...Following a move to Florida, Mr. Miller was advised by law enforcement of his registration obligation. After several months passed and Mr. Miller failed to register, he was charged with failing to report as a sex offender at a driver's license office, in violation of sections 943.0435(9) and (3), Florida Statutes. Mr. Miller moved to dismiss the information on the ground that section 943.0435 was unconstitutional as applied to him, alleging that the statute treated similarly-situated sex offenders differently....

...The trial court should not decide factual issues, determine the weight to be given to conflicting evidence or assess the credibility of witnesses. State v. Feagle, 600 So.2d 1236, 1239 (Fla. 1st DCA 1992). In this appeal, Mr. Miller seeks our review of his constitutional challenge to section 943.0435(1), Florida Statutes....

...deny to any person within its jurisdiction the equal protection of the laws." U.S. Const. Amend. XIV, § 1; see also Art. I, § 2, Fla. Const. (stating that "[a]ll natural persons are equal before the law ..."). Mr. Miller concedes that we analyze the constitutionality of section 943.0435 using the rational relationship test because it does not impair a fundamental right or affect a suspect class of persons....

...However, a statutory classification will be found to violate equal protection if it treats similarly-situated people in a different manner based upon an illogical and arbitrary basis. See McElrath v. Burley, 707 So.2d 836, 839 (Fla. 1st DCA 1998). Hence, in arguing that section 943.0435(1)(a), Florida Statutes, as applied, is discriminatory, Mr....

...ally discriminates against him, and (3) that there was no rational basis for the discrimination. See id. We believe Mr. Miller misreads the statute. The statute does not treat him differently from similarly-situated persons. In 1997, Florida enacted section 943.0435, its sexual offender registration statute. Ch. 97-299, § 8, Laws of Fla., eff. Oct. 1, 1997. Prior to the enactment of that statute, Florida had no sex offender registration requirement. Section 943.0435(1)(a) defines a "sexual offender" as a person convicted of committing specified sexual offenses in Florida or similar offenses in another jurisdiction. Additionally, those offenders who meet the criteria set forth in subparagraphs 1, 2, or 3 of the statute also fall within its scope. In pertinent part, the applicable version of the statute requires: 943.0435....

...to registration or community or public notification, or both, or would be if the person were a resident of that state or jurisdiction, without regard to whether the person otherwise meets the criteria for registration as a sexual offender .... *954 § 943.0435(1)(a)1.-2., Fla. Stat. (2006) (footnote omitted; emphasis added). [1] Contrary to Mr. Miller's argument, section 943.0435(1)(a)1....

...Under subparagraph 1, any person is treated as a sexual offender in Florida if he or she (1) has been convicted of committing specified sexual offenses in Florida or in another jurisdiction and (2) was released from the sanction imposed for the conviction on or after October 1, 1997. § 943.0435(1)(a)1.a.-b., Fla....

...ender. Under subparagraph 2, a person who has been designated a sexual offender by another state must register in this state if that person establishes or maintains a residence in the state of Florida regardless of the date of conviction or release. § 943.0435(1)(a)2., Fla....

...Florida must register in Florida if they were required to register in another state. As Mr. 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....

...enrolled as a student for any period of time in this state"); see also McCoy, 935 So.2d at 1279-80 (holding that because defendant was released from incarceration for a qualifying sexual offense on January 3, 1997, he was required to register under 943.0435(1)(a)3., Florida Statutes (2002) (now section 943.0435(1)(a)2.), because if he lived in Colorado, he would be required to register as a sex offender). Mr. Miller was treated the same as other similarly-situated sex offenders, moving into Florida or already living in Florida, who are required to register in other states. Thus, he has not shown that section 943.0435 treats him differently from any other similarly-situated sexual offender, or that it intentionally discriminates against him....

...its definition of "sexual offender," Florida residents who have been designated sexual offenders by another state. [2] *955 937 So.2d at 1185. Accord Moore, 410 F.3d 1337 (holding that Florida's various classifications and sub-classifications under section 943.0435, Florida Statutes, were rationally related to a legitimate governmental purpose; budgetary concerns are a legitimate governmental interest); State v. Subido, 925 So.2d 1052, 1060 (Fla. 5th DCA 2006) (citing Moore in support of conclusion that registration requirement of section 943.0435 is constitutional); Hanson v....

....21). For these reasons, we conclude that the challenged statute (1) applies to all similarly-situated persons; (2) does not intentionally discriminate against Mr. Miller alone; and (3) passes a rational basis scrutiny. Accordingly, we conclude that section 943.0435, Florida Statutes, does not offend equal protection. AFFIRMED. MONACO and TORPY, JJ., concur. NOTES [1] As Mr. Miller was not under any supervision related to his West Virginia conviction, subparagraph 3 does not apply. See § 943.0435(1)(a)3., Fla....

...Because we agree with Appellant’s first argument and reverse on *868 that point, we decline to address his second argument. In March 1994, Appellant pled guilty to lewd assault. Per the plea agreement, adjudication was withheld and Appellant received five years of probation. In 1997, while Appellant was still on probation, section 943.0435, Florida Statutes, was enacted requiring persons convicted of sexual offenses to report to the Department of Law Enforcement and register as sex offenders. See § 943.0435, Fla....

...(1997); see also State v. Wiita, 744 So.2d 1232, 1233 (Fla. 4th DCA 1999). Appellant was thereafter required to reregister as a sex offender bi-annually. On August 19, 2012, Appellant was arrested and charged with failure to reregis-ter as a séx offender pursuant to section 943.0435, Florida Statutes, after he failed to reregister in May of 2012....

...Kirk, Assistant Attorney General, and Heather Flanagan Ross, Assistant Attorney General, Tallahassee, for Appellee. BENTON, J. On direct appeal of convictions and concurrent sentences—five years in prison for failing to report a change in address in violation of section 943.0435(9), Florida Statutes (2007), and eleven months 29 days in jail for giving a false name to a law enforcement officer in violation of section 901.36(1), Florida Statutes (2007)—Fredis Espinal Torres maintains the trial court erred in...

...tion. Acker raises several issues on appeal. However, because we find merit in only one of the issues raised, we need not address the remaining issues. Acker was charged with one count of failure of a sex offender to report his status as required by section 943.0435, Florida Statutes (1999)....

...ld be disseminated on the Internet. See id. The defendant refused to comply and filed motions for relief from this requirement. See id. The trial court denied relief and the defendant appealed. See id. On appeal, the defendant in Simmons argued that section 943.0435, Florida Statutes (1997), violated the ex post facto clause as applied to him....

...In affirming the trial court, the Simmons court found that the first prong was clearly met. See 753 So.2d at 763. However, the second prong was not met because "the statute does not alter the definition of criminal conduct and does not constitute punishment." Id. We noted that we had previously found section 943.0435 to be regulatory and "[r]egulatory statutes do not constitute punishment." Id....

...eneral, Fort Lauderdale, for appellee. DELL, J. Jason Grumet appeals the revocation of his probation for failing to register with the Department of Highway Safety and Motor Vehicles (DMV) within forty-eight hours of changing his address, pursuant to section 943.0435(4), Florida Statutes (1999)....

...s for purposes of updating this registration within 48 hours of any and each change of residence, and whenever his/her driver's license or identification card is subject to renewal. Failing to register is a felony of the third degree as specified in 943.0435(10)[ [1] ] and 944.607(10)....

...or more than a month, the affidavit alleged that a search of appellant's residence on September 22, 1999, revealed that his driver's license listed a Boca Raton address. According to the affidavit, appellant violated the registration requirements of section 943.0435, Florida Statutes (1999), by failing to notify the DMV of the change in his permanent or temporary residence within forty-eight hours of his move....

...Appellant alleged that the trial court found that he had violated the terms of his probation by not registering his change of address, pursuant to section 775.21, Florida Statutes. He argued that he did not have to comply with the registration requirements of section 943.0435, Florida Statutes, because the trial court did not verbally declare appellant to be a "sexual predator" pursuant to section 775.21, Florida Statutes....

...The trial court denied appellant's motion for rehearing. It concluded that appellant was not subject to the registration requirements contained in section 775.21, Florida Statutes. However, the trial court concluded that because appellant met the definition of a "sexual offender" in sections 943.0435(1)(a)1(b), Florida Statutes, he was bound by the registration requirement in 943.0435(4), Florida Statutes....

...[2] Appellant contends that the DMV registration requirement was a special condition of his probation and because the trial court failed to orally announce it at sentencing, it must be stricken from his probation. Next, appellant contends that the trial court erred in revoking his probation for violating section 943.0435, Florida Statutes, because the statute does not apply to him....

...defendant with constructive notice. ")(emphasis added); see also Leroux v. *42 State, 665 So.2d 1115, 1116 (Fla. 4th DCA 1996). Next, appellant argues that because he was not released on or after October 1, 1997, from his probation, [3] pursuant to section 943.0435(1)(a)2, Florida Statutes, he does not have to register with the DMV, as required under section 943.0435(4), Florida Statutes. Section 943.0435, Florida Statutes, must be read in conjunction with Section 944.607, Florida Statutes, which states in part: (1) As used in this section, the term: (a) "Sexual offender" means a person who is in the custody or control of, or under th...

...(9) A sexual offender, as described in this section who is under the supervision of the Department of Corrections but who is not incarcerated shall, in addition to the registration requirements provided in subsection (4), register in the manner provided in s. 943.0435(3), (4), and (5), unless the sexual offender is a sexual predator, in which case he or she shall register as required under s. 775.21. A sexual offender who fails to comply with the requirements of s. 943.0435 is subject to the penalties provided in s. 943.0435(10). § 944.607, Fla. Stat. (1999)(emphasis added). Section 943.0435, Florida Statutes, states in part: (1) As used in this section, the term: (a) "Sexual offender" means a person who has been : ......

...(4) Each time a sexual offender's driver's license or identification card is subject to renewal, and within 48 hours after any change in the offender's permanent or temporary residence, the offender shall report in person to a driver's license office, and shall be subject to the requirements specified in subsection (3). § 943.0435, Fla. Stat. (1999)(emphasis added). We agree with appellant that the definition of a sexual offender in section 943.0435(1)(a)2, Florida Statutes, does not apply to him....

...However, appellant qualifies as a "sexual offender" under section 944.607(1), Florida Statutes, and therefore, he must comply with the registration requirements contained in section 944.607, Florida Statutes. Section 944.607(9), Florida Statutes, incorporates section 943.0435(4), Florida Statutes, and provides: "A sexual offender, as described in this section, ... shall, in addition to the registration requirements provided in subsection (4), register in the manner provided in s. 943.0435(3), (4), and (5)...." See § 944.607(9), Fla. Stat. (1999). Thus, the trial court should have concluded that appellant met the definition of a `sexual offender" under section 944.607(1)(a),(b), Florida Statutes, rather than the definition of sexual offender under section 943.0435(1)(a)1(b), Florida Statutes. However, the trial court correctly concluded that appellant violated his probation when he failed to register with the DMV, as required under section 943.0435(4), Florida Statutes....

...t simply be an acknowledgment of the abstract proposition that merely forgetting to do an act does not equate with intentionally and willfully refusing to do it. The entire context suggests to me that the trial judge found the failure to comply with section 943.0435 not a mere oversight because his probation officer had just reminded him of the obligation, yet he still had not done it. On remand the trial judge can place his authoritative construction on the passage. NOTES [1] In a footnote to section 944.607(9), Florida Statutes (1999), which references section 943.0435(10), the Division of Statutory Revision of the Office of Legislative Services noted: "Section 943.0435(10) does not provide penalties." Section 943.0435(9), Florida Statutes, provides: "A sexual offender who does not comply with requirements of this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, s. 775.084." [2] The state has filed a notice of concession of error. We reject the state's concession that the trial court erred when it found appellant subject to section 943.0435, Florida Statutes....

...r 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....

...In addition, element number B of instructions 11.15(g), 11.15(i), and 11.15(j) is amended with “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....

...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))....

...The instructions shall be effective when this opinion becomes final. It is so ordered. CANADY, C.J, and PARIENTE, LEWIS, QUINCE, POLSTON, LABARGA, and PERRY, JJ., concur. *1092 APPENDIX 11.14 FAILURE TO REGISTER AS A SEXUAL OFFENDER (Initially Register) § 943.0435(2)(a)-(b), Fla....

...Comment This instruction was adopted in 2008 [ 983 So.2d 531 ] and revised in 2012. 11.14(a) FAILURE TO REGISTER AS A SEXUAL OFFENDER (Failure to Comply with Registration of a Residence, Motor Vehicle, Trailer, Mobile Home, Manufactured Home, Vessel, or Houseboat) § 943.0435(2)(b)l, Fla....

...his offense. Comment This instruction was adopted in 2008 [ 983 So.2d 531 ] and revised in 2012. 11.14(b) FAILURE TO REGISTER AS A SEXUAL OFFENDER (Failure to Comply with Registration of Employment or Enrollment at an Institution of Higher Learning) § 943.0435(2)(b)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. 11.14(c) FAILURE TO REGISTER AS A SEXUAL OFFENDER (Failure to Report to Department of Highway Safety and Motor Vehicles) § 943.0435(3), Fla....

...Lesser Included Offenses No lesser included offenses have been identified. Comment This instruction was adopted in 2008 [ 983 So.2d 531 ] and revised in 2012. 11.14(d) FAILURE TO REGISTER AS A SEXUAL OFFENDER (Failure to Report Change of Name or Address within the State or Jurisdiction) § 943.0435(4), Fla....

...Lesser Included Offenses No lesser included offenses have been identified. Comment This instruction was adopted in 2008 [ 983 So.2d 531 ] and revised in 2012. 11.14(e) FAILURE TO REGISTER AS A SEXUAL OFFENDER (Failure to Report Change of Residence to Another State or Jurisdiction) § 943.0435(7), Fla....

...Lesser Included Offenses No lesser included offenses have been identified for this offense. Comment This instruction was adopted in 2008 [ 983 So.2d 581 ] and revised in 2012. 11.14(f) FAILURE TO REGISTER AS A SEXUAL OFFENDER (Failure to Report Intent to Remain within the State or Jurisdiction) § 943.0435(8), 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. 11.14(g) FAILURE TO REGISTER AS A SEXUAL OFFENDER (Failure to Report Twice a Year/Failure to Report Quarterly) § 943.0435(14)(a) or (b), Fla....

...See instruction 11.11(h) 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. *1099 11.14(h) Sexual Offender Definitions § 943.0435(1), Fla....

...endant appears without counsel."). Accordingly, the defendant's sentence is vacated and this matter is remanded for resentencing. Judgment AFFIRMED, Sentence VACATED; and case REMANDED for RESENTENCING. ORFINGER and COHEN, JJ., concur. NOTES [1] See § 943.0435, Fla....

...In rejecting Appellant's claim, we adopt the analysis of the court in Doe v. Moore, 410 F.3d 1337 (11th Cir.2005), which rejected a similar attack on Florida's statutory scheme requiring registration and public notification of persons designated as sexual offenders. § 943.0435, Fla....

...in 1996. Jackson's license had been suspended for failure to pay traffic fines and reinstated after he made payment. Jackson contends the court erred in revoking his probation based on his failure to register because the State alleged a violation of section 943.0435(3), (4), Florida Statutes (2000), which requires that sexual offenders (not sexual predators) 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....

...ffender." Because the affidavit of violation did not specify the statute allegedly violated, defense counsel moved for a statement of particulars. The trial court granted the motion, and the State advised defense counsel that it was proceeding under section 943.0435....

...Thus, Jackson argues that his probation could not be revoked based on his failure to comply with the sexual offender registration statute, since that provision does not apply to him, a sexual predator. The State argues that the error in charging Jackson with a violation of section 943.0435 was harmless....

...onclude 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)....

...December 19, 2002. Fred M. Johnson, Fuller, Johnson, and Farrell, PA., Tallahassee for Appellant. Richard E. Doran, Attorney General; Alan R. Dakan, Assistant Attorney General, Tallahassee, for Appellee. PER CURIAM. The registration and reporting requirements of Section 943.0435, Florida Statutes (2000) are regulatory and procedural in nature and do not violate the ex post facto clause. See Simmons v. State, 753 So.2d 762 (Fla. 4th DCA 2000) (holding that section 943.0435, Florida Statutes, does not violate ex post facto clause as it neither alters the definition of criminal conduct nor constitutes punishment)....

...ant. Charles J. Crist, Jr., Attorney General, Tallahassee, and Rebecca Rock McGuigan, Assistant Attorney General, Daytona Beach, for Appellee. EVANDER, J. Appellant entered a no contest plea to the charge of failure to register as a sexual offender. § 943.0435, Fla....

...erit. State v. J.M., 824 So.2d 105 (Fla.2002). In J.M., our supreme court held that an adjudication of delinquency did not constitute a felony criminal conviction for purposes of adjudicating a person to be a sexual predator. However, an analysis of section 943.0435 leads us to find that appellant was, indeed, required to register as a sexual offender in Florida. In 2002, section 943.0435(1)(a), Florida Statutes, was amended to add subsections (3) and (4)....

...We further reject appellant's equal protection argument. When a statute implicates fundamental rights or concerns a suspect class, the statute is to be analyzed under a strict scrutiny test. City of Cleburne v. Cleburne Living Ctr., 473 U.S. 432, 105 S.Ct. 3249, 87 L.Ed.2d 313 (1985). However, section 943.0435(1)(a) does neither and, accordingly, is to be analyzed under a rational basis test....

...e was adjudicated guilty of the underlying crime and sentenced to nine months in the county jail. At some point after this conviction and sentence, FDLE advised Whitt that he is classified as a sexual offender and is required to register pursuant to section 943.0435, Florida Statutes....

...FDLE also informed him that the registry restrictions imposed by section 794.065, Florida Statutes, are applicable to him. Whitt subsequently filed a motion to declare section 794.065, Florida Statutes, inapplicable as it pertains to him and a motion to declare section 943.0435, Florida Statutes, unconstitutional as it pertains to him....

....065, Florida Statutes (2004), were inapplicable to Whitt because section 794.065(2) specifically states that the statute applies to offenses that occur on or after October 1, 2004. Whitt’s offense occurred in March 1996. The court also ruled that section 943.0435, Florida Statutes (1997), requires sexual offenders to register with the Department of Law Enforcement....

...ation. The court held that since Whitt could not be designated a sexual offender at the time of his offense or at the time of his plea, FDLE had no authority to require him to submit to the registration requirements imposed on sexual offenders under section 943.0435....

...as a sexual offender. Therefore, the petition for certio- *1127 rari is granted and the April 23, 2012, order is quashed. PETITION GRANTED, ORDER QUASHED. ORFINGER, C.J., TORPY and JACOBUS, JJ., concur. . This action was not filed pursuant to either section 943.04354, Florida Statutes (2012), or section 943.0435(11), Florida Statutes (2012).

...oper interpretation of the statute requiring certain juveniles to register as sexual offenders, it ultimately ordered K.J.F. to register. *1206 The dispositive issue on appeal is whether the trial court erred in concluding that sections 985.4815 and 943.0435, Florida Statutes (2008), require a juvenile to register as a sexual offender where the juvenile has committed a qualifying offense but adjudication of delinquency has been withheld....

...x offenders when adjudication of delinquency is withheld, we will consider whether this interpretation is consistent with the other relevant statutes. Although the State argues that it is not, we disagree. The Plain Language of Sections 985.4815 and 943.0435 Section 985.4815(4) requires "[a] sexual offender ......

...r" is defined in relevant part as "a person who is in the care or custody or under the jurisdiction or supervision of the department or is in the custody of a private correctional facility and who ... [h]as been adjudicated delinquent as provided in s. 943.0435(1)(a)1.d." Thus, for the purposes of the reporting requirements, a juvenile is considered a "sexual offender" when the juvenile meets the following criteria: On or after July 1, 2007, [he or she] has been adjudicated delinquent for commit...

...nds sexual activity by the use of force or coercion; (III) Section 800.04(5)(c)1. where the court finds molestation involving unclothed genitals; or (IV) Section 800.04(5)(d) where the court finds the use of force or coercion and unclothed genitals. § 943.0435(1)(a)1.d. Section 985.4815 also defines the term "conviction" by reference to section 943.0435, which addresses reporting requirements for both adults and juveniles. § 985.4815(1)(b). Although the term "conviction" is not used in section 985.4815 other than in the provision setting forth *1207 the definition, the term "convicted" is used. Section 943.0435(1)(b) provides that definition as follows: "Convicted" means that 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, and...

...As a result, the court concluded that a "plain reading" of the statute indicated that "an adjudication of delinquency does not trigger the sexual predator status provisions of the Predator Act." Id. Here, as in J.M., the key language is simply not included in the relevant provisions. Neither section 985.4815 nor section 943.0435 refers specifically to a withhold of adjudication of delinquency....

...The specific definition of "sexual offender" applicable to juveniles under both provisions contains no mention of a withhold of adjudication in any context. It states only that a sexual offender is a person who has been "adjudicated delinquent" for certain enumerated acts. See § 943.0435(1)(a)1.d....

...ere 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, and includes an adjudication of delinquency of a juvenile as specified in this section. § 943.0435(1)(b)....

...the end of the entire definition. Instead, the Legislature separated the language concerning "adjudication of delinquency" from the remainder of the definition. Because neither the definition of "convicted" nor the remainder of sections 985.4815 and 943.0435 state that an offense for which an adjudication of delinquency has been withheld may qualify a juvenile as a sexual offender, we hold that registration is not required under such circumstances. In Pari Materia Because the State has suggested that this plain-language interpretation is inconsistent with other relevant statutes, we have also considered section 985.4815 in pari materia with the remainder of chapter 985 and section 943.0435....

...including the evil to be corrected, the language, title, and history of its enactment, and the state of law already in existence." Id. (citations omitted). The State's position is that the language "regardless of whether adjudication is withheld" in section 943.0435(1)(b) indicates that a withhold of adjudication, whether in juvenile or adult court, must always be a conviction under the sexual offender registration statutes. This interpretation is not required by the language. Additionally, a comparison of the 2006 version of section 943.0435(1)(b) with the current language, which was added in 2007, further illustrates our point that the language concerning withheld adjudications does not apply to adjudications of delinquency. In 2006, section 943.0435(1)(b) provided that "[c]onvicted" meant that "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." The statute also did not include juveniles in the definition of sexual offenders. See § 943.0435, Fla....

...Clearly, when the phrase "regardless of whether adjudication is withheld" was originally inserted, it applied only to determinations of guilt in adult proceedings. In 2007, the Legislature expanded the definitions of both "sexual offender" and "convicted" in section 943.0435 so that certain juvenile offenders would be required to register as sexual offenders....

...uch information, and to the public by a law enforcement agency or public agency will further the governmental interests of public safety. Section 985.481 goes on to set forth notification requirements for sexual offenders, as that term is defined in section 943.0435(1)(a)1.d., thus indicating that the offenders who meet this definition are the types of offenders who "pose a high risk of engaging in sexual offenses even after being released from commitment" such that measures must be taken to protect the public from them....

...847.0133; (b) A juvenile found to have committed any felony violation of law or delinquent act involving juvenile sexual abuse. "Juvenile sexual abuse" means any sexual behavior that occurs without consent, without equality, or as a result of coercion.... § 985.475(1). Unlike section 943.0435(1)(a)1.d., this provision does not require an adjudication of delinquency for a juvenile to be considered a "juvenile sexual offender," as opposed to a "sexual offender." The only requirement is for the juvenile to be "found to have committed" certain acts....

...Such a finding occurs regardless of whether adjudication is imposed or withheld. See § 985.35(4)-(5) (indicating that a court may either withhold adjudication or impose adjudication *1211 after finding that the child has committed a delinquent act). Based on our review of section 943.0435 and chapter 985, we conclude that our plain-language interpretation of the definitions of "sexual offender" and "convicted" as those terms are used in section 943.0435 is supported by a reading of those definitions in pari materia with all relevant statutes....

...The arrest warrant alleged that Walker had violated condition 5 of his probation as follows: [T]he aforesaid has failed to remain at liberty without violating any law as evidenced by him having failed to register as a sex offender with the State of Florida in compliance with Florida Statute 943.0435 due to the fact the aforesaid having no approvable/verifiable residence in the State of Florida ....

...on the evidence presented that there has been a willful and substantial Violation of Probation Condition Five, in that Mr. Walker would live and remain at liberty without violating any law — the law, which I specifically find that he's violated is section 943.0435 of the Florida statutes, specifically Subsection 2, Subsection B, which provides in material part that a sexual offender — in this case Mr....

...Whether a violation of probation is willful and substantial is a factual issue that cannot be overturned on appeal unless there is no evidence to support it. Wilson v. State, 781 So.2d 1185 (Fla. 5th DCA 2001). *1007 Here, at the VOP hearing, the trial court pronounced that Walker had violated condition 5 under section 943.0435(2) of the Florida Statutes....

...at the hearing or in its written order. Accordingly, we reverse the trial court's finding that Walker violated his probation and the judgment and sentence entered as a result thereof. REVERSED. PALMER, C.J., SAWAYA and LAWSON, JJ., concur. NOTES [1] Section 943.0435(2)(a) and (b), Florida Statutes (2005) provides as follows: 943.0435....

...ed in lieu of a physical address. In the definitional instructions, the amendments clarify that a “physical residential 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)....

...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. 11.14(g) FAILURE TO REGISTER AS A SEXUAL OFFENDER (Failure to Report Twice a Year/Failure to Report Quarterly) § 943.0435(14)(a) or (b), Fla....

...See instruction 11.14(h) 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. 11.14(h) SEXUAL OFFENDER DEFINITIONS § 943.0435(1), Fla. Stat. Definitions. “Sexual offender” means a person who (Insert the appropriate criteria specified by § 943.0435(1))....

...withheld,” for purpose of registering as a felon); § 775.084, Fla. Stat. (regarding sentence enhancement for habitual felony offenders, which expressly treats probation or community control without an adjudication of guilt as a prior conviction); and § 943.0435(1)(b), Fla....

...f a viable defense and, if so, whether Munroe would have gone to trial if he had been informed of the defense. On August 28, 2008, Munroe pleaded no contest to failure to register as a sexual offender in the Sixth Judicial Circuit, Pasco County. See § 943.0435(9), Fla. Stat. (2007). He was designated a sexual offender because he had been convicted of false imprisonment in the Seventeenth Judicial Circuit, Broward County. See § 787.02, Fla. Stat. (2000); § 943.0435(1)(a)(1)(a)(I), Fla....

...In re Standard Jury Instructions in Criminal Cases—Report No. 2007-4, 983 So.2d 531 app. at 533 (Fla.2008). Florida's sexual offender registration statute provides several ways to prove sexual offender status, one of which is proof of a prior conviction under a cross-referenced statutory section: 943.0435 Sexual offenders required to register with the department; penalty.— (1) As used in this section, the term: (a)1....

...847.0135, excluding s. 847.0135(4); s. 847.0137; s. 847.0138; s. 847.0145; or s. 985.701(1); or any similar offense committed in this state which has been redesignated from a former statute number to one of those listed in this sub-sub-subparagraph.. . . § 943.0435(1)(a)(1)(a)(I)....

...h requires certain defendants to register as sexual predators. . ., is unconstitutional as applied to a defendant whose crime indisputably did not contain a sexual element"); see Raines v. State, 805 So.2d 999, 1003 (Fla. 4th DCA 2001) (holding that section 943.0435 violates equal protection where it includes "offender[s] convicted of false imprisonment in the definition of `sexual offender,' *976 without a concomitant sexual component")....

...Charlie Crist, Attorney General, Karen Armstrong, Assistant Attorney General, Tallahassee, for Appellee. *204 WEBSTER, J. Appellant seeks review of his conviction for a lewd and lascivious battery on a child 12 years of age or older, but less than 16, and of his ensuing designation as a "sexual offender" for purposes of section 943.0435, Florida Statutes (2001). He argues that (1) the trial court should have granted his motion for a judgment of acquittal and (2) section 943.0435 violates article I, section 9, of the Florida Constitution because it does not provide for a hearing prior to designation as a "sexual offender." We disagree and, accordingly, affirm....

...We first affirm appellant's conviction for lewd and lascivious battery. Notwithstanding his argument to the contrary, the evidence was clearly legally sufficient to support the jury's verdict and the ensuing adjudication of guilt. Designation as a "sexual offender" for purposes of section 943.0435 turns on a single issue—whether one has been "[c]onvicted of committing, or attempting, soliciting, or conspiring to commit" any of a number of specified offenses. § 943.0435(1)(a)1, Fla....

...Appellant candidly concedes that he has no procedural due process claim pursuant to the Fourteenth Amendment to the United States Constitution as the result of the Supreme Court's decision in Connecticut Department of Public Safety v. Doe, 538 U.S. 1, 123 S.Ct. 1160, 155 L.Ed.2d 98 (2003). Nevertheless, he argues that section 943.0435 violates his right to procedural due process found in article I, section 9, of the Florida Constitution because it does not provide for a hearing before designation as a "sexual offender." Appellant correctly notes that we are not necessarily precluded by Connecticut Department of Public Safety v....

...State, 596 So.2d 957, 962 (Fla.1992) (noting that, "[i]n any given state, the federal Constitution thus represents the floor for basic freedoms; the state constitution, the ceiling"). The flaw, however, in appellant's argument lies in his initial premise that he was designated a "sexual offender" for purposes of section 943.0435 without a hearing. The only relevant consideration for determining whether appellant qualified as a "sexual offender" was whether he had been convicted of one of the offenses specified in section 943.0435(1)(a)1....

...ysis. See Johnson v. State, 795 So.2d 82, 89 (Fla. 5th DCA 2000). Appellant's conviction for a lewd and lascivious battery on a child 12 years of age or older, but less than 16, and his *205 ensuing designation as a "sexual offender" for purposes of section 943.0435, Florida Statutes (2001), are affirmed....

...Crist, Jr., Attorney General, Tallahassee, and Katherine Coombs Cline, Assistant Attorney General, Tampa, for Appellee. SILBERMAN, Judge. John D. Newell appeals his conviction and sentence for failing to comply with the sexual offender registration requirements contained in section 943.0435, Florida Statutes (2000). We affirm. In February 2002, Newell was charged with failure to register as a sexual offender. Among other things, section 943.0435 requires a convicted sexual offender to register and provide specific information to law enforcement and to notify law enforcement of any change in residence. Newell filed a motion to dismiss, arguing that section 943.0435 is unconstitutional on procedural due process grounds. After the trial court denied the motion. Newell entered a no constent plea while reserving the right to appeal the denial of his motion. On appeal, Newell argues that section 943.0435 violates procedural and substantive due process requirements. [1] Procedural due process challenges to section 943.0435 have previously been rejected by this court and other district courts of appeal....

...4th DCA 2003); Johnson v. State, 795 So.2d 82 (Fla. 5th DCA 2001). Accordingly, we conclude that the trial court did not err by denying Newell's motion to dismiss as to procedural due process. Concerning substantive due process, Newell argues that section 943.0435 improperly lacks any requirement of guilty knowledge, scienter, or mens rea. The Florida Supreme Court rejected this argument in State v. Giorgetti, 868 So.2d 512 (Fla.2004), and held that section 943.0435 must be construed as including a knowledge requirement. Newell also makes a generalized attack on section 943.0435 without providing any significant analysis or citation to legal authority....

...3, 2015) [hereinafter Amended Complaint]. Both are also “sexual offenders” under the Ordinance because they are residents of Miami-Dade County and are registered as sexual offenders. Id. at ¶¶ 14, 45; see Ordinance § 21-280(10) (citing Fla. Stat. § 943.0435). However, Doe #2 only alleged that he was convicted of his relevant sexual offense in 2006. See Amended Complaint at ¶ 32....

...a place of permanent residence or temporary residence. (9) “School” means a public or private kindergarten, elementary, middle or secondary (high) school. (10) “Sexual offender” shall have the meaning ascribed to such term in Section 943.0435, Florida Statutes. 13 Case: 15-14336 Date Filed: 01/25/2017 Page: 14 of 15 (11) “Sexual offense” means a conviction under Section 794.011, 800.04, 827.071, 847.0135(5) or 847.0145,...

...Lipson, Assistant Public Defender, West Palm Beach, for appellant. Charles J. Crist, Jr., Attorney General, Tallahassee, and Michael J. Neimand and Andrea D. England, Assistant Attorney's General, Fort Lauderdale, for appellee. MAY, J. The defendant appeals the trial court's denial of his motion to declare section 943.0435, Florida Statutes (2002), the sexual offender statute, unconstitutional....

...denied, 658 So.2d 990 (Fla.1995). The defendant's third issue involves his strained construction of the registration requirements of the statute. He argues that because section 944.607(9), Florida Statutes (2002), provides for the offender to register according to section 943.0435(3), and that section does not require registration until 48 hours after being released from supervision, he should not have to register until he is released from probation. Simply put, his argument lacks merit. There is no room for doubt that the reference to "release" in section 943.0435(3) is for offenders serving prison time, not for those on probation. Section 944.607(9) provides for the registration of offenders not serving prison time and clearly requires them to register in the same "manner" as provided in section 943.0435(3)....

...Robert A. Butterworth, Attorney General, Tallahassee, and James J. Carney, Assistant Attorney General, West Palm Beach, for appellee. POLEN, J. Richard Quinn appeals his conviction for failure to register as a sex offender. We affirm. Quinn argues section 943.0435, Florida Statutes (Supp.1998) is facially unconstitutional because it fails to contain a scienter or guilty knowledge element....

...We conclude the Florida legislature weighed the possible injustice of subjecting an innocent unregistered offender to a penalty against the evil of exposing innocent citizens to danger from repeat sexual offenders, and concluded the latter was the result preferably to be avoided. Because section 943.0435 is a regulatory statute, we find Quinn's second point equally unpersuasive....

...llee. PER CURIAM. Appellant, Christopher McMann, appeals his judgment and sentence and argues that the trial court erred in denying his motion to dismiss the charge of failing to report every six months to the county sheriff's office in violation of section 943.0435(14)(a), Florida Statutes (2005). We agree with Appellant that he did not qualify as a sexual offender under section 943.0435 because he was on probation. See § 943.0435(1)(a)2., Fla. Stat. (2005) (defining a "sexual offender," as that term is used in section 943.0435, as a person who has been released on or after October 1, 1997, from the sanction imposed for an enumerated offense and providing that a sanction includes but is not limited to probation); see also Grumet v....

...o is in the custody or control of, or under the supervision of, the department or is in the custody of a private correctional facility); see also Grumet, 771 So.2d at 42. Importantly, section 944.607(13)(a) has the same reporting requirement as does section 943.0435(14)(a) and contains identical language. While the State properly included the language of section 944.607(13)(a) in the charging document, it erred in citing section 943.0435(14)(a)....

...Crist, Jr., Attorney General, and Richard L. Polin, Assistant Attorney General, for appellee. Before WELLS and CORTINAS, JJ., and SCHWARTZ, Senior Judge. WELLS, Judge. Jose R. Garcia appeals from an order denying his motion to declare the Florida Sexual Offender Registration Act, section 943.0435, Florida Statutes (2003), unconstitutional on due process grounds. We affirm. Garcia claims that the Act denies him procedural due process because the registration requirements of section *972 943.0435 fail to provide for a hearing to determine whether he presents a danger to the public sufficient to require registration....

...at fact. That is all that procedural due process requires. Milks v. State, 894 So.2d 924, 927-28 (Fla.2005) (citations and footnotes omitted); see Navarro v. State, 888 So.2d 144, 144 (Fla. 3d DCA 2004)(finding no merit to a due process challenge to section 943.0435)....

...4th DCA 2000). In State v. Stapleton, 764 So.2d 886 (Fla. 4th DCA 2000), the trial court granted the defendant's motion to withdraw his guilty plea to lewd assault, because he had not been informed that he would have to register as a sexual predator under section 943.0435, Florida Statutes, or that he was subject to the Jimmy Ryce Act....

...David, Assistant Attorney General, and Trisha Meggs Pate, Bureau Chief, Criminal Appeals, Tallahassee, for Appellee. VAN NORTWICK, J. Michael Darrell Robinson, a sexual offender, appeals his conviction for failure to comply with the sexual offender registration requirements of section 943.0435(4), Florida Statutes (2006)....

...section 921.0026(2), Florida Statutes (2006), in determining whether it could downwardly depart from the sentencing guidelines. We reverse appellant's conviction because, as a matter of law, the evidence was insufficient to establish a violation of section 943.0435(4)....

...e was vacating his residence at 7028 S.W. 18th Place, Gainesville, Florida and would be residing at 413 South Main Street, St. Francis House, in Gainesville, the local homeless shelter. He listed St. Francis House as his current permanent residence. Section 943.0435(1)(c) provides that "permanent residence" has the same meaning ascribed in section 775.21, Florida Statutes (2006)....

...is permanent address from St. Francis House to 7204 S.W. 44th Place, Apartment 2, Gainesville. On May 3, 2007, appellant was charged with "knowingly and intentionally" failing "to report a change of his temporary or permanent address ... contrary to section 943.0435(4) ..." Section 943.0435(4)(b) provides: A sexual offender who vacates a permanent residence and fails to establish or maintain another permanent or temporary residence shall, within 48 hours after vacating the permanent residence, report in person to the sheriff's office of the county in which he or she is located....

...The trial court ruled that the shelter could not constitute appellant's permanent residence because "sleeping on the sidewalk outside the place where you're not allowed is [not] lodging and residing at the place," and that, therefore, appellant had violated section 943.0435(4)....

...We do not believe it is necessary to reach the question of whether a homeless shelter qualifies as a permanent residence under the particular facts of this case. We reach this conclusion because it is undisputed that appellant did advise the local authorities where he could be located and complied with the requirement of section 943.0435(4)(b) that he "provide an address for the residence or other location that he......

...ellant. Charles J. Crist, Jr., Attorney General, Tallahassee, and Rebecca Roark Wall, Assistant Attorney General, Daytona Beach, for Appellee. TORPY, J. Appellant challenges his conviction for violating the registration and reporting requirements of section 943.0435, Florida Statutes (1998) (the "Reporting Act"), which requires a "sexual offender" to register and report upon release from prison....

...First, the language of the *621 Reporting Act is materially different from the language of the Ryce Act. The Reporting Act applies to persons who are "released on or after October 1, 1997, from the sanction imposed for any conviction of an [enumerated offense]." § 943.0435(1)(a)2., Fla....

...2007-4, 983 So.2d 531, 549 (Fla.2008), as instructive. [2] In Giorgetti, the Florida Supreme Court addressed whether the State was required to prove knowledge of the registration requirement as an element of the crime of failing to register as a sexual offender under section 943.0435, Florida Statutes (2000)....

...State, 684 So.2d 736, 743 (Fla.1996)). The court also noted the reluctance of the United States Supreme Court to impute to Congress the intent to do away with the mens rea requirement in cases involving serious consequences. Id. at 518-19. Regarding section 943.0435, the Florida Supreme Court observed that the failure to register as a sexual offender is a third-degree felony carrying serious consequences and that "because the statute contains no expression of any intent to remove knowledge as an...

...fender registration statutes] can stand.'" Id. at 520 (quoting Lambert v. California, 355 U.S. 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....

...te double jeopardy, and remand for resentencing on the remaining convictions. But we reject—on the authority of Rogers v. State, 33 So.3d 805, 806 (Fla. 1st DCA 2010)—appellant's argument that the trial court did not have jurisdiction, pursuant to section 943.0435, Florida Statutes (2006), to designate him a sexual offender....

...Tyjuan Johnson asserts his designation as a sexual offender and the registration and community notification requirements for sexual offenders are unconstitutional. In his Amended Motion to Prohibit Imposition of Sexual Predator [1] and Offender Designations and Sanctions, Johnson alleged that sections 943.043, 943.0435, 944.606, and 944.607, Florida Statutes (1999) were violative of his state and federal procedural due process rights and of his right to privacy....

...7.025; chapter 794; § 796.03; § 800.04; § 825.1025; § 827.071; § 847.0133; 847.0135; § 847.0145; or any similar offense committed in this state which has been redesigned from a former statute number to one of those listed in this subparagraph. § 943.0435, Fla....

...Similarly, this Court finds that the defendant in this case is not denied his right to life, liberty or property by being designated a Sexual Offender. Consequently, the defendant is not denied his rights under Article I, Sections II and IX of the Florida Constitution due to the registration and notification requirements of § 943.0435, Fla....

...Crist, Jr., Attorney General, Tallahassee, and Cerese Crawford Taylor, Assistant Attorney General, Tampa, for Appellee. FULMER, Chief Judge. Eugene Kester Horton challenges his conviction for failure of a sex offender to report a change of address, a violation of section 943.0435, Florida Statutes (2004)....

...egistration and change of address requirement. The trial court overruled the defense objection and allowed the State to introduce an exhibit consisting of documents showing the prior conviction. Both in the trial court and on appeal, the State cites section 943.0435(9)(c) as justification for the trial court's decision to allow the prior conviction. The trial court agreed with the State's argument and interpreted section 943.0435(9)(c) as authority for the State to introduce the prior conviction. Section 943.0435(9), provides: (9)(a) A sexual offender who does not comply with the requirements of this section commits a felony of the third degree, punishable as provided in s....

...The evidence of Horton's prior conviction had no probative value as to any disputed issue. Although the State was required to show that Horton had notice of the duty to register, the notice element was not a disputed issue at trial because Horton was not asserting, and could not assert pursuant to section 943.0435(9)(c), lack of notice as a defense....

...Miller was sentenced as a youthful offender to six years probation. [2] Miller filed a motion for early termination of probation, which the court granted on June 8, 2007. Miller subsequently filed a motion requesting that he be removed from the sex offender registry as permitted in section 943.04354, Florida Statutes (2007)....

...emoval from the registry under Florida law. Three separate hearings on Miller's motion were conducted. Miller made three arguments: that the offense to which he entered his plea did not require proof that the act in question was not consensual; that section 943.04354, Florida Statutes (2007), does not expressly require that the offense in question involve consensual conduct; and, in any event, that the sex act between Miller and the victim was, in fact, consensual. Evidence was offered on the consent issue. Subsequently, the trial court entered a written order denying Millers motion. The trial court acknowledged that section 943.04354, Florida Statutes, makes no direct reference to a consent requirement, but concluded that the statute must be read in conjunction with federal law because section 943.04354 requires that removal from the Florida registry must not conflict with federal law....

...motion had to be denied. Upon conviction for a violation of section 800.04, Florida Statutes, as well as other enumerated sections, a defendant is automatically designated a sexual offender and *780 subject to registration requirements contained in section 943.0435, Florida Statutes. However, under section 943.04354, a new law, effective July 1, 2007, a defendant designated as a sexual offender for such a conviction may petition the sentencing court for removal from the sex offender registry if he meets certain criteria. Specifically, section 943.04354, provides: (1) For purposes of this section, a person shall be considered for removal of the requirement to register as a sexual offender or sexual predator only if the person: (a) Was or will be convicted or adjudicated delinquent of a violation of s....

...y had done so. [7] Because a consensual act is a prerequisite for removal from the sex offender registry and Miller was unable to persuade the trial court that the offense of which he was convicted was consensual, he is not entitled to removal under section 943.04354, Florida Statutes. AFFIRMED. MONACO, C.J., and ORFINGER, J., concur. NOTES [1] § 943.0435, Florida Statutes (2007)....

NORTHCUTT, Judge. Larry Tyler was convicted of failing to register as a sexual offender because he did not obtain an updated driver’s license after changing his residence, as required by section 943.0435, Florida Statutes (2007)....

...or temporarily changes his residence, he must within forty-eight hours report in person to the sheriffs office to register the new address, be photographed, have fingerprints taken, and furnish various items of information specified in the statute. § 943.0435(2)....

...Then, within forty-eight hours after reporting to the sheriffs office, the offender must report in person to the driver’s license office of the Department of Highway Safety and Motor Vehicles to secure or renew a driver’s license or identification card bearing the new address. § 943.0435(3). The statute expressly requires the offender to “[p]ay the costs assessed by the Department of Highway Safety and Motor Vehicles for issuing or renewing a driver’s license or identification card as required by this section.” § 943.0435(3)(b)....

...address. §§ 322.17(2), 322.051(2)(a), Fla. Stat. (2007). 1 The Florida statutes contain no provision for waivers or discounts to indigents. Failure to comply with the reporting and registration requirements in chapter 943 is a third-degree felony. § 943.0435(9)....

...address. Within a few days, the Lee County Sheriffs Office had Tyler’s new address in Fort Myers, and the detective visited Tyler at this address in November. But Tyler had never updated his license, and he was arrested and charged with violating section 943.0435 *963 by failing to obtain a new license after changing his residence....

...Count II specifically charged: Lawson Lamar, State Attorney of the Ninth Judicial Circuit prosecuting for the State of Florida in Osceola County... by and through the undersigned Designated Assistant State Attorney, under oath, charges that [Binder] ... in said County and State, did, in violation of Florida Statutes 943.0435(7) and 943.0435(9), fail to report in person at an office of the Sheriff of Orange County, the county of [Binder's] residence, or the Florida Department of Law Enforcement, within forty-eight (48) hours before the date he intended to establish residence in another state or jurisdiction......

...Anderson, 695 So.2d 309 (Fla.1997) and Gordon v. State, 780 So.2d *539 17 (Fla.2001). His position was that Count II should be dismissed as duplicative of Count I for impermissibly punishing different degrees of the same crime. Binder noted that under section 943.0435(4), the Department of Highway Safety and Motor Vehicles is charged with forwarding to the Department of Law Enforcement all photographs and information provided by the sexual offender....

...State, 815 So.2d 789 (Fla. 4th DCA 2002); D.P.J. v. State, 779 So.2d 291 (Fla. 2d DCA 1998); Nettles v. State, 673 So.2d 547 (Fla. 4th DCA 1996); Fla. R.App. P. 9.140(b)(2); § 924.051(4), Fla. Stat. (2002). AFFIRMED. ORFINGER and MONACO, JJ., concur. NOTES [1] Sections 943.0435(7) and 943.0435(9), Fla....

WINSOR, J. Eric Peterson was convicted of violating section 943.0435(4), Florida Statutes, which requires sex offenders to report changes of residence....

...ly and intentionally fail to report in person to the driver’s license office of the Department of Highway Safety and Motor Vehicles within forty-eight (48) hours after a change in ... residence.” This, the information alleged, was “contrary to Section 943.0435(4),” which provided: (4)(a) [Wjithin 48 hours after any change in the offender’s permanent, temporary, or transient residence ......

...establish or maintain another permanent, temporary, or transient residence shall, within 48 hours after vacating the permanent, temporary, or transient residence, report in person to the sheriffs office of the county in which he or she is, located_ § 943.0435(4), Fla. Stat. (2013). 2 Peterson was a sex offender, and he changed his residence. (He stipulated to the former; there was ample evidence of the latter.) Therefore, section 943.0435(4)(a) obligated him -to report the change to a driver’s license office....

...5th DCA 2000) ("[T]he information collected and disseminated as a result of sexual offender status [the sexual offender's name, physical description, residential address, date and place of each conviction, and a brief description of the crime or crimes committed, see § 943.0435(2)(b), Fla....

...Cummins, Inverness, for Appellant. Charles J. Crist, Jr., Attorney General, Tallahassee, and Wesley Heidt, Assistant Attorney General, Daytona Beach, for Appellee. LAWSON, J. Billy Carter appeals from an order determining that he qualifies as a "sexual offender" under section 943.0435, Florida Statutes (2005). We agree with the trial court's determination, and affirm. In relevant part, section 943.0435 directs that a person be treated as a sexual offender if he or she has (1) been convicted of one of the sexual offenses enumerated in that statute, or of a "similar offense" in another jurisdiction; and (2) was released from the sanction imposed for the conviction on or after October 1, 1997. "Convicted" is expressly defined to mean "that 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." § 943.0435(1)(b), Fla. Stat. (2005). A "sanction imposed" for a conviction is expressly defined to include probation. § 943.0435(1)(a)2, Fla....

...[1] Adjudication was withheld, and Carter was placed on probation for ten years. After two years, Carter applied for early termination of his probation. Carter's motion was granted on November 24, 1999. Therefore, he was released from his sanction in Texas after October 1, 1997. By the express terms of section 943.0435, Florida Statutes, Carter therefore qualifies as a sexual offender based upon his 1997 Texas conviction....

...han 17 years of age by any means (or the penetration of the mouth of the child by the sexual organ of the actor) constitutes a second degree felony. Sexual battery arising under section 794.011, Florida Statutes, is one of the offenses enumerated in section 943.0435, Florida Statutes.

...Rudolfo Caragol was convicted in 2002 of lewd or lascivious battery on a person over twelve but less than sixteen years of age in violation of section 800.04(4)(a), Florida Statutes (2001). This conviction necessitated his registration as a sexual offender for life. § 943.0435, Fla. Stat. (2001). Ten years later, he petitioned to have that registration requirement removed pursuant to section 943.04354(3)(b), Florida Statutes (2012), which requires, among other things, that Caragol be no more than four years older than the victim, who must have been fourteen years of age but not older than seventeen years of age at the time of the offense. §§ 943.04354(l)(c), (3)(b), Fla....

...years of sexual offender probation. As an aside, Caragol subsequently violated his probation when he committed a new law violation and was sentenced to four years in prison followed by five years of administrative probation. The Legislature enacted section 943.04354, Florida Statutes (in 2007, which makes it a relatively new enactment), in apparent recognition of the rather harsh *643 consequences that often result from compliance with the sexual offender registration requirements....

...t. Therefore, to avail himself of the statute’s removal provisions, Caragol was required to allege (in a properly filed petition) and establish enumerated statutory criteria that includes the age requirements concerning himself and the victim. See § 943.04354(l)(c), Fla....

...(2012) (requiring the defendant to allege and establish that he “[i]s not more than 4 years older than the victim of this violation who was 14 years of age or older but not more than 17 years of age at the time the person committed this violation.”); § 943.04354(3)(b), Fla....

...(2012) (requiring a petition be filed alleging that all of the requirements of subsection one of the statute are met). We specifically address the age criterion to the exclusion of the others because it constitutes the contested issue between the parties. An evidentiary hearing was held pursuant to section 943.04354(3)(b), and the order granting Caragol’s petition was rendered....

...ice. 1 See State v. Welch, 94 So.3d 631 (Fla. 2d DCA 2012). The age criterion is one of several statutory requirements that must be established in order to bestow on the trial court the discretion to remove the offender registration requirement. See § 943.04354(3)(b), Fla....

...uirement.” (emphasis added)); Vann v. State, 99 So.3d 633, 633 (Fla. 1st DCA 2012) (“In order to qualify for removal of the registration requirement, appellant had to establish he was ‘not more than 4 years older than the victim’ pursuant to section 943.04354(l)(c), Florida Statutes.”); State v. Samuels, 76 So.3d 1109, 1110-11 (Fla. 5th DCA 2011) (determining that the defendant was not entitled to removal because he was four years, one month, and twenty-one days older than the victim and therefore did not meet the requirement of section 943.04354(1)(c)); State v. Marcel, 67 So.3d 1223, 1225 (Fla. 3d DCA 2011) (“If a defendant is one day past the four-year eligibility limit prescribed by section 943.04354 of the Florida Statutes, he is ineligible to petition for relief.”)....

...the factual circumstances presented before it are not the “circumstances that the statute was intended to protect society from.” The trial court did not have the discretion to remove this designation absent a finding that Caragol qualified under section 943.04354 (and that necessarily included a finding that the age criterion was established)....

...The Petition for *645 Writ of Certiorari is granted and the order under review is quashed. PETITION GRANTED and ORDER QUASHED. EVANDER and BERGER, JJ., concur. . We note an anomaly of sorts that permits a dissatisfied defendant to appeal an order denying a motion under section 943.04354, while the State is required to seek certiorari review of an order granting such a motion....

...Bernard Parks (“Appellant”), a sex offender, appeals the denial of his dispositive motion to dismiss an information charging him with failing to notify authorities that he had changed or vacated his permanent residence, a requirement for all sex offenders under section 943.0435(4), Florida Statutes....

...lated the statute because the undisputed facts failed to establish both that he vacated his registered residence and that he was residing elsewhere. We disagree and affirm. On June 23, 2011, Appellant was released from prison and, in compliance with section 943.0435, the sex offender registration statute, informed the proper authorities that his permanent address would be 609 Allen Avenue, Panama City, Florida, 32401, a local rescue mission....

...m prison. Officer Bethlehem also spoke with additional staff and clients at the shelter, none of whom knew Appellant’s current location. Based on these facts, the State charged Appellant with failing to comply with the registration requirements of section 943.0435(4), Florida Statutes (2011)....

...3d DCA 2000) (stating that when considering a Rule 3.190(c)(4) motion, “the state is entitled to the most favorable construction of the evidence with all inferences being resolved against the defendant”). Here, the information that Appellant moved to dismiss charged him with violating section 943.0435(4), Florida Statutes (2011), which provides, in pertinent part: (a) [Wjithin 48 hours after any change in the [sexual] offender’s permanent, temporary, or transient residence ......

...In Robinson , we held that the State failed to rebut the defendant’s testimony at trial that he had been sleeping for two weeks on the sidewalk outside the shelter he had registered as his permanent residence. 6 So.3d at 678-79 . Here, for purposes of establishing a prima facie violation of section 943.0435(4), we find it sufficient that Officer Bethlehem spoke to the Rescue Mis *477 sion manager, staff, and other clients, and that no one had seen Appellant there since June 25, 2011. Appellant further contends that the State could not establish a prima facie violation without presenting facts showing he was living elsewhere. We disagree. Section 943.0435(4)(a) requires a sexual offender to report to a driver’s license office within 48 hours after “any change” in residence....

...Cutwright, 41 So.3d 389, 391 (Fla. 1st DCA 2010), we interpreted identical language in section 775.261(4)(d), Florida Statutes, 3 relating to career offender registration, to include not only establishing a new residence, but also abandoning a previous residence. Moreover, section 943.0435(4)(b) contemplates the circumstance in which the offender has vacated a permanent, temporary, or transient residence “and fails to establish or maintain another permanent, temporary, or transient residence[.]” Therefore, the Stat...

...o set forth facts showing that Appellant had vacated or abandoned his registered residence. Because the undisputed facts provided prima facie proof that Appellant vacated the Rescue Mission and failed to report the change in residence as required by section 943.0435, the trial court correctly denied Appellant’s motion to dismiss....

...qualifying sex-offense convictions who reside in Florida or visit for as little as three days in a calendar year. One requirement is to "register all electronic mail addresses and Internet identifiers" 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) )....

...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) )....

...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) )....

...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) )....

...See Hoffman Decl., ECF No. 77-2, at ¶ 19. This is sufficient to override the right to anonymous speech. VIII. The Statute Is Not Unconstitutionally Vague Failure to disclose email addresses and internet identifiers as required is a crime. See Fla. Stat. § 943.0435 (9)(a)....

..., 455 U.S. 489 , 498, 102 S.Ct. 1186 , 71 L.Ed.2d 362 (1982). A statute's scienter requirement is a factor in the analysis. See id. at 499 , 102 S.Ct. 1186 . This statute indicates that lack of notice of the duty to register is a defense. See Fla. Stat. § 943.0435 (9)(d) (providing that an arrest for, or service of an information or complaint charging, failure to register as required constitutes notice of the duty to register, and that if charged with a subsequent failure to register, a defendant may not assert the defense of lack of notice)....

...to overcome the registrant's limited right to anonymous speech. For these reasons, IT IS ORDERED: 1. The summary-judgment motions, ECF Nos. 76 and 77, are granted in part and denied in part. 2. It is declared that the requirement in Florida Statutes § 943.0435 for convicted sex offenders to disclose to the Florida Department of Law Enforcement their email addresses and internet identifiers, defined to apply only when a registrant actually uses an identifier to communicate over the internet directly with another user, is constitutional....

...(Offenses committed before January 1, 1994.) Sexual Offender/Sexual Predator Determinations: Sexual Predator The defendant is adjudicated a sexual predator as set forth in section 775.21, Florida Statutes. Sexual Offender The defendant meets the criteria for a sexual offender as set forth in section 943.0435(1)(a)1a., b., c., or d, Florida Statutes. Age of Victim - 54 -  The victim was years of age at the time of the offense. Age of Defendant The defendant was...

...We conclude that the information allowed the State to prove the "sexual offender" under three theories, one of which was supported by prima facie evidence. Although the court failed to instruct the jury on this theory, fundamental error did not occur because Moore did not dispute the theory. Accordingly, we affirm. Section 943.0435, Florida Statutes (2006), provides three ways for the State to establish that a defendant is a "sexual offender." First, a defendant is a sexual offender if he "[h]as been convicted of [an enumerated offense] in this state or similar offenses in another jurisdiction," and "[h]as been released on or after October 1, 1997, from the sanction imposed for [that offense]." § 943.0435(1)(a) Fla. Stat. (2006). Second, a defendant is a sexual offender if he "has been designated as a... sexual offender ... in another state or jurisdiction and was, as a result of such designation, subjected to registration...." § 943.0435(2) Fla....

...Third, a defendant is a sexual offender if he "[e]stablishes or maintains a residence in this state [while] in the custody or control of, or under the supervision of, any other state or jurisdiction as a result of a conviction for [an enumerated offense] or similar offense in another jurisdiction." § 943.0435(3) Fla....

...State, 92 So.2d 259, 260 (Fla. 1957)). The information alleged, in pertinent part, that Moore did, "after having been convicted of Criminal Sexual Conduct, on 5/19/1986 knowingly and unlawfully fail to comply with the requirements of Florida statute 943.0435, to wit: by failing to register...." Based on this allegation, Moore argues that the State was limited to proving that he was a sexual offender only under subsection 943.0435(1)(a), not under subsections 943.0435(2) and (3)....

...However, without additional allegations, the phrase "after having been convicted of Criminal Sexual Conduct, on 5/19/1986," could support any of the three ways to establish a sexual offender under the statute. Specifically, to establish a sexual offender under subsection 943.0435(1)(a), the State would have had to allege that criminal sexual conduct was similar to an enumerated Florida offense and that Moore was released from the sanction for that offense on or after October 1, 1997. To establish that Moore was a sexual offender under subsection 943.0435(2), the State would have had to allege that because of the 1986 conviction, Moore was required to register as a sexual offender in Michigan. Or, to prove that Moore was a sexual offender under subsection 943.0435(3), the State would have had *864 to allege that the 1986 conviction for criminal sexual conduct was similar to an enumerated Florida offense and that Moore was still under Michigan supervision for that offense....

...he elements of the offense. DuBoise v. State, 520 So.2d 260, 265 (Fla.1988); see also Wesby v. State, 966 So.2d 1031 (Fla. 4th DCA 2007) (applying the above rule in a failure to register as a sex offender case). Consequently, the State's citation to section 943.0435 was sufficient to allow it to prove Moore was a sexual offender under any of the three theories provided in that statute....

...s 1986 Michigan conviction for criminal sexual misconduct. The State presented no evidence that this crime was similar to an enumerated Florida crime or that Moore was released on or after October 1, 1997, from the sanction imposed for that offense. § 943.0435(1), Fla....

...5th DCA 2006) (noting that defendant's Texas conviction was for an offense "virtually identical" to an enumerated Florida offense, thus requiring him to register in Florida). Nor did the State prove that Moore was still under Michigan supervision for that offense. § 943.0435(3), Fla. Stat. However, the State did prove that Moore was required to register as a sexual offender in Michigan, which satisfied the "sexual offender" element under subsection 943.0435(2), Florida Statutes....

...t of acquittal. At the close of evidence, the State submitted faulty jury instructions to the court, which gave the instructions as submitted, without objection. The instructions on the elements of the crime defined a "sexual offender" only under subsection 943.0435(1), not under subsections (2) or (3)....

...Purdy, Public Defender, and Brynn Newton, Assistant Public Defender, Daytona Beach, for Appellee. ORFINGER, J. Larry Voight, a sex offender, was convicted of failing to report a change of address to the Department of Highway Safety and Motor Vehicles as required by section 943.0435(4), Florida Statutes (2007)....

...d to knowingly, failed to register. We affirm. Smith was charged by information with failure of a sexual offender to register his change of address with the Florida Department of Highway Safety and Motor Vehicles, ("DHSMV"), in violation of sections 943.0435(4) and (9), Florida Statutes (2006)....

...orted to DHSMV. Thus, we find no error with the trial judge's decision to reject the special instruction offered in this case. Additionally, the special instruction proposed by Smith misstates the law. In our view, the court in Giorgetti interpreted section 943.0435(4), Florida Statutes, as containing a general intent element....

...By contrast, we view the proposed instruction as requiring the State to prove specific intent, or that Smith subjectively intended to violate the statute. See 21 Am.Jur.2d Criminal Law § 128 (2007) ("`Specific intent' involves a subjective state of mind."). Clearly, adding a specific intent element to section 943.0435(4), Florida Statutes, would defeat the purpose of the statute....

THOMAS, J. Appellant, a convicted sex offender, challenges his conviction for failure to register as a sex offender, in violation of section 943.0435(4)(a), Florida Statutes (2005). Because competent, substantial evidence does not support his conviction for failing to register within 48 hours as required by section 943.0435(4)(a), we reverse. Section 943.0435(4)(a) requires a sex offender to report to the Department of Motor Vehicles, in person, within 48 hours after a permanent or temporary address change to renew his driver’s license or identification card....

...The State did not proffer any contrary evidence establishing that Appellant could have registered between August 24 and August 30, when he actually registered at a driver’s license office. Thus, we hold that there is no competent evidence in this case that Appellant violated section 943.0435(4)(a). As noted, section 943.0435(4)(a) requires a sex offender to report in person to a driver’s license office within 48 hours....

...We construe this statute to require that a sex offender must report to the office within two business days after the offender changes his permanent or temporary address. Were we to construe this statute otherwise, the State could prove a violation of section 943.0435(4)(a) by showing that an offender had changed his address on Friday after 5:00 p.m., but failed to register in person at a driver’s license office until Monday at 8:00 a.m., despite evidence that no driver’s license office was open for business during the intervening weekend....

...Under the rule of lenity, Florida’s criminal laws “shall be strictly construed [and] when the language is susceptible of differing constructions, [they] shall be construed most favorably to the accused.” § 775.021(1), Fla. Stat. (2005). The statutory rule of lenity requires our construction of section 943.0435(4)(a), as this section requires a sex offender to physically report to a driver’s license office....

...ness day during which a driver’s license office was open and available to Appellant. Because competent, substantial record evidence does not support a guilty verdict for failing to register as a sex offender within a 48-hour period, as required by 943.0435(4)(a), we reverse and remand Appellant’s conviction and sentence with directions to discharge him....

BENTON, J. David Ledonte Washington appeals convictions (and concurrent sentences of fiffy-two-and-one-half months) for failure to report a change in address as required by the sexual offender registration statute, section 943.0435, Florida Statutes (2012)....

...e years of sex offender probation for the solicitation charge, and eight years of sex offender probation for the traveling after solicitation charge, with the sentences running concurrently. 1 Senger was also designated as a sex offender pursuant to section 943.0435, Florida Statutes (2011)....

...found sufficient grounds under section 921.0026 to impose the downward departure sentence, the court was required to withhold an adjudication of guilt, we disagree. Second, we conclude that the trial court correctly designated Senger as a sex offender. The designation of a defendant as a sex offender is governed by section 943.0435, Florida Statutes (2011)....

...A trial court’s decision to designate a defendant as a sexual offender is an issue of statutory interpretation and is reviewed de novo. See K.J.F. v. State, 44 So.3d 1204, 1206 (Fla. 1st DCA 2010) (citing E.A.R. v. State, 4 So.3d 614, 629 (Fla.2009)). Section 943.0435(1)(a)1 defines a “sexual offender” as, inter alia, a person who: Has been convicted of committing, or attempting, soliciting, or conspiring to commit, any of the criminal offenses proscribed in the following statutes in this state or similar offenses in another jurisdiction: 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); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s. 825.1025; s. '827.071; s. 847.0133; s. 847.0135, excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145; or s. 985.701(1).... § 943.0435(l)(a)l.a.(I), Fla. Stat. (2011) (emphasis added). Senger was adjudicated guilty of violating section 847.0135(4)(b). The plain language of section 943.0435 requires that the court designate a defendant as a sexual offender if convicted of committing a criminal offense under section 847.0135, unless it is a conviction for violating section 847.0135(6), which, in this case, it is not....

PER CURIAM. Tony Lekendrick Bostic appeals a judgment of conviction for three counts of failure to register as a sex offender in vi *536 olation of section 943.0435(14), Florida Statutes (2006). Bostic argues that these multiple convictions for failure to report as a sex offender result in double jeopardy. We do not agree. Appellant was obligated to report upon release from incarceration under section 943.0435(2) and on the month of his birth and every six months thereafter under section 943.0435(14)....

...Here, section 775.21(5)(c) did not grant authority to the trial court to belatedly designate McKenzie as a sexual predator. REVERSED and REMANDED; CONFLICT CERTIFIED. ORFINGER and EDWARDS, JJ., concur. Individuals designated as sex offenders are required to comply with the registration requirements set forth in section 943.0435, Florida Statutes.

...ivity on a minor and was sentenced in February 1994 to concurrent terms of fifteen years in prison. Upon Diaz's conditional release from prison in 1999, [1] the State notified him that he was subject to the registration and reporting requirements of section 943.0435, Florida Statutes (1997), and Diaz learned that the Florida Department of Law Enforcement had posted his name and photograph on the Internet as a sexual offender....

...a and alleging ineffective assistance of counsel based on counsel's misadvice concerning the consequences of Diaz's plea. The trial court denied Diaz's motion, and Diaz appealed. Initially, we note that the registration and reporting requirements of section 943.0435 are collateral consequences of a guilty plea....

...The petitioner seeks issuance of a writ of habeas corpus and argues that Chapters 97-299 and 98-81 of the Laws of Florida, establishing registration and reporting requirements for sexual offenders, violate the single-subject requirement of the Florida Constitution. See § 943.0435, Fla....

...Accordingly, this case is remanded to the trial court to delete the designation of the appellant as a sexual predator and to delete the requirement for electronic monitoring, if that has not already been accomplished, and instead to designate the appellant as a sexual offender pursuant to section 943.0435(1)(a)1.a.(I) and (II), Florida Statutes (2007)....

...Before GERSTEN, C.J., and SHEPHERD and LAGOA, JJ. PER CURIAM. Bauder appeals from a final order of probation revocation and sentence designating him a sexual offender. Because the State concedes that Bauder does not qualify for sexual offender designation under section 943.0435(1)(a)1.a.-b., Florida Statutes (2006), we reverse the sentence and remand for the trial court to strike the sexual offender designation from the written sentencing order....

...he three-year statute of limitations. We affirm. Facts The State filed an information against Lieble for failure to register as a sex offender within 48 hours after establishing a permanent or temporary residence in Florida, in violation of sections 943.0435(2) and (9), Florida Statutes....

...Lieble pleaded no contest to the charge while reserving his right to appeal the denial of the dispositive motion to dismiss. After sentencing, Lieble timely appealed. Analysis We review this issue de novo as it involves an issue of statutory construction. S.S.M. v. State, 898 So.2d 84 (Fla. 5th DCA 2004). Section 943.0435(2)(a), Florida Statutes (2005), requires persons designated as sexual offenders to report in person at an FDLE office or local sheriff's office within 48 hours after establishing permanent or temporary residence in this state. Failure to report is a third degree felony. § 943.0435(9)(a), Fla....

...Pursuant to the requirement in section 775.15(3) that a legislative purpose to prohibit a continuing course of conduct "plainly appear" in order to construe this crime as continuing in nature, the trial court found that the legislative purposes and comprehensive provisions of section 943.0435 "compel the conclusion" that the Legislature intended to treat this crime as continuing in nature. In support of this finding, the court noted that section 943.0435, Florida Statutes (2005), requires sexual offenders to report after establishing or changing a name, a residence, employment or enrollment at an institution of higher learning. See §§ 943.0435(2)(a), (2)(b), (4)(b), and (7), Fla. Stat. (2005). The court also noted the express statutory requirement that sexual offenders must maintain registration with the department for life. § 943.0435(11)....

...Finally, the court noted the Legislature's express finding that sexual offenders pose a high risk of engaging in sexual offenses after being released from custody and that protecting the public from sexual offenders is a "paramount government interest." § 943.0435(12)....

...er as a sex offender is a continuing offense for several reasons that also apply in this case. First, the express statutory language creates a continuing duty to register, which evinces an intent to treat failure to register as a continuing offense. § 943.0435(11); Lopez, 2005 WL 3211641, at *3, ___ P.3d at ___; Hawkins, 39 P.3d at 1128; Helmer, 53 P.3d at 1155; Goldberg, 819 So.2d at 125; Wright, 63 Cal.Rptr.2d 322, 936 P.2d at 104. Second, the Legislature has expressly recognized that sex offenders present an ongoing danger to society. § 943.0435(12); Lopez, 2005 WL 3211641, at *3, ___ P.3d at ___; Hawkins, 39 P.3d at 1130; Helmer, 53 P.3d at 1155; Goldberg, 819 So.2d at 125-26; Wright, 63 Cal.Rptr.2d 322, 936 P.2d at 104....

...age or other legal process." (Emphasis added.) Mr. Cutwright argues that because he was homeless he could not comply with the registration requirements of the Act by reporting a temporary or permanent residence. As support for his position, he cites section 943.0435(4)(b), Florida Statutes, the sexual offender registration statute, which provides that "[t]he sexual offender must provide an address for the residence or other location that he or she is or will be occupying during the time in which he or she fails to establish or maintain a permanent or temporary residence." In Robinson v. State, 6 So.3d 677, 678-79 (Fla. 1st DCA 2009), this court found that the language of 943.0435(4)(b) provides for the registration of a transient residence for homeless sexual offenders....

...On 21 December 1995, Giddens pleaded guilty in Tennessee to one count of attempted aggravated sexual battery. He was given a suspended six-year sentence, and was placed on probation for six years. In March 2000, Giddens registered as a sexual offender in Florida. He obtained a Florida identification card as required by section 943.0435(3)(a), Florida Statutes, but failed to check the box on his application that would have indicated that he was a sexual offender. However, in December 2000, Giddens completed an application for a duplicate Florida identification card and indicated that he was a sexual offender. Subsequently, Giddens was arrested for failure to report his address change as required by section 943.0435(4), Florida Statutes....

...egistration statutes and thus compel the court to presume a scienter or mens rea requirement even though the statutory text fails to contain an explicit requirement of such guilty knowledge? We agree with the reasoning in Giorgetti and conclude that section 943.0435(4) includes a knowledge element....

...1160, 155 L.Ed.2d 98 (2003) (holding that due process clause does not entitle sexual offenders to a hearing to determine if they are currently dangerous). We certify the question certified in Giorgetti to the Florida Supreme Court. REVERSED and REMANDED FOR FURTHER PROCEEDINGS. PLEUS and TORPY, JJ., concur. NOTES [1] Section 943.0435(4), Florida Statutes, requires: Each time a sexual offender's driver's license or identification card is subject to renewal, and within 48 hours after any change in the offender's permanent or temporary residence or change in the offender's name by reason of marriage or other legal process, the offender shall report in person to a driver's license office, and shall be subject to the requirements specified in subsection (3).... [2] Section 943.0435(9), Florida Statutes, states: A sexual offender who does not comply with the requirements of this section commits a felony of the third degree....

...withheld,” for purpose of registering as a felon); § 775.084, Fla. Stat. (regarding sentence enhancement for habitual felony offenders, which expressly treats probation or community control without an adjudication of guilt as a prior conviction); and § 943.0435(1)(b), Fla....

...We agree with the State and reverse and remand for resentencing. I. FACTS Johnson was adjudicated guilty by the trial court after the jury found him guilty of failing to properly register as a sex offender as required under Florida law. In 2006, subsection 943.0435(14), Florida Statutes, required sex offenders to "report in person each year during the month of the sexual offender's birthday and during the sixth month following the sexual offender's birth month to the sheriff's office in the cou...

...s added). However, in 2007, the Legislature amended the law to require sex offenders who had been convicted of certain, specified offenses to "reregister each year during the month of the sexual offender's birthday and every third month thereafter." § 943.0435(14)(b), Fla....

...Wilson, Assistant Attorney General, Daytona Beach, for Appellee. GRIFFIN, J. David West ["West"], appeals the summary denial of his Rule 3.850 motion for post-conviction relief. On December 11, 2003, West entered a nolo contendere plea to the charge of failure of a sex offender to *258 properly register. § 943.0435, Fla....

...years old. The trial court withheld adjudication and sentenced Marcel to three-years probation. As a consequence of plea, Marcel automatically was designated a sexual offender, subject to lifetime registration and reporting requirements contained in section 943.0435, Florida Statutes (2001). . Seven years after the offense, the Florida Legislature added section 943.04354 to the Florida Statutes, providing an exception to the stigma of sex offender registration for consensual conduct by young people who satisfy certain specific conditions — -so-called “Romeo and Juliet offenders.” See § 943.04354, Fla....

...One of the criteria for relief is that the defendant be “not more than [four] years older than the victim of th[e] violation who was [fourteen] years of age or older but not more than [seventeen] years of age at the time the person committed th[e] violation.” § 943.04354(l)(c), Fla....

...The State seeks reversal on the ground the trial court erred in its finding that this criteria was satisfied. For the reasons stated below, we agree with the State. The disagreement in this case revolves around the application of the phrase “not more than” in section 943.04354(l)(c) of the Florida Statutes....

...age for legislative intent or resort to rules of statutory construction to ascertain intent” (quoting Daniels v. Fla. Dep’t of Health, 898 So.2d 61, 64-65 (Fla.2005))). If a defendant is one day past the four-year eligibility limit prescribed by section 943.04354 of the Florida Statutes, he is ineligible to petition for relief....

...Marcel and the victim in our case were four years, three months, and eight days apart in age on the date of the offense. This clearly is “greater” or “of a larger amount” than four years. Marcel does not meet the temporal eligibility condition necessary to pretermit his registration obligations under section 943.0435 of the Florida Statutes....

...Palmer, Assistant Attorney General, West Palm Beach, for appellee. PER CURIAM. We affirm the summary denial of appellant's Florida Rule of Criminal Procedure 3.850 motion. Appellant, who had registered in Florida as a sexual offender, entered a guilty plea to violating the requirements of section 943.0435(4), Florida Statutes, by failing to report to a driver's license office within forty-eight hours of changing his address....

...He was released from incarceration for this offense on January 3, 1997. Appellant moved to Florida where he registered as a sexual offender. No evidence was presented that appellant registered as a sex offender in Colorado before coming to Florida. Section 943.0435(1)(a) defines a "sexual offender" as a person convicted of committing specified sexual offenses in Florida or similar offenses in another jurisdiction....

...In addition, however, the statute requires that the offender also meet the criteria listed in subsections 2, 3, or 4. No evidence was presented that appellant was under any kind of supervision related to his Colorado conviction, so subsection 4 does not apply. § 943.0435(1)(a)4, Fla. Stat. (2002). Subsection 2 applies to offenders released from the sanction for a qualifying offense on or after October 1, 1997 and does not apply to appellant who was released in January 1997. § 943.0435(1)(a)2, Fla....

...al offender designation in another state or jurisdiction and was, as a result of such designation, subjected to registration or community or public notification, or both, or would be if the person were a resident of that state or jurisdiction; *1280 § 943.0435(1)(a)3, Fla....

...Rev. Stat. § 16-22-103(1)(c). Appellant could be posted on the internet as a convicted sex offender. Colo. Rev. Stat. § 16-22-111(1.5). Because appellant would be required to register as a sex offender if he were a resident of Colorado, we find that section 943.0435(1)(a)3, Florida Statutes, applies and appellant was required to register as a sexual offender in Florida. His plea to violating the reporting requirements of section 943.0435(4) was therefore proper, and counsel was not ineffective in allowing him to enter a plea to this offense....

...for failure to report in person at a driver's license office within forty-eight hours after a change in permanent or temporary residence and for failure to secure an identification card or driver's license while being a sex offender, in violation of section 943.0435(4), Florida Statutes....

..."A motion for judgment of acquittal is reviewed under a de novo standard of review." Jones v. State, 869 So.2d 1240, 1242 (Fla. 4th DCA 2004). We reverse Hines' conviction and remand for discharge due to the lack of a prima facie case. Hines was convicted of violating section 943.0435(4), which states that "within 48 hours after any change 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]ermanen...

...In his motion, Flynn sought the deletion of electronic monitoring as a condition of his probation. We reverse. The facts giving rise to Flynn’s motion are not in dispute. In 2009, Flynn entered a plea of no contest to one count of failure of a sex offender to report to the DMV as required by section 943.0435, Florida Statutes (2008)....

...a claim which was later dropped. At the revocation hearing, appellant's probation officer testified, without objection, that appellant committed a new violation of law by not reregistering as a sex offender with local law enforcement as required by section 943.0435, Florida Statutes....

...en proven today, not only by a preponderance of the evidence, by, beyond a reasonable doubt, that he violated the section of the Florida Statutes requiring him to register as required. It is a strict liability offense and he violated Florida Statute 943.0435 in that he failed to register in a timely basis....

...Here, the trial court appears to have believed *953 that it was required to find the violation of probation was willful simply by the fact that appellant failed to reregister. While there may not be a defense for failure to reregister, the trial court was still obliged to find pursuant to section 943.0435 appellant's violation of the condition of probation that he not commit a new violation of law was a willful violation....

...Accordingly, we reverse this sentence and remand for the entry of a corrected written sentence. See Montgomery v. State, 704 So.2d 548, 551 (Fla. 1st DCA 1997). Appellant also argues that the trial court erred in declaring appellant to be a sex offender and rejecting his argument that section 943.0435, Florida Statutes (1998), which requires the registration of *297 "sex offenders," is unconstitutional 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....

...3(5), Florida Statutes (1999), enhanced his original sentence and, thus, violated double jeopardy. This and other courts have addressed and rejected similar issues raised before. See, e.g., Simmons v. State, 753 So.2d 762 (Fla. 4th DCA 2000)(holding section 943.0435, Florida’s sexual offender statute, was regulatory in nature); Collie v....

...oper interpretation of the statute requiring certain juveniles to register as sexual offenders, it ultimately ordered K.J.F. to register. *1206 The dispositive issue on appeal is whether the trial court erred in concluding that sections 985.4815 and 943.0435, Florida Statutes (2008), require a juvenile to register as a sexual offender where the juvenile has committed a qualifying offense but adjudication of delinquency has been withheld....

...x offenders when adjudication of delinquency is withheld, we will consider whether this interpretation is consistent with the other relevant statutes. Although the State argues that it is not, we disagree. The Plain Language of Sections 985.4815 and 943.0435 Section 985.4815(4) requires “[a] sexual offender ......

...is defined in relevant part as “a person who is in the care or custody or under the jurisdiction or supervision of the department or is in the custody of a private correctional facility and who ... [h]as been adjudicated delinquent as provided in s. 943.0435(l)(a)l.d.” Thus, for the purposes of the reporting requirements, a juvenile is considered a “sexual offender” when the juvenile meets the following criteria: On or after July 1, 2007, [he or she] has been adjudicated delinquent for...

...nds sexual activity by the use of force or coercion; (III) Section 800.04(5)(c)l. where the court finds molestation involving unclothed genitals; or (IV) Section 800.04(5)(d) where the court finds the use of force or coercion and unclothed genitals. § 943.0435(l)(a)l.d. Section 985.4815 also defines the term “conviction” by reference to section 943.0435, which addresses reporting requirements for both adults and juveniles. § 985.4815(1)(b). Although the term “conviction” is not used in section 985.4815 other than in the provision setting forth *1207 the definition, the term “convicted” is used. Section 943.0435(l)(b) provides that definition as follows: “Convicted” means that 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,...

...As a result, the court concluded that a “plain reading” of the statute indicated that “an adjudication of delinquency does not trigger the sexual predator status provisions of the Predator Act.” Id. Here, as in J.M., the key language is simply not included in the relevant provisions. Neither section 985.4815 nor section 943.0435 refers specifically to a withhold of adjudication of delinquency....

...The specific definition of “sexual offender” applicable to juveniles under both provisions contains no mention of a withhold of adjudication in any context. It states only that a sexual offender is a person who has been “adjudicated delinquent” for certain enumerated acts. See § 943.0435(l)(a)l.d....

...ere 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, and includes an adjudication of delinquency of a juvenile as specified in this section. § 943.0435(l)(b)....

...of the entire definition. Instead, the Legislature separated the language concerning “adjudication of delinquency” from the remainder of the definition. Because neither the definition of “convicted” nor the remainder of sections 985.4815 and 943.0435 state that an offense for which an adjudication of delinquency has been withheld may qualify a juvenile as a sexual offender, we hold that registration is not required under such circumstances. In Pari Materia Because the State has suggested that this plain-language interpretation is inconsistent with other relevant statutes, we have also considered section 985.4815 in pari materia with the remainder of chapter 985 and section 943.0435....

...g the evil to be corrected, the language, title, and history of its enactment, and the state of law already in existence.” Id. (citations omitted). The State’s position is that the language “regardless of whether adjudication is withheld” in section 943.0435(l)(b) indicates that a withhold of adjudication, whether in juvenile or adult court, must always be a conviction under the sexual offender registration statutes. This interpretation is not required by the language. Additionally, a comparison of the 2006 version of section 943.0435(l)(b) with the current language, which was added in 2007, further illustrates our point that the language concerning withheld adjudications does not apply to adjudications of delinquency. In 2006, section 943.0435(l)(b) provided that “[cjonvicted” meant that “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.” The statute also did not include juveniles in the definition of sexual offenders. See § 943.0435, Fla....

...Clearly, when the phrase “regardless of whether adjudication is withheld” was originally inserted, it applied only to determinations of guilt in adult proceedings. In 2007, the Legislature expanded the definitions of both “sexual offender” and “convicted” in section 943.0435 so that certain juvenile offenders would be required to register as sexual offenders....

...uch information, and to the public by a law enforcement agency or public agency will further the governmental interests of public safety. Section 985.481 goes on to set forth notification requirements for sexual offenders, as that term is defined in section 943.0435(l)(a)l.d., thus indicating that the offenders who meet this definition are the types of offenders who “pose a high risk of engaging in sexual offenses even after being released from commitment” such that measures must be taken to protect the public from them....

...847.0133; (b) A juvenile found to have committed any felony violation of law or delinquent act involving juvenile sexual abuse. “Juvenile sexual abuse” means any sexual behavior that occurs without consent, without equality, or as a result of coercion. ... § 985.475(1). Unlike section 943.0435(l)(a)l.d., this provision does not require an adjudication of delinquency for a juvenile to be considered a “juvenile sexual offender,” as opposed to a “sexual offender.” The only requirement is for the juvenile to be “found to have committed” certain acts....

...Such a finding occurs regardless of whether adjudication is imposed or withheld. See § 985.35(4)-(5) (indicating that a court may either withhold adjudication or impose ad *1211 judication after finding that the child has committed a delinquent act). Based on our review of section 943.0435 and chapter 985, we conclude that our plain-language interpretation of the definitions of “sexual offender” and “convicted” as those terms are used in section 943.0435 is supported by a reading of those definitions in pari matería with all relevant statutes....

...He argues that the trial court erred by denying his motion to dismiss the charge. Specifically, he contends that because adjudication was withheld on his prior offenses after he entered a plea of nolo contendere, he was not convicted and, therefore, is not a sexual offender who is required to register under section 943.0435, Florida Statutes....

...And once you were arrested—after being arrested you immediately went in and registered as— *856 A. The very next day. The trial court entered an order denying Price's motion to dismiss the charge. In the order, the trial court succinctly explained: The court denies defendant's motion. See, Fla. Stat. s. 943.0435 (1997) (sex offender reporting statute); Montgomery v....

...5th DCA 20[0]8) (no contest plea constituted a prior "conviction" of the charge lewd and lascivious molestation within the meaning of Fla. Stat. s. 794.0115, the Dangerous Sexual Felony Offender Act); and Freeland v. State, 832 So.2d 923 (Fla. 1st DCA 2002) (registration and reporting requirements of Fla. Stat. s. 943.0435 are regulatory and procedural in nature and do not violate the ex post facto clause.) Price then entered a plea of nolo contendere to the charge of failure of a sex offender to properly register, reserving the right to appeal the trial court's denial of his motion to dismiss the charge....

...The trial court adjudicated Price guilty and sentenced him to six months in the Volusia County jail. Price argues on appeal that because adjudication was withheld on his prior offenses after he entered a plea of nolo contendere, he was not convicted and, therefore, is not a sexual offender who is required to register under section 943.0435, Florida Statutes. Section 943.0435, Florida Statutes, entitled "Sex offenders required to report to the department; penalty," was enacted in 1997 and provided in pertinent part: (1) As used in this section, the term: (a) "Sex offender" means a person who has been: 1....

...rrectional facility, or local detention facility. (b) " Convicted" means the person has been determined guilty as a result of a plea or a trial, regardless of whether adjudication is withheld. (Emphasis added). In 1999, when Price's probation ended, section 943.0435(1)(b) had been amended to read: (b) "Convicted" means that, regarding the person's offense, 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. Thereafter, in 2008 [1] , when Price was charged with failure of a sex offender to *857 properly register, section 943.0435(1)(b) provided: (b) "Convicted" means that 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, and includes an adjudication of delinquency of a juvenile as specified in this section.... Under the 1999 and 2008 language of section 943.0435, "convicted" for purposes of sex offender registry included entry of a plea of nolo contendere, regardless of whether adjudication was withheld. Based upon the record, Price indisputably met the criteria under the 1999 and 2008 versions of section 943.0435 to be a sex offender who was required to register. Price relies on the fact that the language of the 1997 version of section 943.0435 does not mention a plea of nolo contendere where adjudication was withheld under the definition of "convicted." Rather, it provides: "`Convicted' means the person has been determined guilty as a result of a plea or a trial, regardless of whether adjudication is withheld." The fact that Price met the criteria under the 1999 and 2008 versions of section 943.0435, rather than the 1997 version, is controlling because the sex offender registry requirements commenced when Price's probation ended in 1999, and the State alleged in the information that Price failed to properly register in 2008. Even if the 1997 statutes were applicable, however, "convicted" for purposes of sex offender registry under the 1997 version of section 943.0435 also included the entry of a plea of nolo contendere where adjudication was withheld....

..." Importantly, "[s]ection 921.0021 define[d] a conviction as `a determination of guilt that is the result of a plea or a trial, regardless of whether adjudication is withheld.'" Id. at 1284. Since the definition of "convicted" in the 1997 version of section 943.0435 is essentially the same as the section 921.0021 definition of conviction, Montgomery supports the conclusion that "convicted" under the 1997 version of section 943.0435 included the entry of a plea of nolo contendere where adjudication was withheld....

...TORPY and ORFINGER, JJ., concur. NOTES [1] During a portion of the time between when Price's probation ended and he was charged with failure of a sex offender to properly register, namely from July 1, 2000 to June 30, 2007, the definition of "convicted" in section 943.0435 provided: "`Convicted' means that 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." § 943.0435, Fla....

...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. 943.0435.” § 68.07(3)(i), Fla....

...ther 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....

...-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....

...u 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) - 11 - If both parents agree to th...

..._____ 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....

...n 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....

...n 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 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....

...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)....

...n 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....

...n 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 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....

...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. 943.0435.” § 68.07(3)(i), Fla....

...ther 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....

...-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....

...u 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) - 12 - If both parents agree to th...

..._____ 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....

...n 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....

...n 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 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....

...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)....

...n 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....

...n 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 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....

have the meaning ascribed to: such term in Section 943.0435, Florida Statutes. (11) “Sexual offense”

...We affirm the postconviction court's conclusion that trial counsel was not ineffective in his advice to Munroe. Munroe was required to register as a sexual offender by virtue of his conviction for the qualifying offense of false imprisonment where the victim was a minor and not his child. See § 943.0435(1)(a)(1), Fla....

...o the Department of Motor Vehicles (DMV) within forty-eight hours of a change in address. He contends, among other things, that the trial court erred in denying his motion for judgment of acquittal. We agree and reverse the defendant’s conviction. Section 943.0435(4)(a), Florida Statutes (2010), requires a “sexual offender” to report to DMV within forty-eight hours of any change in residence. The statute defines the term “sexual offender” and sets forth four ways in which an individual may qualify as a “sexual offender.” See § 943.0435(l)(a)l.a.-d., Fla....

...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 offenders,” rather “they attain that status merely by virtue of their convictions.” Id....

...We agree and therefore reverse and remand for entry of a judgment of acquittal. To establish its prima facie case, the State was required to demonstrate that Clay qualified as a sexual offender, which included establishing that Clay was released from incarceration on or after October 1, 1997. See § 943.0435(1)(h)1.a.(I)–(II), Fla....

...had prior conviction, none of which apply here. Therefore, we vacate the sexual predator designation and remand without prejudice to the trial court’s considering, at the state’s request, whether Stokes qualifies as *695 a sexual offender under section 943.0435, Florida Statutes....

...(Offenses committed before January 1, 1994.) Sexual Offender/Sexual Predator Determinations: Sexual Predator The defendant is adjudicated a sexual predator as set forth in section 775.21, Florida Statutes. Sexual Offender The defendant meets the criteria for a sexual offender as set forth in section 943.0435(1)(a)1a., b., c., or d, Florida Statutes. Age of Victim The victim was years of age at the time of the offense. Age of Defendant The defendant was years of age at the time of the offense. Relati...

...Pamela Jo Bondi, Attorney General, Tallahassee, and Georgina Jimenez-Orosa, Assistant Attorney General, West Palm Beach, for appellee. FORST, J. Appellant Frank Boltri (“Appellant”) appeals his conviction for failure to properly register as a sex offender in violation of section 943.0435(14)(a), (14)(c)4, and (9)(a), Florida Statutes (2009)....

...The State presented testimony from PSBO officers that offenders do not need an updated ID in order to reregister. An offender’s information could be verified through the registry’s online database and his or her identity confirmed with a photograph on file. Section 943.0435(14)(a) reads “[a] sexual offender must report in person each year during the month of the sexual offender’s birthday and during the sixth month following the sexual offender’s birth month to the sheriff’s office in the county...

...conviction must be reversed because he complied with the terms of the statute by “reporting in person” to the PBSO stockade. Such a reading of the statute would require ignoring that the purpose of reporting in person is “to reregister.” Section 943.0435(14)(c), while not listed on the Appellant’s charging documents, describes what reregistration entails....

...tion:” and provides a comprehensive list of personal identification and location information to be provided by the reregistering offender, including any changes to the offender’s permanent, temporary, or “transient” address. See § 943.0435(14)(c)1.-3., Fla....

...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)....

...§ 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)....

...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....

...er summarily denying his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm. Kelly pled guilty to one count of failing to comply with sexual offender registration requirements, a violation of section 943.0435, Florida Statutes (2016), in exchange for a sentence of thirty-six months in prison....

...In his sole ground for postconviction relief, Kelly alleges that his conviction should be vacated because he does not qualify as a sexual offender. Specifically, he argues that he should have been released for his qualifying offense prior to October 1, 1997, the effective date of the relevant statute. See 943.0435(1)(h)1., Fla....

requirements under federal law. See Fla. Stat. § 943.0435; 18 U.S.C. § 2250. As a resident of Florida

...l to report in  person within 48 hours of establishing a permanent, temporary, or transient residence within Broward County, Florida and provide the required information to the Broward County Sheriff’s Office contrary to FS 943.0435(2) and 943.0435(9)(a). Count II of the information provided: [Appellant] on or between the 3rd day of February, 2015, and the 10th day of April, 2015, in the County and State aforesaid, being a sexual offender, did fail to report in person to a driver’s license office and provide the required information within 48 hours after a change in his permanent, temporary, or transient residence, contrary to FS 943.0435(4) and 943.0435(9). The parties stipulated that appellant was previously convicted as a sexual offender, which triggered the reporting requirements of section 943.0435, Florida Statutes....

...hat he had established any residence in Broward County. We review the denial of a motion for judgment of acquittal de novo. Pagan v. State, 830 So. 2d 792, 803 (Fla. 2002). In Count I of the information, appellant was charged with a violation of section 943.0435(2), Florida Statutes (2014)....

...Being released from the custody, control, or supervision of the Department of Corrections or from the custody of a private correctional facility[.] The information, however, alleged facts which, if proved, would establish a violation of section 943.0435(2)(a)1.a....

...The court ultimately directed the State not to refer to either in its closing argument. As there was no evidence to show that appellant was a resident of Broward County in any capacity, the court should have granted the motion for judgment of acquittal on Count I. Count II alleged a violation of section 943.0435(4), Florida Statutes (2014) which provides: (a) Each time a sexual offender's driver license or identification card is subject to renewal, and, without regard to the status of the offender's driver license or ident...

...The statute requires proof that the offender changed a residence without then reporting it to the driver’s license bureau. The State never proved that appellant changed his residence. It attempted, and failed, to prove that he established a residence in Broward County pursuant to section 943.0435(2)1.a., Florida Statutes....

...The jury instructions required proof of the following elements: first, that the offender had established a residence; second, that he had changed his residence; and third, that he had not reported to the driver’s license agency within forty-eight hours of the change. Under section 943.0435(4)(a) a change in residence may be established by proof that the defendant abandoned a prior residence or established a new residence....

...Thus, the court also erred in denying the motion for judgment of acquittal as to Count II. For the foregoing reasons, we vacate the conviction and direct that the court enter a judgment of acquittal as to the charges. Because he continues to be a sexual offender, however, compliance with section 943.0435 must continue. GROSS and GERBER, JJ., concur. * * * Not final until disposition of timely filed motion for rehearing. 6 

...ed them under newly enacted section 1012.467. This provision required criminal background screenings for non-instructional contractors; disqualified those found to have been "convicted" of certain charges, including child abuse; and, by reference to section 943.0435 of the Florida Statutes, defined the term "convicted" for the purposes of this provision as including a nolo contendere plea regardless of whether adjudication was withheld....

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).

... Keith Wromas appeals the denial of his motion to correct illegal sentence under Florida Rule of Criminal Procedure 3.800, which in essence was a petition for removal of the requirement to register as a sexual offender under the “Romeo and Juliet Law,” section 943.04354 of the Florida Statutes (2016)....

...The charged offense was eighteen-year-old Wromas’ consensual sexual relations with his fifteen-year-old girlfriend, as a result of which the couple conceived a child. Wromas’ conviction lead to one year of probation,1 and automatic designation as a sexual offender for life under section 943.0435, Florida Statutes (1999). On July 27, 2009, Wromas wrote a letter to the trial judge, requesting to be removed from the sexual offender list under the “Romeo and Juliet Law.” Under this law, a sexual offender may petiti...

...offender designation. Although the statute provides for only one petition, the summary denial of Wromas’ 2009 request for removal of designation also does not preclude 3 considering his most recent request. § 943.04354(2)(b) (“If the court denies the motion, the person is not authorized under this section to file another motion for removal of the registration requirement.”)....

...In order to convict for failure of a sexual offender to register with the DMV, the State must prove the defendant is a sexual offender. See Fla. Std. Jury Instr. (Crim.) 11.14(c) and (h). In this case, the State pursued a theory that Gosling was a sexual offender using two statutory sub-subpara-graphs of section 943.0435(l)(a), Florida Statutes (2015), which defines “sexual offender” as follows: (1) As used in this section, the term: (a) 1....

...subjected to registration or community or public notification, or both, or would be if the person were a resident of that state or jurisdiction, without regard to whether the person otherwise meets the criteria for registration as a sexual offender. § 943.0435(l)(a), Fla....

...control. See id. at 289 (finding that “[tjhere was no evidence that the defendant continued to be on probation, community control, or parole on or after October 1, 1997,” and therefore the evidence was insufficient to support a conviction under section 943.0435(l)(a)l.a.)....

...conviction. Although Landrum discusses the charge of possession of a weapon by a convicted *864 felon, there is no reason that the proof for a conviction in this case should be any different. Both crimes require proof of an underlying crime, compare section 943.0435(l)(a)l.a., Florida Statutes (2016) with section 790.23(1), Florida Statutes (2016), and therefore, the same criteria should be required to satisfy the element....

...We also find additional support for pur holding in a recent case from our court. In Jershun v. State, 169 So.3d 232 (Fla. 4th DCA 2015), the defendant was convicted of failure to register as a sex offender with the DMV. Id. at 234 . In order to prove that the defendant was a “sexual offender” under section 943.0435(l)(a)l.a, the State, over the defendant’s objection, admitted records from the Florida Department of Law Enforcement (FDLE), which the officer testifying during the admission of the documents could not authenticate....

...tment of Justice. That order contained summarized findings made by the U.S. Army. But no one from the Army, the FDLE, or the Department of Justice authenticated the document. The State simply failed to prove the defendant was a sexual offender under section 943.0435(l)(a)l.a....

...Stat. This instruction was adopted in 2014. 11.14 FAILURE TO REGISTER AS BY A SEXUAL OFFENDER TO COMPLY WITH REGISTRATION REQUIREMENTS (Initially Register, Report, or Provide Registration Items) § 943.0435(2)(a)-(b), Fla....

...SEXUAL OFFENDER TO COMPLY WITH REGISTRATION REQUIREMENTS (Failure to Comply with Registration of a Residence, Motor Vehicle, Trailer, Mobile Home, Manufactured Home, Vessel, or Houseboat) § 943.0435(2)(b)1, Fla....

...3d 1090] and 2014. 11.14(b) FAILURE TO REGISTER AS A SEXUAL OFFENDER BY A SEXUAL OFFENDER TO COMPLY WITH REGISTRATION REQUIREMENTS (Failure to Comply with Registration of Employment or Enrollment at an Institution of Higher Learning) § 943.0435(2)(b)2, Fla....

...3d 1090] and 2014. - 20 -  11.14(c) FAILURE TO REGISTER AS BY A SEXUAL OFFENDER TO COMPLY WITH REGISTRATION REQUIREMENTS. (Failure to Report to Department of Highway Safety and Motor Vehicles) § 943.0435(3), Fla....

...3d 1090] and 2014. - 23 -  11.14(d) FAILURE TO REGISTER AS BY A SEXUAL OFFENDER TO COMPLY WITH REGISTRATION REQUIREMENTS (Failure to Report Change of Name or Address within the State or Jurisdiction) § 943.0435(4), Fla....

...ended in 2012 [85 So. 3d 1090] and 2014. 11.14(e) FAILURE TO REGISTER AS BY A SEXUAL OFFENDER TO COMPLY WITH REGISTRATION REQUIREMENTS (Failure to Report Change of Residence to Another State or Jurisdiction) § 943.0435(7), Fla....

...d in 2012 [85 So. 3d 1090] and 2014. 11.14(f) FAILURE TO REGISTER AS BY A SEXUAL OFFENDER TO COMPLY WITH REGISTRATION REQUIREMENTS (Failure to Report Intent to Remain within the State or Jurisdiction) § 943.0435(8), Fla....

...3d 1090] and 2014. - 31 -  11.14(g) FAILURE TO REGISTER AS BY A SEXUAL OFFENDER TO COMPLY WITH REGISTRATION REQUIREMENTS (Failure to Report Twice a Year/Failure to Report Quarterly) § 943.0435(14)(a) or (b), Fla. Stat. Give this statement if the charge is failure to report twice a year during the sexual offender’s birthday month and six months later pursuant to § 943.0435(14)(a), or, for certain specified violators, failure to report during the sexual offender’s birthday month and every third month thereafter pursuant to § 943.0435(14)(b). To prove the crime of Failure to Report [Twice a Year][Quarterly] as by a Sexual Offender to Comply with Registration Requirements, the State must prove the following three elements beyond a reasonable doubt: Give 1a or 1b as applicable. 1....

...Because the trial court erred when it denied the motion without affording Appellant the opportunity to amend, we reverse and remand. Appellant was convicted and sentenced for failing to obtain a Florida Driver's License or Identification Card within forty-eight hours of registering with the Sheriff's Office in violation of section 943.0435, Florida Statutes (2016)....

...738 (1967), from the Circuit Court for Miami-Dade County, Diana Vizcaino, Judge. Kenyatta A. Heath, in proper person. Ashley Moody, Attorney General, and Richard L. Polin, Chief Assistant Attorney General, for appellee. Before EMAS, HENDON and BOKOR, JJ. PER CURIAM.  Affirmed. See § 943.0435(12), Fla....

...rsuant to Florida Rule of Criminal Procedure 3.850. In his motion, Bish raised three grounds for relief that challenged his conviction for failing to register as a sexual offender. Because Bish was not required to register as a sexual offender under section 943.0435, Florida Statutes (2009), we reverse the postconviction court’s order and remand for the court to vacate Bish’s judgment and sentence....

...prison. In his postconviction motion, Bish alleged that he was not required to register *452 as a sexual offender because he was a juvenile at the time of the crime and, thus, could not be convicted of failing to register as a sexual offender under section 943.0435(1)(a)(1)(d)....

...1st DCA 2011), and informed Bish that he was no longer required to register as a sexual offender and that his name had been removed from the registry. The postconviction court held a hearing on Bish’s motion and denied it on January 23, 2013. We agree with the First District that only subparagraph d of section 943.0435(1)(a)(1) applies to juvenile offenders....

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....

...sex offender probation for the solicitation charge, and eight years of sex offender probation for the traveling after solicitation charge, with the sentences running concurrently.1 Senger was also designated as a sex offender pursuant to section 943.0435, Florida Statutes (2011). Senger raises the following six issues on appeal: (1) the court erred in denying his separate motions to dismiss based on entrapment; (2) the court erred in not withholding an adjudication of guilt...

...ure sentence, the court was required to withhold an adjudication of guilt, we disagree. Second, we conclude that the trial court correctly designated Senger as a sex offender. The designation of a defendant as a sex offender is governed by section 943.0435, Florida Statutes (2011)....

...A trial court’s decision to designate a defendant as a sexual offender is an issue of statutory interpretation and is reviewed de novo. See K.J.F. 9 v. State, 44 So. 3d 1204, 1206 (Fla. 1st DCA 2010) (citing E.A.R. v. State, 4 So. 3d 614, 629 (Fla. 2009)). Section 943.0435(1)(a)1....

...794.011, excluding s. 794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135, excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145; or s. 985.701(1) . . . . § 943.0435(1)(a)1.a.(I), Fla. Stat. (2011) (emphasis added). Senger was adjudicated guilty of violating section 847.0135(4)(b). The plain language of section 943.0435 requires that the court designate a defendant as a sexual offender if convicted of committing a criminal offense under section 847.0135, unless it is a conviction for violating section 847.0135(6), which, in this case, it is not....

...rrect the reference to the statutory basis for collection of a DNA sample at disposition. 5 *289 New form 8.952 (Findings for Juvenile Sexual Offender Registration) is adopted and provides the court with the necessary factual findings required under section 943.0435(l)(a)l.d., Florida Statutes (2012), in determining whether a juvenile is required to register as a sexual offender....

believe it is necessary to reiterate that section 943.0435, Florida Statutes, is procedural in nature

...Here, section 775.21(5)(c) did not grant authority to the trial court to belatedly designate McKenzie as a sexual predator. REVERSED and REMANDED; CONFLICT CERTIFIED. ORFINGER and EDWARDS, JJ., concur. Individuals designated as sex offenders are required to comply with the registration requirements set forth in section 943.0435, Florida Statutes.

...ment Program (MDSO) as ordered. Thereafter the affidavit was amended to add: (1) failing to submit to an October 2002 polygraph examination and (2) failing to report in person to the sheriff's office in the county in which he resided in violation of section 943.0435.

registration and reporting requirements set forth in section 943.0435, Florida Statutes (2021), violate his substantive

...Breslow, Assistant Attorneys General, Tampa, for Appellant. Ron M. Kleiner of Law Offices of Ron M. Kleiner, Esq., Miami, for Appellee. KHOUZAM, Judge. The State seeks review of the order granting Mark Allan Korson's petition for removal of the requirement to register as a sexual offender pursuant to section 943.0435(11), Florida Statutes (1999)....

...After serving time in prison, he successfully completed probation in 1999. At that time, Florida law provided that sexual offenders could petition to be relieved of their registration obligations after complying for twenty years without any new arrests. See § 943.0435(11), Fla....

...(1999) ("the removal provision"). In July 2023, Korson filed his petition for removal of his registration requirement on the basis that he had complied for twenty years without any new arrests. The State opposed Korson's petition, arguing that because section 943.0435 is procedural, the current version of the removal provision should apply. The statute has been amended to extend the necessary period of compliance to twenty-five years and to exclude offenders with certain adult convictions. § 943.0435(11), Fla. Stat. (2024). As Korson has an adult conviction under section 794.011(5), he would be excluded from the removal provision under the current version. See § 943.0435(11)(a)(1)(b), Fla. Stat. (2024). However, Korson argued—and the trial court agreed—that section 943.0435(11) is substantive instead of procedural and, therefore, cannot apply retroactively....

...ant case, we note that these cases may be impacted as well. 4  Clarification for Future Cases Although LaFave mandates dismissal, we wish to provide clarity for trial courts regarding which version of section 943.0435 should be applied in future cases like this one....

...quency, and applying the incorrect statute (as the trial court did here) is error, with the consequence of sex offenders being released from their reporting requirements earlier than they legally should be. This court has previously held that "section 943.0435 is procedural in nature" and may properly be applied retroactively....

...See Givens v. State, 851 So. 2d 813, 814-15 (Fla. 2d DCA 2003), review denied, 917 So. 2d 193 (Fla. 2005); cf. Hurtado v. State, 332 So. 3d 15, 17 (Fla. 2d DCA 2021) ("Finally, we are not troubled by the application of the current version of the ["Romeo and Juliet"] statute [section 943.04354] to Hurtado....

...This court has upheld the application of the sexual offender registration requirement to defendants who were convicted prior to its enactment." (citing Givens, 851 So. 2d 814-15)). Based on this clear and binding case law, the trial court should have applied the current version of section 943.0435....

...The officer did not have a warrant to search electronic devices, nor did she have reasonable suspicion to believe Appellee had violated his probation or otherwise committed any crime. A search of the cell phones' data revealed two online identifiers that Appellee had allegedly failed to report in violation of section 943.0435(4)(e), Florida Statutes (2017)....

...The officer did not have a warrant to search electronic devices, nor did she have reasonable suspicion to believe Appellee had violated his probation or otherwise committed any crime. A search of the cell phones' data revealed two online identifiers that Appellee had allegedly failed to report in violation of section 943.0435(4)(e), Florida Statutes (2017)....

...1st DCA 2009), the First District reversed the trial court’s downward departure in a similar case. There, the trial court granted a downward departure under (2)(j) but failed to find’ that the incident was isolated. The First District determined: [T]he record does not support such a finding. Section 943.0435(14)(a), which requires that “[a] sexual offender must report in person each year during the month of the sexual offender’s birthday and during the sixth month following the sexual offender’s birth month,” became effective on September 1, 2005....

...any of the criminal offenses proscribed in the following statutes in this state . . . when the juvenile was 14 years of age or older at the time of the offense:  ... (III) Section 800.04(5)(c) 1. where the court finds molestation involving unclothed genitals[.] § 943.0435(1)(a)1.d.(III), Fla....

...of “the age of the offender at the time of the offense”; “the age of the victim at the time of the offense”; whether the offense “did or did not involve unclothed genitals or genital area”; and whether the offense “did or did not involve the use of force or coercion.” § 943.0435(1)(a)2., Fla. Stat. (2014). The statute states that the “the court shall make a written finding” about the listed items. § 943.0435(1)(a)2., Fla....

...a 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. Stat. (2014). 2  Section 943.0435(1)(a)2....

...had touched clothed, rather than unclothed, parts of the victims. At the disposition hearing, the trial Court determined, over objection, that M.B. would be required to register as a sexual offender. We reverse this part of the trial court’s disposition order. Section 943.0435(l)(a)l.d., Florida Statutes (2012), sets forth the offenses and conditions under which a juvenile adjudicated delinquent is subject to sexual offender registration requirements: d....

...a crime “he could not have committed” because he was a juvenile when convicted. Relying on State v. Williams, 75 So.3d 481 (Fla. 1st DCA 2011), he contends that there was no reporting requirement under Florida law for a juvenile with his status. § 943.0435(l)(a), Fla....

...We affirm without comment Moulton’s judgments and sentences, but we remand for the trial court to correct a form titled, “Findings on Specified Sex Offenses.” This form provides trial courts with a checklist to make specific findings which courts are required to do in accordance with section 943.0435(l)(a), Florida Statutes (2007), which provides for the registration of sexual offenders with the Department of Law Enforcement....

qualify for sexual offender designation under section 943,0435(l)(a)l., Florida Statutes (2012). Because

...nd that Giorgetti is distinguishable from the situation presented here. Appellant was convicted after a non-jury trial of failing to report a change of address as a sexual offender within forty-eight hours of a residence change, contrary to sections 943.0435(4) and 944.607(9), Florida Statutes (2001). At the trial, the court was presented with Quinn v. State, 751 So.2d 627 (Fla. 4th DCA 1999). The judge noted that Quinn held that section 943.0435 was not facially unconstitutional because it failed to contain a scienter or guilty knowledge re *101 quirement....

...as a sexual offender with the local sheriff’s office in September 2014 and failure to notify the Department of Highway Safety and Motor Vehicles (DHSMV) of a change of address within forty-eight hours, between July 1, 2014, and January 21, 2015, in violation of section 943.0435, Florida Statutes (2013)....

...to offer evidence of Crosby’s arrest for failing to register in March 2014 and his 2006 conviction for failing to report his new address to the DHSMV within forty-eight hours. The State predicted it would offer this evidence during rebuttal. It emphasized that section 943.0435(9)(c), Florida Statutes (2013), provides that "[a] sexual offender who is charged with a subsequent failure to register may not assert the defense of a lack of notice of the duty to register." The trial court reserved ruling....

...scienter requirement). Nor is proof of specific intent always required as a matter of state law. See State v. Hubbard, 751 So.2d 552, 564-65 (Fla.1999) (DUI manslaughter statute); Quinn v. State, 751 So.2d 627, 628 (Fla. 4th DCA 1999) (holding that section 943.0435, punishing failure of sex offender to register, is not facially unconstitutional because it lacks mens rea requirement)....

qualify for sexual offender designation under section 943.0435(1)(a)1., Florida Statutes (2012). Because

...Upon his petition, a Washington court agreed to lift the requirement that Adams register as a sexual offender. Adams subsequently moved to Florida where he petitioned the Circuit Court of Broward County to remove the requirement that he register as a sexual offender in Florida pursuant to section 943.04354(1), Florida Statutes (2007), which provides: (1) For purposes of this section, a person shall be considered for removal of the requirement to register as a sexual offender or sexual predator only if the person: (a) Was or will be convicted or adjudicated delinquent of a violation of s....

...847.0135(5); (b) Is required to register as a sexual offender or sexual predator solely on the basis of this violation; and (c) Is not more than 4 years older than the victim of this violation who was 14 years of age or older but not more than 17 years of age at the time the person committed this violation. § 943.04354(1), Fla. Stat. (2007). The trial court denied Adams' petition based on its determination that section 943.04354 was limited to convictions under Florida statutes and did not reference convictions for analogous offenses in other states....

...his constitutional rights under the Full Faith and Credit Clause and the Equal Protection Clause of both the United States and Florida Constitutions. In his motion for leave to amend his petition, Adams explained that he was entitled to relief under section 943.0435(11)(b), which allows for an offender's registration requirement to be lifted in Florida once the offender submits to the Florida Department of Law Enforcement (FDLE) an order, from the court which originally designated the individual a sexual offender, stating that such designation has been removed. [1] § 943.0435(11)(b), Fla. Stat. (2007). *955 The trial court denied Adams' motions, noted that section 943.0435(11)(b) was more applicable, directed Adams to petition the FDLE and to provide them with the Washington order lifting the registration requirement....

...The court also noted that if the FDLE refused to lift Adams' registration requirement, Adams could file a petition for writ of mandamus in the appropriate circuit court. Instead of proceeding on the trial court's advice, Adams appealed to this court. We hold that litigating under section 943.04354(1) was premature. Adams must first exhaust his administrative remedies under section 943.0435(11)(b), which is the statute more tailored to Adams' situation, by petitioning the FDLE and perhaps even filing a petition for writ of mandamus with the circuit court....

...file a petition for writ of mandamus. Thus, we need not reach the constitutional/full faith and credit issues Adams has raised on appeal. Also, we note that neither the trial court's dismissal nor our decision is a determination on the merits under section 943.04354(1) and thus should not be construed to potentially bar Adams from bringing another claim under section 943.04354(1) if necessary in the future. Finally, on remand this case should be transferred to the criminal court as the statute at issue is within Title XLVII Criminal Corrections and Procedure. Affirmed in part, reversed in part, and remanded. GERBER and LEVINE, JJ., concur. NOTES [1] Section 943.0435(11)(b), Florida Statutes (2007), provides: (11) Except as provided in s. 943.04354, a sexual offender must maintain registration with the department for the duration of his or her life, unless the sexual offender has received a full pardon or has had a conviction set aside in a postconviction proceeding for any offense...

...y *380 but failed to report his presence to all of the appropriate authorities. Although Mr. Watson registered with the Hillsborough County Sheriffs Office, he did not report his new address to the Florida Department of Motor Vehicles as required by section 943.0435(3), Florida Statutes (2003). A sexual offender who fails to comply with the registration requirements of section 943.0435 commits a third-degree felony....

...offenders, who are perpetually itinerant within the county, to report in person to its main office by 10 a.m. each Monday morning to specify where they intend to spend the next seven nights is consistent with the applicable sexual offender statute, section 943.0435(4)(b), Florida Statutes (2010)....

...inerant, he has sporadically 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)....

...nge in location). Other patterns and permutations of permanent, temporary, transient and itinerant residencies are possible. With these many possibilities in mind, the policy that Goodman was charged with violating was adopted under the authority of section 943.0435(4)(b), which states: A sexual offender who vacates a permanent, temporary, or transient residence and fails to establish or maintain another permanent, temporary, or transient residence shall, within 48 hours after vacating the perma...

...uired under paragraph (2)(b). The sexual offender must provide an address for the residence or other place that he or she is or will be located during the time in which *36 he or she fails to establish or maintain a permanent or temporary residence. § 943.0435(4)(b), Fla....

...r (b) has reported timely to the sheriffs office, but failed to specify the date or provide the updated information the statute requires. The 2010 version of Standard Jury Instruction 4.11(d) captured many, but not all, of the possible violations of section 943.0435(4)(b)....

...updated to include transient residences). The standard instruction, however, does not cover the situation where an offender vacates a temporary or transient residence. Likewise, no standard instruction existed for violations of the last sentence of section 943.0435(4)(b), which is worded slightly differently from the preceding three sentences....

...ury instruction is the crux of this case. B. At the hearing on the motion to dismiss, the State argued that it was the legislature’s intent to have all sexual offenders register each and every time they changed residences, but it acknowledged that section 943.0435(4)(b) provided no guidance on the manner or means of doing so....

...ng been denied, Goodman’s counsel objected at the charge conference that Goodman would be held strictly liable under the State’s legal theory. Because none of the standard instructions captured the elements of a violation of the last sentence of section 943.0435(4)(b) as applied to Goodman, the *37 State prepared a special instruction, adopted by the trial court, which read as follows: To prove the crime of failure to Register as a Sexual Offender, the State must prove the following three elements beyond a reasonable doubt: 1....

...[Appellant] knowingly failed to report in person as required to notify the sheriff of Bay County where he would be located for the following week. Goodman objected to only the third part of the instruction, saying it was beyond the language of the last sentence of 943.0435(4)(b) and that none of the standard jury instructions existing in 2010 covered his situation....

...See In re Standard Jury Instructions in Criminal Cases-Report No. 2007-1, 983 So.2d 531, 531 (Fla. 2008) (adopting new instructions 11.14 and 11.14(a)-(g) “pertaining] to offenses involving the failure to register as a sexual offender, as defined in section 943.0435, Florida Statutes (2007)”.) Consistent with his view that the instruction imposed a strict liability offense, Goodman’s counsel delivered an opening statement consisting of little more than references to classic television shows,...

...Goodman claims on appeal that the Sheriffs Office did not have the authority to impose either the report-in-person-each-Monday-morning requirement or the log book requirements on transient sexual offenders. As to this point, it is true that the plain language of section 943.0435(4)(b) does not specifically authorize either requirement....

...ich a transient registered offender presents himself in person and provides locational information. We must therefore determine whether the policy is in accord with the statute. While Goodman claims the policy at issue is excessive, it is not. Under section 943.0435(4)(b), transients are required to report in person within 48 hours each time they change a transient location....

...s other than on a Monday (Offenders who declare “the transient status during the work week (after Monday) ... will provide a written list of locations through the following Monday prior to staying at them.”). Consistent with the last sentence of section 943.0435(4)(b), the policy thereafter compels this “transient” class of offenders to appear weekly at the sheriffs office to provide the offender’s prognostication of where he will be for the upcoming week....

...The limited record in this case, for example, shows that Goodman predominantly was residing at many different locations in the woods around Panama City, on church property, or on a “trolley,” typically in patterns that would subject him to the requirements of section 943.0435(4)(b)....

...“vacated/failed to establish” portion of the statute is not before us. Turning to the policy as applied to him, we find no error in the requirement that Goodman report in person weekly to provide the information required by the last sentence of section 943.0435(4)(b) during his “transient” status....

...main ‘transient’ or report after five days that their address has become ‘permanent’ or ‘temporary’ and has 48 hours to report that change, the seven-day requirement of the Bay County Sheriffs Office is consistent with the requirement in § 943.0435(4)(b).” We agree and hold that the report-in-person-each-Monday-morning requirement in the policy is consistent with the statute as applied to Goodman’s situation; likewise, the corresponding portion of the special instruction was not erroneous....

...ted whereabouts. Goodman is subject to the statutory obligation to provide the location at which he will be located because he stipulated that his status was “transient” in the second part of the jury instruction. Nothing in the last sentence of section 943.0435(4)(b) compels any particular means for compiling and recording the addresses or places where transient offenders will be located....

...fender because the State’s evidence was insufficient to prove that the cellular phone in his possession during the drop- in visit belonged to him or that he used the phone frequently enough to be required to register that phone’s number under section 943.0435, Florida Statutes (2014). Section 943.0435(2)(b) requires the offender to register in the county in which he was convicted within 48 hours after conviction and to provide “....

...5 pursuant to paragraph (4)(e).” (Emphasis added). Subsection (4)(e)(2) states that the offender “shall register all changes to home telephone numbers and cellular telephone numbers, including added and deleted numbers.” § 943.0435(4)(e)(2), Fla. Stat. (emphasis added). Here, appellant argues the phone did not belong to him, and the State did not show that he used the phone frequently enough to be required to register it under section 943.0435. However, under the plain language of the statute, there is no minimum-use or frequency threshold required to trigger the registration requirement. The plain language of the statute states that all phone numbers must be registered. § 943.0435(4)(e), Fla....

...registered as his own phone number. Thus, there was competent, substantial evidence that appellant willfully and substantially violated the conditions of his probation by intentionally failing to register the cellular telephone’s number in violation of section 943.0435....

...a 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....

...The trial court conducted a hearing and denied the petition, announcing its exercise of discretion in doing so. Finding no abuse of discretion in the trial court's decision, we affirm. An issue raised by appellant pertains to the application of Florida Statute Section 943.0435 and amendments thereto....

...Pamela Jo Bondi, Attorney General, Tallahassee, and Diana K. Bock, Assistant Attorney General, Tampa, for Appellee. CASANUEVA, Judge. Michael James Eveland, Jr. was charged with one count of failure of a sexual offender to report, in violation of section 943.0435(9), Florida Statutes (2012). Mr. Eveland filed a motion to dismiss the information, arguing that he was indigent and unable to pay the fee required for compliance with section 943.0435 and that section 943.0435 is unconstitutional as applied to indigent individuals....

...Eveland entered a guilty plea, reserving the right to appeal the denial of the motion to dismiss. This appeal followed. Mr. Eveland raises two claims of trial court error. First, he contends that the evidence established his inability to pay the fee required by section 943.0435, and second, he contends that the statute as applied to this factual instance violates identifiable constitutional provisions....

...lar facts presented as they relate to the elements of the criminal charge." Brinkley v. State, 874 So. 2d 1199, 1201 (Fla. 5th DCA 2004). Florida law imposes on convicted sexual offenders ongoing obligations to report and register. § 943.0435....

...Within forty-eight hours after reporting to the sheriff's office, the offender must report in person to a driver's license office of the Department of Highway Safety and Motor Vehicles (DHSMV) to obtain or renew a driver's license or identification card with the offender's new address. § 943.0435(3). Further, the offender must pay the costs assessed by the DHSMV for issuing or renewing a driver's license or identification card. § 943.0435(3). There is no statutory -2- provision for waivers or discounts to indigents, and failure to comply with the reporting and registration requirements in chapter 943 is a third-degree felony. § 943.0435(9); Tyler v....

...required identification, documentation and/or money needed to secure a Florida driver license or Florida identification card." Mr. Eveland showed this document to his 1 Not only was Mr. Eveland charged with violating section 943.0435, but that offense was also used to establish a violation of his then-existing probation....

...comment on whether this evidence would suffice to prove a violation of probation. -3- probation officer and believed he was in compliance. However, this document was legally insufficient to establish compliance with section 943.0435(3). When asked why he was unable to obtain his identification card on October 11, 2012, Mr....

...Eveland had not shown that he had made reasonable efforts to pay but could not do so through no fault of his own. Accordingly, it denied the motion. The issue is whether a crime was committed during the dates charged by the State in the information. We conclude that the evidence was lacking. Section 943.0435(3) requires that a sex offender report to the DHSMV within forty-eight hours of reporting an address change to the sheriff's office....

...(Offenses committed before January 1, 1994.) Sexual Offender/Sexual Predator Determinations: Sexual Predator The defendant is adjudicated a sexual predator as set forth in section 775.21, Florida Statutes. Sexual Offender The defendant meets the criteria for a sexual offender as set forth in section 943.0435(1)(a)1a., b., c., or d, Florida Statutes. Age of Victim - 51 -  The victim was years of age at the time of the offense. Age of Defendant The defendant was...

...Doe is a registered plumber holding a valid occupational license with the Florida Department of Business and Professional Regulation. He owns his own plumbing business and maintains an office in Palm Bay. Doe is also a registered sex offender pursuant to section 943.0435, Florida Statutes (2005), as a result of a sexual battery charge to which he entered a nolo conten- *1215 dere plea in 1999....

...nt; or, Sections 794.011(2), (3), (4), (5), or (8), 794'.05, 796.03, 800.04, 827.071, 847.0133, or 847.1045, Florida Statutes, or a violation of a similar law of another jurisdiction. SEXUAL OFFENDER shall have the same meaning ascribed in Sections, 943.0435, 944.606, and 944.607, Florida Statutes....

...The changes to the jury instructions for sexual offenders and sexual predators’ failure to comply with reporting requirements are made in response to statutory changes by the Legislature in chapter 2016-104, sections 1 and 3, and chapter 2017-107, sections 1-2, Laws of Florida, amending sections 943.0435 and 775.021, Florida Statutes. Having considered the Committee’s report, we authorize the amended instructions, as set forth in the appendix to this opinion, for publication and use.1 New language is indicated by underlining, and deleted language is indicated by struck-through type....

... APPENDIX 11.14 FAILURE BY A SEXUAL OFFENDER TO COMPLY WITH REGISTRATION REQUIREMENTS (Initially Register, Report, or Provide Registration Items) § 943.0435(2)(a)–(c), Fla....

.... Comments In some cases, a special instruction will be needed if the sexual offender initially reported but then failed to properly report a change in the information required to be provided pursuant to § 943.0435(2)(a)2., Fla....

...WITH REGISTRATION REQUIREMENTS (Failure to Comply with [Registration] [or] [a Change] of [Employment] [Enrollment] [Volunteering] [Carrying on a Vocation] at an Institution of Higher Learning) § 943.0435(2)(b)2., Fla. Stat. or § 943.0435(4)(e)2., Fla....

...3d 1088], and 2018. 11.14(e) FAILURE BY A SEXUAL OFFENDER TO COMPLY WITH REGISTRATION REQUIREMENTS (Failure to Report Change of Residence to Another State or Jurisdiction or Country) § 943.0435(7), Fla....

...3d 1088], and 2018. 11.14(g) FAILURE BY A SEXUAL OFFENDER TO COMPLY WITH REGISTRATION REQUIREMENTS (Failure to Report Twice a Year/Failure to Report Quarterly/Providing False Information) § 943.0435(14)(a)–(b), Fla. Stat. Give this statement if the charge is failure to report twice a year during the sexual offender’s birthday month and six months later pursuant to § 943.0435(14)(a), Fla. Stat., or, for certain specified violators, failure to report during the sexual offender’s birthday month and every third month thereafter pursuant to § 943.0435(14)(b), Fla. Stat. To prove the crime of Failure by a Sexual Offender to Comply with Registration Requirements, the State must prove the following three elements beyond a reasonable doubt: Give 1a or 1b as applicable if § 943.0435(14)(a), Fla....

...convicted as a sexual offender; therefore, you should consider the sexual offender status element as proven by agreement of the parties. - 15 -  Give 1c or 1d as applicable if § 943.0435(14)(b), Fla. Stat., is charged. c. is a sexual offender and is required to report and reregister as a result of a conviction for (insert relevant factor in § 943.0435(14)(b)1.–(14)(b)101., Fla....

...See instruction 11.14(h) for the applicable definitions. Lesser Included Offenses No lesser included offenses have been identified for this offense. Comments This instruction covers some of the ways a defendant can violate § 943.0435(14), Fla....

...This instruction was adopted in 2008 [983 So. 2d 531] and amended in 2012 [85 So. 3d 1090], 2013 [113 So. 3d 754], 2014 [140 So. 3d 1204], and 2016 [195 So. 3d 1088], and 2018. 11.14(h) SEXUAL OFFENDER DEFINITIONS § 943.0435(1), Fla. Stat. Definitions. “Sexual offender” means a person who (Insert the appropriate criteria specified by § 943.0435(1)), Fla....

...Stat. “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 juvenile, military, federal and out of state convictions see § 943.0435(1), Fla....

...Without that document, the State failed to prove the charges; the court erred in denying the motion for judgment of acquittal. The State charged the defendant with use of a weapon during a felony (failure to register) and failing to register as a sexual offender. Section 943.0435, Florida Statutes (2011), defines a “sexual offender” for purposes 3 Article 92 appears to be the failure to obey an order or regulation. 4 During deliberations, the jury asked for “clarification [on] whether failure to c...

...of the registration statute.5 Two provisions of the statute could apply in this situation. The first one requires the State to prove the defendant was convicted of an enumerated Florida crime or a similar offense within another jurisdiction. Id. § 943.0435(1)(a)1.a....

...986” in Michigan. Id. at 863–64. “The State presented no evidence that his crime was similar to an enumerated Florida crime . . . .” Id. at 864. The Fifth District held that the state failed to prove the defendant was a sexual offender under section 943.0435(1)(a)1.a. Id. As in Moore, the State failed to prove the defendant 5 A “sexual offender” subject to the registration requirements of section 943.0435 is defined in relevant part as a person who: a.(I) Has been convicted of committing ....

...but who has been designated as a sexual predator . . . , or by another sexual offender designation in another state or jurisdiction and was, as a result of such designation, subjected to registration or community or public notification, or both . . . . § 943.0435(1)(a)1.a.–b., Fla....

...from the military, and did not get a certified charging document. He could not vouch for the accuracy of the documents, their completeness, their 6 In Moore, the court found the state sustained its burden of proof on the alternative definition of sexual offender under section 943.0435(1)(a)1.b., Florida Statutes (2011)....

...tment of Justice. That order contained summarized findings made by the U.S. Army. But no one from the Army, the FDLE, or the Department of Justice authenticated the document. The State simply failed to prove the defendant was a sexual offender under section 943.0435(1)(a)1.a. The other provision that may have applied to require the defendant to register as a sexual offender was section 943.0435(1)(a)1.b., Florida Statutes (2011). That section defines a sexual offender in relevant part as a person residing in Florida, who was “designated” as a sexual predator or other sexual offender designation in another state or jurisdiction and subject to registration. § 943.0435(1)(a)1.b., Fla....

...considered, there was no proof that the defendant had been “designated” as a sexual offender. The three pages of documents from the Army contain NO designation. Thus, the State failed to prove the defendant was “designated” as a sexual offender under section 943.0435(1)(a)1.b. The State maintains that the defendant’s affirmative act of registering as a sexual offender for six years proves he was a sexual offender. However, defense counsel never stipulated to that fact at trial, and no fingerprints were compared to identify the defendant as the person who registered....

...1st DCA 2003). The State argues that if the court erred in admitting the unathenticated hearsay court martial document, then the error was harmless because the defendant’s testimony proved that: (1) he was convicted of another jurisdiction’s sexual offense similar to a Florida sexual offense enumerated in section 943.0435(1)(a)1.a.(I); and (2) another jurisdiction designated him as a sexual offender for which he was, as a result of such designation, subjected to registration, pursuant to section 943.0435(1)(a)1.b. The State’s attempt to prove the error harmless suffers from a fatal flaw: it relies entirely on the defendant’s own testimony – testimony given only after the court denied the motion for judgment of acquittal....

...). The postconviction court summarily denied this facially sufficient claim by simply noting that Mr. Moseley could not have been prejudiced by counsel’s misadvice because he could not qualify for a less burdensome sexual offender designation. See § 943.0435, Fla....

...Assistant Attorney General, West Palm Beach, for appellee. PER CURIAM. Victor Perdue appeals his conviction and sentence for failing to report in person to the sheriff’s office every 30 days after establishing a transient residence, in violation of section 943.0435(4)(b)2., Florida Statutes (2018). Perdue raises numerous claims on appeal, but we find only two have merit: (1) his prior conviction was improperly scored as a level 7 offense, and (2) investigation costs were improperly assessed....

inquiry. But a panel decision interpreting section 943.0435(1)'s definition of "the sanction

...(Offenses committed before January 1, 1994.) Sexual Offender/Sexual Predator Determinations: Sexual Predator The defendant is adjudicated a sexual predator as set forth in section 775.21, Florida Statutes. Sexual Offender The defendant meets the criteria for a sexual offender as set forth in section 943.0435(1)(a)1a., b., c., or d, Florida Statutes. Age of Victim The victim was years of age at the time of the offense. Age of Defendant The defendant was years of age at the time of the offense. Relati...

...Albertine, Jr., Assistant Public Defender, Bartow, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Marilyn Muir Beccue, Assistant Attorney General, Tampa, for Appellee. NORTHCUTT, Judge. The State charged Jose Figueroa with failing to register as a sexual offender pursuant to section 943.0435(4)(a), Florida Statutes (2010), and a jury convicted him of that crime....

...arge. Figueroa recounted that he had tried to register at a police station in Puerto Rico, but he was told that it was unnecessary to do so if he had not committed a crime in that jurisdiction. Figueroa was charged with violating section 943.0435(4)(a), which states in pertinent part: (4)(a) Each time a sexual offender's driver's license or identification card is subject to renewal, and, without regard to the status of the off...

...the offender's name by reason of marriage or other legal process, the offender shall report in person to a driver's license office, and is subject to the requirements specified in subsection (3). But section 943.0435 also provides, in subsection (7), that: (7) A sexual offender who intends to establish a permanent, temporary, or transient residence in another state or...

...The only evidence in the case regarding Figueroa's residency was his own testimony that he moved from his registered address in Hillsborough County to Puerto Rico. The State offered no evidence of an interim move within Florida that would have triggered the section 943.0435(4)(a) requirement that a sexual offender "report in person to a driver's license office" about his change in residence....

...And as the defense aptly noted, it would be impossible for someone living in Puerto Rico to "appear in person" at a Florida driver's license office. Nor would a Puerto Rico resident be eligible to obtain a Florida driver's license or identity card. See § 943.0435(4)(a) (subjecting the offender to requirements of subsection (3) of the statute); § 943.0435(3)(a) (requiring the offender to secure or renew a Florida driver's license or to obtain a Florida identification card). We recognize that section 943.0435(4)(a) does not specifically state that it pertains only to an offender's change of residence within this state. But that is the clear -3- assumption behind the subsection's directive to report in person at a Florida driver's license office within 48 hours after the move. In contrast, section 943.0435(7) does specify that it applies to an offender who "intends to leave this state to establish residence in another state or jurisdiction."1 Applying the doctrine of in pari materia, we read statutes relating to the same subject matter together in order to harmonize the provisions and to effect the legislature's intent. See Larimore v. State, 2 So. 3d 101, 106 (Fla. 2008). Section 943.0435(7) specifically sets forth the obligations imposed on an offender who establishes residency outside Florida; by clear implication, section 943.0435(4)(a) does not....

...11.14(d) and 11.14(e) supports our analysis of these statutory subsections. See In re Standard Jury Instructions in Criminal Cases—Report No. 2007-4, 983 So. 2d 531, 536- 38 (Fla. 2008). When the crime of failure to register as a sexual offender is charged under section 943.0435(7), the jury must find that the accused "[established] [maintained] a permanent, temporary, or transient residence in (name of county) County, Florida," and that he "intended to leave this State to establish residence in another state or jurisdiction on (date)." Fla. Std. Jury Instr. (Crim.) 11.14(e). 1 The legislature amended section 943.0435(7) in 2014 to explicitly state that it applies to an offender who intends to establish a residence outside the United States. Ch. 14-5, § 5, at 102, Laws of Fla. -4- Standard instruction 11.14(d), which is given when the crime is charged under section 943.0435(4), contains no such proviso. The Fifth District examined this question in Binder v. State, 853 So. 2d 537, 539 (Fla. 5th DCA 2003), albeit in the reverse scenario. Although Binder was charged with violating section 943.0435(7), the evidence established that he had not moved outside Florida but rather had changed residences within the City of Kissimmee. It appeared to the Fifth District that Binder had been charged under the wrong statutory subsection....

...For this reason, the court determined that he could not attack the conviction on appeal. Here, however, the issue is squarely before us because Figueroa moved for a judgment of acquittal on the ground that the evidence could not support a conviction under the subsection he was charged with violating. Section 943.0435(4)(a) did not apply to the facts of this case, and the evidence presented at trial did not prove a violation of that statutory crime....

...card allows for the identification of sexual predators and sexual offenders with a blue identifier on the bottom right of the front of the card. Sexual predators will have ‘Sexual Predator’ spelled out on the card, while sexual offenders have ‘943.0435, F.S.’ listed in this area.” See Florida’s NEW Driver License and ID Card, Florida Highway Safety and Motor Vehicles, https://www.flhsmv.gov/driver-licenses-id-cards/newdl/ (last visited June 7, 2024). This case involves the “SEXUAL 1 PREDATOR” designation, not the sexual offender designation; the latter—as indicated—uses only the number of the sexual offender statute, “section 943.0435,” rather than a phrase such as “SEXUAL OFFENDER,” or the like....

...§ 800.04(6)(b) and was sentenced to five years of sexual offender probation. The terms of that probation provided that he “qualifie[d] and shall register with the Florida Department of Law Enforcement as a sexual offender pursuant to [Fla. Stat.] § 943.0435.” See also Fla. Stat. § 943.0435(1)(h)1.a.(I) (defining a sex offender as any person con- victed of various sexual offenses, including a violation of § 800.04). Nine years later, in 2017, Mr....

...We set out the requirements of the scheme in more detail in Part III.C. A In Florida, persons convicted of a qualifying sexual offense— like Mr. Clements—are subject to registration and reporting re- quirements for life. See Fla. Stat. § 943.0435(1)(h), (11)....

...with all of their personal and identifying information. See USCA11 Case: 21-12540 Document: 60-1 Date Filed: 02/09/2023 Page: 6 of 46 6 Opinion of the Court 21-12540 § 943.0435(2)(b), (3)....

...This information is generally available to the public. See Fla. Stat. § 119.071. Sex offenders in Florida have an obligation to keep their reg- istration up to date. At a minimum, they must report to their local sheriff’s office in person every six months. See § 943.0435(14)(a). Any changes with respect to a vehicle or residency or any travel plans must generally be reported in person within 48 hours. See § 943.0435(2), (4), (7). Any changes to employment, telephone num- bers, email addresses, or internet identifiers must be made online within 48 hours. See § 943.0435(4)(e). Failure to report is a felony offense. See, e.g., § 943.0435(8), (9)(a). B After Mr....

...C To recap and fully detail the requirements of Florida’s scheme, sex offenders like Mr. Clements are subject to registration and reporting requirements for life. See Fla. Stat. § 943.0435(1)(h), (11)....

...Upon initial registration, which must be in person, sex offend- ers must provide the state with all of their personal and identifying information, secure a state driver’s license or state identification card, and provide a set of fingerprints. See § 943.0435(2)(b), (3). This information—including the offender’s picture, date of birth, addresses, vehicles, and sexual offense convictions—is available to the public unless exempt or confidential. See Fla. Stat. § 119.071. Sex offenders have an obligation to keep their registration up to date. At a minimum, they must report to their local sheriff’s office in person every six months. See § 943.0435(14)(a). Any changes with respect to a vehicle or residence must be reported in person within 48 hours. See § 943.0435(2), (4)....

...Sex offenders who become transient or homeless must report in person within 48 hours any shelter or location (including those with no specific ad- dress) at which they spend more than three days on aggregate in a calendar year, and report in person every 30 days thereafter. See §§ 943.0435(4)(b)2 & 775.21(2)(o). Sex offenders must update their driver’s licenses within 48 hours of the renewal date or of any change in name or address. See § 943.0435(4)(a). Sex offenders who plan to leave the state must report in person 48 hours before- hand, or at least 21 days before any international trip of five days or more. See § 943.0435(7)....

...Any changes to employment, USCA11 Case: 21-12540 Document: 60-1 Date Filed: 02/09/2023 Page: 18 of 46 18 Opinion of the Court 21-12540 telephone numbers, email addresses, or internet identifiers must be made online within 48 hours. See § 943.0435(4)(e). Failure to re- port generally is a third-degree felony offense, with violations of certain reporting requirements related to residency being second- degree felonies. See, e.g., § 943.0435(8), (9)(a). Florida’s sex offender registration and reporting statute also contains several legislative findings....

...First, sex offenders “often pose a high risk of engaging in sexual offenses even after being released,” and therefore “have a reduced expectation of privacy because of the public’s interest in public safety and in the effective operation of government.” § 943.0435(12)....

...Clements has to report in person to the authorities periodically and provide them with all sorts of infor- mation and updates, he knows exactly when he must do so: during his birthday month and six months thereafter. See Fla. Stat. § 943.0435(14)(a)....

...For example, the Supreme Court noted that the updating of information by sex offenders in Alaska did not have to be in person. See id. at 100. Although Florida does not require that all changes of information be made in person, see, e.g., § 943.0435(4)(a), an of- fender like Mr....

...with the discretion to grant or deny such relief. Even if the sexual predator designation is removed from the registry, the sexual predator must comply with the requirements for registration as a sexual offender and other requirements provided under section 943.0435 or section 944.607 , Florida Statutes....

...Fox filed a rule 3.850 motion, claiming that his plea was unintelligently entered because the Michigan conviction upon which his failure to register as a sexual offender charge was based is not a conviction that required him to register as a sexual offender under section 943.0435, Florida Statutes (2011), and that he would not have pleaded guilty if he had known he was not required to register. Mr. Fox is a “sexual offender” under section 943.0435(l)(a)(l)(b), because he “has been designated as a ......

...(Emphasis added.) Mr. Fox was required to register for twenty-five years under Michigan’s Sex Offenders Registration Act, and he would be required to register if he lived there today. See § 28.725(3). Thus, Mr. Fox is required to register as a sexual offender under section 943.0435(l)(a)(l)(b), Florida Statutes (2011). See Moore v. State, 992 So.2d 862, 864 (Fla. 5th DCA 2008) (holding proof that a defendant was required to register as a sex offender in Michigan satisfied the sexual offender element of section 943.0435). Because Mr. Fox is required to register as a sexual offender under section 943.0435(l)(a)(l)(b), he failed to establish that his guilty plea was unknowingly entered....

...va. The title of the count read as follows: FAILURE OF SEXUAL OFFENDER TO REPORT A CHANGE IN INFORMATION. The body of the charge read in full as follows:  On or about December 9, 2021 [Nava] did unlawfully as a “sexual offender” per Section 943.0435(4) (fail to report a change in the information required to be provided pursuant to Section 943.0435(4)(b)(l), to wit: Failed to Update Address, within 48 hours as required as follows: To the Department of Law Enforcement through their online system; in person at the Liberty County Sheriff’s Office; in person at the Department of Corrections, or in person at the Department of Juvenile Justice, contrary to Sections 943.0435(9) & (14)(c), Florida Statutes. Section 943.0435, Florida Statutes, is entitled “Sexual offenders required to register with the department; penalty.” Subsection (9)(a) states that a violation of this section constitutes a third-degree felony. Subsection (4), which sets forth requirements for change of residence for sexual offenders, identifies several ways that a sexual offender may violate section 943.0435. The following table compares the two of those requirements: 943.0435(4)(a) 943.0435(4)(b)1. “within 48 hours after any “A sexual offender who vacates change in the offender’s a permanent, temporary, or permanent, temporary, or transient residence and fails to transient residence ....

..., report in person to the sheriff’s office of the county in which he or she is located.” The information in this case charged a violation of section 943.0435(9), Florida Statutes, referring to the requirements of section 943.0435(4). 2  It is unclear whether the State alleged a specific violation of paragraph (4)(a) or subparagraph (4)(b)1. On the one hand, the information explicitly mentions section 943.0435(4)(b)1., which generally applies to “homeless sexual offenders.” See State v. Cutwright, 41 So. 3d 389, 391 (Fla. 1st DCA 2010) (noting that section 943.0435(4)(b) “provides for the registration of a transient residence for homeless sexual offenders”); see also Peterson v. State, 198 So. 3d 1064, 1066 (Fla. 1st DCA 2016) (“[Section 943.0435(4)(b) requires] that homeless sexual offenders tell the sheriff’s office where they can be found.”). On the other hand, the information mentions a failure to update an address—which suggests a violation of section 943.0435(4)(a). See generally Griffin v. State, 969 So. 2d 1161, 1162 (Fla. 1st DCA 2007) (“Section 943.0435(4)(a) requires a sex offender to report to the Department of Motor Vehicles, in person, within 48 hours after a permanent or temporary address change to renew his ‘driver’s license or identification card.”). Nava never addressed this discrepancy at trial. Instead, both Nava and the State treated the case as if the information charged Nava with failing to report a change of address, required by section 943.0435(4)(a)....

...The State claimed that Nava had either moved from one place to another or had established a second, unreported residence. Nava argued that he had not moved at all, he had just moved one of his trailers to the second property. A single, standard instruction addresses subsection 943.0435(4), Florida Statutes....

...on either of those options. Instead, the trial court created a unique, non-standard instruction. The following table compares the standard instruction options with the actual instruction provided to the jury in this case: 3  § 943.0435(4)(a) § 943.0435(4)(b)(1) This case Defendant is a Defendant is a Juan Nava has sexual offender....

...conviction, no fundamental error occurs if the defendant does not dispute that element at trial. See Reed, 837 So. 2d at 370. Applying this standard to Nava’s trial, no fundamental error occurred. First, the entire case proceeded on the premise that the requirement of section 943.0435(4)(a) (failure to report a change in residence) was the one that Nava violated....

...2014) (“The principle [of fundamental error] is applied only in rare cases[.]”); F.B. v. State, 852 So. 2d 226, 229–30 (Fla. 2003) (“[R]arely will an error be deemed fundamental . . . .”). This is not one of them. The evidence established a violation of section 943.0435(4), the jury was instructed on the elements of a violation of section 943.0435(4), and Nava argued the case as if section 943.0435(4)(a) had been charged. Moreover, to the extent that the instructions indicated a 7 different reporting location than set forth in section 943.0435(4)(a), Nava did not dispute below the erroneous or omitted element. Accordingly, we affirm. AFFIRMED. B.L....

...1 He was sentenced to 136.5 months in prison followed by fifteen years sexual offender probation. Also in 2009, the trial court entered an order designating Manetta as a sexual offender and requiring him to register as a sexual offender forty-eight hours following his release from prison. See § 943.0435, Florida Statutes (2021). After his release from prison, Manetta was arrested for failing to timely register as a sexual offender....

...completed his fifteen years of probation. The trial court summarily denied Manetta’s motion because (1) its 2009 order designated him as a sexual offender and required that he register as such forty-eight hours following his release from prison; and (2) section 943.0435(h) also required he register forty-eight hours following his release from prison. Pursuant to Florida Rule of Criminal Procedure 3.850(f)(5): If the motion is legally sufficient but all grounds in the motion can...

...(Offenses committed before January 1, 1994.) Sexual Offender/Sexual Predator Determinations: Sexual Predator The defendant is adjudicated a sexual predator as set forth in section 775.21, Florida Statutes. Sexual Offender The defendant meets the criteria for a sexual offender as set forth in section 943.0435(1)(a)1a., b., c., or d, Florida Statutes. Age of Victim The victim was years of age at the time of the offense. Age of Defendant The defendant was years of age at the time of the offense. Relati...

...Gifford, Assistant Public Defender, Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, and Anne C. Conley, Assistant Attorney General, Tallahassee, for Appellee. WOLF, J. Appellant seeks review of his convictions for failure to report a change of residence as required by section 943.0435, Florida Statutes (2010), alleging the trial court erred in denying his motion for judgment of acquittal....

...petition for removal from the sex offender registry. We affirm. The defendant was convicted of lewd and lascivious battery on a child between the age of twelve and sixteen years, in violation of section 800.04(4), Florida Statutes (2000). Section 943.0435, Florida Statutes (2000), requires that all offenders convicted of committing certain offenses, including lewd and lascivious battery on a child between the age of twelve and sixteen years under section 800.04(4), be registered as sexual offenders. The defendant’s sentence is therefore not illegal. We also conclude that, although the defendant met the requirements specified under section 943.04354, Florida Statutes (2015), which permits persons convicted of one of the enumerated sexual offenses to petition for removal from the sex offender registry, the trial court did not abuse its discretion by determining that the defendant was not an appropriate candidate for relief under section 943.04354. In 2000, the defendant was convicted of lewd and lascivious battery on a child between twelve and sixteen years of age, in violation of section 800.04(4), which required that the defendant be registered as a sexual offender....

...ntence based on the sexual offender recordation in the instant case. Noting that the defendant’s sentence was clearly not illegal, the trial court treated the defendant’s motion as a petition for removal from the sex offender registry. Section 943.04354 specifies the criteria necessary to be eligible for consideration for removal from the sex offender registry....

...defendant is currently serving an eighteen-year prison sentence for violent offenses. Because the decision whether to grant a petition for removal from the sex offender registry filed by an offender who meets the criteria under the statute is discretionary, see § 943.04354(2) (providing that if a defendant meets the criteria for removal, “[the court] may grant the motion”) (emphasis added); Matos v....

...Gibson, Public Defender, and Allison Havens, Assistant Public Defender, Daytona Beach, for Appellee. SHARP, W., J. The state appeals from orders in two cases, [1] which dismissed charges filed against Mounce for failure to register with the Department of Motor Vehicles pursuant to section 943.0435(4) as a sexual offender. Both cases turn on the proper interpretation of section 943.0435(4) as to whether Mounce was required to re-register as a sexual offender when he changed his residence because his license was not then subject to renewal. We reverse. Section 943.0435 provides in part: (2) A sexual offender shall: (a) Report in person at an office of the department, or at the sheriff's office in the county in which the offender establishes or maintains a permanent or temporary residence, within 48...

...The Department of Highway Safety and Motor Vehicles shall forward to the department all photographs and information provided by sexual offenders.... (emphasis added) The trial judge concluded that Mounce originally registered as a sex offender, pursuant to section 943.0435 and that when he changed his residence at a time when his driver's license was not subject to renewal, he was not required to re-register under the statute....

...ation requirement under the statute. He noted that the rule of lenity [2] should be applied in this case to read the statute in a manner most favorably to the accused. The state questions whether the rule of lenity should apply in this case, because section 943.0435 is a "civil" statute, only mandating registration....

...*135 In order to arrive at a proper construction of a statute, the court must look at various factors, including legislative intent and the statutory scheme as a whole and adopt the interpretation most likely to comply with legislative intent and fulfill the purpose of the statute. [6] Section 943.0435(12) sets forth the Legislature's intent behind the registration requirements for sexual offenders: (12) The Legislature finds that sexual offenders, especially those who have committed offenses against minors, often pose a high risk...

...n it was reinstated, after a payment of a traffic fine. We find Grumet v. State, 771 So.2d 39 (Fla. 4th DCA 2000), rev. denied, 790 So.2d 1103 (Fla.2001) more on point. In that case, Grumet's probation was revoked for having failed to register under section 943.0435(4)....

...(1) The provisions of this code and offenses defined by other statutes shall be strictly construed; when the language is susceptible of differing constructions, it shall be construed most favorably to the accused. See McLaughlin v. State, 721 So.2d 1170 (Fla. 1998). [3] Section 943.0435(9) provides: A sexual offender who does not comply with the requirements of this section commits a felony of the third degree, punishable as provided in s....

...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....

...Florida Supreme Court Approved Family Law Form 12.982(a), Petition for Change of Name (Adult) (02/18) - 283 -  I _____ have ______have not ever been required to register as a sexual offender under section 943.0435, Florida Statutes. 13....

...u 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 both parents agree to the change of name and live in the county where the change of name is sought, Instructions for Florida Supreme Court Approved Family Law Form 12.982(c), Petition for Change of Name (Minor...

..._____ 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 as a sexual offender under section 943.0435, Florida Statutes. Florida Supreme Court Approved Family Law Form 12.982(c), Petition for Change of Name (Minor Child(ren)) (02/18) - 292 -  11....

...n 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....

...d 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 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....

...u 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)....

...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....

...Florida Supreme Court Approved Family Law Form 12.982(f), Supplemental Form for Petition for Change of Name (Family) (02/18) - 319 -  I _____ have ______have not ever been required to register as a sexual offender under section 943.0435, Florida Statutes. 13....

... _____ 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. 10....

...ther 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....

...u 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....

...u 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....

...Bill McCollum, Attorney General, and Jennifer J. Moore, Assistant Attorney General, Tallahassee, for Appellee. PER CURIAM. Christopher Simmons appeals an order denying his petition to remove the requirement that he register as a sexual offender which was filed pursuant to section 943.04354, Florida Statutes (2008). The trial court erroneously denied the petition based upon a finding that, because Simmons had been adjudicated guilty of violating section 800.04, Florida Statutes (2000), he was ineligible for relief. See § 943.04354(1)(a) (permitting a defendant to seek relief if he was convicted of violating section 800.04 or if adjudication of guilt is withheld). We reverse and remand for further proceedings. Section 943.0435, Florida Statutes (2000), provides that a defendant convicted of violating section 800.04, as well as other enumerated offenses, is automatically designated a sexual offender and required to comply with the registration requirements of the statute. However, section 943.04354 permits the defendant to petition the sentencing court for removal from the sex offender registry if he satisfies the criteria of that statute....

...ars of age or older but less than 16 years of age, in violation of section 800.04(4)(a), Florida Statutes (2009). He was sentenced to a term of thirty months in the Department of Corrections and was required to register as a sex offender pursuant to section 943.0435 of the Florida Statutes (2009). Samuels filed a motion pursuant to rule 3.180(a) of the Florida Rules of Criminal Procedure arguing that he is exempt from the sexual offender registration requirement under section 943.04354 of the Florida Statutes (2009), commonly referred to as Florida’s Romeo and Juliet law. The statute provides: 943.04354 Removal of the requirement to register as a sexual offender or sexual predator in special circumstances.— (1) For purposes of this section, a person shall be considered for removal of the requirement to register as a sexual offender or se...

...than the victim of this violation who was H years of age or older but not more than 17 years of age at the time the person committed this violation. (Emphasis added). The trial court granted the motion, concluding that Samuels had demonstrated that section 943.04354 was applicable to his case since the victim was 14 years old and Samuels was 18 years old at the time of the offense....

...We disagree. The information in this case shows that the actual difference in age between Samuel and the victim at the time of the offense was four years, one month, and 21 days. “If a defendant is one day past the four-year eligibility limit prescribed by section 943.04354 of the Florida Statutes, he is 00ineligible to petition for relief.” State v....

...(lower tribunal case number 98-41196), the State dismissed its Jimmy Ryce Petition. Bishop’s life sentence in lower tribunal case number 98-41196 was subsequently reduced to twenty years. 3 We note that Bishop’s convictions may qualify him as a “sexual offender” under section 943.0435, Florida Statutes; that issue, however, is not before us. 2 

PER CURIAM. Appellant Robert Muzzo entered a negotiated plea of no contest to violating section 943.0435(3), Florida Statutes (2000), which requires a sexual offender to report to the Department of Motor Vehicles within forty-eight hours after making the report required by section 943.0435(2) after a change in permanent or temporary residence....

...crime by removing the requirement that the threat be sent to the person threatened. This instruction was adopted in 2013 [131 So. 3d 720] and amended in 2018. 11.14(h) SEXUAL OFFENDER DEFINITIONS § 943.0435(1), Fla. Stat. Definitions. “Sexual offender” means a person who (Insert the appropriate criteria specified by § 943.0435(1)), Fla....

...Stat. “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 juvenile, military, federal and out of state convictions see § 943.0435(1), Fla....

...The State appeals the trial court’s order granting the motion of Melissa Hope Williams, appellee, to dismiss the information. In the information, the State alleged that Ms. Williams failed to notify the State of her address change as required by section 943.0435, Florida Statutes (2008) pursuant to her designation as a “sexual offender” under section 943.0435(l)(a)lb, Florida Statutes (2008). The trial court ruled that the registration requirement of section 943.0435(l)(a)l distinguishes between adult and juvenile sex offenders and that Ms....

...Williams registered her address with the Florida Department of Motor Vehicles when she first moved to Florida, but failed to reregister when she changed residences in approximately May 2009. In granting her motion to dismiss, the trial court ruled that under section 943.0435(l)(a)ld, Ms....

...Williams was not a “sexual offender” required to register since she was under the age of fourteen at the time of the underlying offense and the adjudication occurred before 2007, the year subparagraph d of the statute took effect. The State argues the trial court erred by applying subsection d of section 943.0435(l)(a)l, rather than subsection b of *432 the statute....

...In so holding, we noted the longstanding premise of Florida law that, as a general rule, juveniles are to be treated differently from adults. This court observed: In 2007, the Legislature expanded the definitions of both “sexual offender” and “convicted” in section 943.0435 so that certain juvenile offenders would be required to register as sexual offenders....

...old added); see generally, Earl F. Martin & Marsha Kline Pruett, The Juvenile Sex Offender and the Juvenile Justice System, 35 Am.CRIm. L.Rev. 279 (1998) (supporting policy of treating juveniles differently under the law). Only subparagraph d of section 943.0435(l)(a)l applies to juveniles....

...redators Act.” J.M., 824 So.2d at 107-08 . In J.M., a fourteen year old juvenile was charged as an adult with sexual battery. He pled nolo contendere, and the trial court, in its discretion, adjudicated the juvenile as delinquent. Id. at 108 . Had section 943.0435(l)(a)ld been in effect at the time, the juvenile may have met the definition of a “sexual offender,” given that he was fourteen years old and had been adjudicated delinquent....

...age by a person under the age of 18, or lewd and lascivious molestation of a child less than 12 by a person over the age of 18. . Ms. Williams originally registered as a sex offender in Florida on or about December 7, 2005, prior to the enactment of section 943.0435(l)(a)ld.

...4th DCA 2003); Therrien v. State, 859 So.2d 585 (Fla. 1st DCA 2003); Zaveta v. State, 856 So.2d 1058 (Fla. 5th DCA 2003), we find no merit in the present challenge to the validity of the quite different and less intrusive Sex Offender Registration Act, section 943.0435, Florida Statutes (2003)....

...bia County. Linda Lee Nobles, Judge. August 7, 2024 B.L. THOMAS, J. James Dennis appeals his judgment and sentence arguing there was insufficient evidence to sustain his convictions on counts 1 and 2 under sections 943.0435(4)(b)1 and (4)(a), Fla....

...offender. The State then presented evidence that Dennis registered an address in May of 2022, but that renters had lived at that address since 2019, and Dennis had never lived with them. Count 1 charged Dennis with violating section 943.0435(4)(b)1, which states: A sexual offender who vacates a permanent, temporary, or transient residence and fails to establish or maintain another permanent, temporary, or transient residence shall, within 48 hours after vacating the permanent, temporary, or transient residence, report in person to the sheriff's office of the county in which he or she is located. Count 2 charged Dennis with violating section 943.0435(4)(a), which requires a sexual offender to report in person “any change” in the offender’s “permanent, temporary, or transient residence” to the Department of Highway Safety and Motor Vehicles within 48 hours. § 943.0435(4)(a), Fla....

notification of sexual offenders, you refer to section 943.0435, Florida Statutes, which requires sexual offenders

...Thus, although the trial court had the discretion to sentence Petitioner to multiple consecutive sentences, the court imposed a sentence of three years in prison followed by twelve years on sex-offender probation. Petitioner was required to participate in sex-offender counseling and to register as a sex offender under section 943.0435 of the Florida Statutes....

...Stat. This instruction was adopted in 2014. 11.14 FAILURE TO REGISTER AS BY A SEXUAL OFFENDER TO COMPLY WITH REGISTRATION REQUIREMENTS (Initially Register, Report, or Provide Registration Items) § 943.0435(2)(a)-(b), Fla....

...SEXUAL OFFENDER TO COMPLY WITH REGISTRATION REQUIREMENTS (Failure to Comply with Registration of a Residence, Motor Vehicle, Trailer, Mobile Home, Manufactured Home, Vessel, or Houseboat) § 943.0435(2)(b)1, Fla....

...3d 1090] and 2014. 11.14(b) FAILURE TO REGISTER AS A SEXUAL OFFENDER BY A SEXUAL OFFENDER TO COMPLY WITH REGISTRATION REQUIREMENTS (Failure to Comply with Registration of Employment or Enrollment at an Institution of Higher Learning) § 943.0435(2)(b)2, Fla....

...3d 1090] and 2014. - 20 -  11.14(c) FAILURE TO REGISTER AS BY A SEXUAL OFFENDER TO COMPLY WITH REGISTRATION REQUIREMENTS. (Failure to Report to Department of Highway Safety and Motor Vehicles) § 943.0435(3), Fla....

...3d 1090] and 2014. - 23 -  11.14(d) FAILURE TO REGISTER AS BY A SEXUAL OFFENDER TO COMPLY WITH REGISTRATION REQUIREMENTS (Failure to Report Change of Name or Address within the State or Jurisdiction) § 943.0435(4), Fla....

...ended in 2012 [85 So. 3d 1090] and 2014. 11.14(e) FAILURE TO REGISTER AS BY A SEXUAL OFFENDER TO COMPLY WITH REGISTRATION REQUIREMENTS (Failure to Report Change of Residence to Another State or Jurisdiction) § 943.0435(7), Fla....

...d in 2012 [85 So. 3d 1090] and 2014. 11.14(f) FAILURE TO REGISTER AS BY A SEXUAL OFFENDER TO COMPLY WITH REGISTRATION REQUIREMENTS (Failure to Report Intent to Remain within the State or Jurisdiction) § 943.0435(8), Fla....

...3d 1090] and 2014. - 31 -  11.14(g) FAILURE TO REGISTER AS BY A SEXUAL OFFENDER TO COMPLY WITH REGISTRATION REQUIREMENTS (Failure to Report Twice a Year/Failure to Report Quarterly) § 943.0435(14)(a) or (b), Fla. Stat. Give this statement if the charge is failure to report twice a year during the sexual offender’s birthday month and six months later pursuant to § 943.0435(14)(a), or, for certain specified violators, failure to report during the sexual offender’s birthday month and every third month thereafter pursuant to § 943.0435(14)(b). To prove the crime of Failure to Report [Twice a Year][Quarterly] as by a Sexual Offender to Comply with Registration Requirements, the State must prove the following three elements beyond a reasonable doubt: Give 1a or 1b as applicable. 1....

...Jonathan Taplin appeals the trial court’s order denying his motion to correct sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(b). The State concedes error. We reverse.  Taplin pled guilty to failure to register as a sexual offender as required by section 943.0435(7), Florida Statutes (2017)....

...violence, pursuant to section 794.011(5)(b), Florida Statutes. The trial court sentenced Carnright to seven years in prison followed by five years of sexual offender probation. As a result of his conviction, he will also be required to register as a sexual offender. § 943.0435(1)(h)1., Fla....

...Although from this record we cannot determine why the trial court denied this petition, we affirm because the petition was untimely. Mr. Clark’s offense occurred after July 1, 2007. As a result, he needed to raise this issue in a motion filed before his sentencing hearing. See § 943.04354(2). He is not eligible to file a petition after sentencing. See § 943.04354(3)....

...The trial court adjudicated him guilty and placed him on one year of community control, followed by four years of probation as a sex offender. Persons who are convicted of violating section 800.04 are subject to substantial sex offender registration requirements. See § 943.0435....

...��after considering Mr. Clark’s petition, the State’s objection, and reviewing the case.” Our review of this order has been hampered by the fact that Mr. Clark’s designation as a sex offender is not regarded as a portion of his sentence. See § 943.0435(12)....

...Given that the right to seek removal of the requirement to register as a sexual offender or predator is provided by statute and the defendant is provided only one opportunity to exercise this right, we see no reason not to treat this order as an appealable order. See § 943.04354(2); see also Miller v. State, 17 So.3d 778 (Fla. 5th DCA 2009) (reviewing a similar order without discussion of the jurisdictional basis). Unfortunately for Mr. Clark, section 943.04354 is complex, and he has filed his petition under subsection (3) when it should have been filed under subsection (2). The relevant sections of the statute state: 943.04354 Removal of the requirement to register as a sexual offender or sexual predator in special circumstances.— (1) For purposes of this section, a person shall be considered for removal of the requirement to register as a sexual offender or sexual predator only if the person: (a) ......

...ed before or after midnight of July 1, 2007. For a defendant like Mr. Clark, who committed his offense on or after July 1, 2007, relief must be sought by a motion filed before sentencing and the trial court must rule on the motion at sentencing. See § 943.04354(2). For a defendant who committed an offense before July 1, 2007, there is no requirement that the motion be filed before sentencing. See § 943.04354(3)....

...fficient or unauthorized. The trial court was required to deny this petition as a matter of law, not as an issue of discretion. If we were actually required to review this order for an abuse of discretion, we might have been obligated to reverse it. Section 943.04354 contains no explanation of the facts a trial court must consider in ruling on a motion filed under it....

...whether there is any logic or justification for the result. In the future, almost all of these issues will be resolved at sentencing with an attorney representing the defendant. We are optimistic that records of discretionary decisions made under subsection 943.04354(2) will be more transparent and easier to review for an abuse of discretion than is the order in this case....

...However, we remand with directions that an amended judgment be entered to correct two clerical errors. First, the judgment reflects that it is a “VOP” 2 judgment. This was not a VOP case, so the reference to VOP is to be deleted. Second, the judgment should reflect the correct statutory citation of section 943.0435(3)(a), Florida Statutes. AFFIRMED; REMANDED with directions. LAMBERT, C.J., and EDWARDS, J., concur. EISNAUGLE, J., concurs in part, dissents in part, with opinion. 1 Anders v....

...k 2 special marking appear on the driver licenses and identification cards that the State issues to persons with a history of certain sex offenses. For sexual offenders, licenses and cards must bear the marking, “943.0435, F.S.”—a reference to Florida’s sexual-offender registration statute. See §§ 322.141(3)(b), 943.0435, Fla....

...367 F. Supp. 3d at 1318 (“An offender’s driver’s license is branded with ‘CRIMINAL SEX OFFENDER’ in bold, red letters.”); see also Marshall, 367 F. Supp. 3d at 1327 n.4 (“Florida divides offenders into categories: most have a code (‘943.0435, F.S.’) on their ID, while a ‘sexual predator’ label is used for the most serious offenders.”). 39 2, https://www.newadvent.org/summa/2090.htm (“[E]very law is ordained to the common good.”)....

...card allows for the identification of sexual predators and sexual offenders with a blue identifier on the bottom right of the front of the card. Sexual predators will have ‘Sexual Predator’ spelled out on the card, while sexual offenders have ‘943.0435, F.S.’ listed in this area.” See Florida’s NEW Driver License and ID Card, Florida Highway Safety and Motor Vehicles, https://www.flhsmv.gov/driver-licenses-id-cards/newdl/ (last visited June 7, 2024)....

...than a Florida ID card, references to the former will generally 64 PREDATOR” designation, not the sexual offender designation; the latter—as indicated—uses only the number of the sexual offender statute, “section 943.0435,” rather than a phrase such as “SEXUAL OFFENDER,” or the like....

...By way of background, Owens is a sex offender and as such is required to report in person and update his address with the sheriffs office and the Department of Motor Vehicles (“DMV”) within forty-eight hours of any change in his permanent or temporary residence. § 943.0435(4)(a), Fla....

...However, Owens was unable to timely update his address with the DMV because he could not provide sufficient documentation of his new address. Based upon these facts, Owens was charged and tried for failure of a sex offender to renew his driver’s license or identification card in violation of section 943.0435(4)(a), Florida Statutes (2008)....

...“ ‘actual knowledge of the duty to register or proof of the probability of such knowledge’”). Here, the court essentially instructed the jury that by failing to successfully register with the DMV, Owens “knowingly” failed to comply with section 943.0435(4)(a)....

...In 1999 appellant entered a plea to two counts of lewd and lascivious conduct in violation of section 800.04(4) and was sentenced to 2 years of community control and 8 years of probation, with formal adjudication of conviction being withheld. On the day of his conviction, section 943.0435(11) required all persons convicted of offenses under section 800.04(4) to register as a sexual offender "unless the sexual offender has had [e.s.] his or her civil rights restored." [1] The statute allowed an offender who has been re...

...civil rights. As he never lost his civil rights, he argues, he should be treated like the offender who *1208 "has had [e.s.] his ... civil rights restored." He is mistaken. As we have just shown, when appellant was sentenced in 1999 the right under section 943.0435(11) to be relieved of registration specified that it accrued only when the offender "has had his civil rights restored." As written, the statute requires first that the offender had previously lost his civil rights and then later had them restored....

...Instead the statute requires that the adjudication withheld offenders live without blemish of even an arrest for a specified term before they can petition a court to relieve them of the registration requirement. In 1998 when the Legislature enacted section 943.0435, pardons and a restoration of civil rights for convicted sexual offenders were hardly routine....

...On the other hand, for those with an adjudication withheld and their civil rights continuously intact, the offender would be required to demonstrate a specific period of good behavior to a Judge to have registration terminated. We conclude that, with rational basis and purpose, this plain meaning of section 943.0435 intentionally treats the two classes of offenders differently. Affirmed. SHAHOOD, C.J., TAYLOR, J., and LEVIN, STEVEN J., Associate Judge, concur. NOTES [1] See Ch. 98-81, § 7, Laws of Fla. [2] See § 943.0435(1)(b), Fla....

...Therefore, we 1 See Anders v. California, 386 U.S. 738 (1967). 2 affirm Fusco’s judgment and sentence but remand with instructions to amend the order finding Fusco a sexual offender to reflect the proper statute— section 943.0435, Florida Statutes (2019). AFFIRMED AND REMANDED. COHEN, WALLIS and EDWARDS, JJ., concur. 3 

...of Criminal Defense Lawyers (FACDL) regarding the proposed amendments to instructions 11.14, 11.14(d), and 11.15(g). In its comment, FACDL argued that instruction 11.14 should not be amended to include new paragraph 3(f) because the statute upon which the paragraph is based—section 943.0435(2)(c), Florida Statutes (2015)—is unconstitutional in that it “violates the non-delegation doctrine, -3- is void for vagueness, and represents a deprivation of the due process of law.�...

...and authorize them for publication and use. We also authorize new instructions 11.14(i) and 11.15(m), as proposed by the Committee, for publication and use. In so doing, we note that the issues raised by FACDL regarding the constitutionality of section 943.0435(2)(c), Florida Statutes, are beyond the scope of these proceedings. To date, no court has expressly addressed the constitutional issues raised by FACDL regarding the current version of section 943.0435(2)(c), Florida Statutes, and we decline to use the instant proceedings authorizing the publication and use of standard jury instructions as the basis for addressing such issues....

... Appendix 11.14 FAILURE BY A SEXUAL OFFENDER TO COMPLY WITH REGISTRATION REQUIREMENTS (Initially Register, Report, or Provide Registration Items) § 943.0435(2)(a)–(bc), Fla....

...3d 1204], and 2016. 11.14(a) FAILURE BY A SEXUAL OFFENDER TO COMPLY WITH REGISTRATION REQUIREMENTS (Failure to Comply with Registration of a Residence, Motor Vehicle, Trailer, Mobile Home, Manufactured Home, Vessel, or Houseboat) § 943.0435(2)(b)1., Fla....

...WITH REGISTRATION REQUIREMENTS (Failure to Comply with Registration of [Employment] or [Enrollment] [Volunteering] [Carrying on a Vocation] at an Institution of Higher Learning) § 943.0435(2)(b)2., Fla....

...3d 1090], and 2014 [148 So. 3d 1204], and 2016. 11.14(c) FAILURE BY A SEXUAL OFFENDER TO COMPLY WITH REGISTRATION REQUIREMENTS. (Failure to Report to Department of Highway Safety and Motor Vehicles) § 943.0435(3), Fla....

...ilty. Definitions. See instruction 11.14(h) for the applicable definitions. Lesser Included Offenses No lesser included offenses have been identified. Comments § 943.0435(3), Fla....

...3d 1204], and 2016. 11.14(d) FAILURE BY A SEXUAL OFFENDER TO COMPLY WITH REGISTRATION REQUIREMENTS (Failure to Report Change of Name or Address within the State or Jurisdiction) § 943.0435(4), Fla....

...See instruction 11.14(h) for the applicable definitions. Lesser Included Offenses No lesser included offenses have been identified. - 21 -  Comments § 943.0435(4)(a), Fla....

...3d 1204], and 2016. 11.14(e) FAILURE BY A SEXUAL OFFENDER TO COMPLY WITH REGISTRATION REQUIREMENTS (Failure to Report Change of Residence to Another State or Jurisdiction or Country) § 943.0435(7), Fla....

... 11.14(g) FAILURE BY A SEXUAL OFFENDER TO COMPLY WITH REGISTRATION REQUIREMENTS (Failure to Report Twice a Year/Failure to Report Quarterly/Providing False Information) § 943.0435(14)(a) or (b), Fla. Stat. Give this statement if the charge is failure to report twice a year during the sexual offender’s birthday month and six months later pursuant to § 943.0435(14)(a), Fla. Stat., or, for certain specified violators, failure to report during the sexual offender’s birthday month and every third month thereafter pursuant to § 943.0435(14)(b), Fla. Stat. To prove the crime of Failure by a Sexual Offender to Comply with Registration Requirements, the State must prove the following three elements beyond a reasonable doubt: Give 1a or 1b as applicable if § 943.0435(14)(a), Fla....

...has agreed or stipulated that [he] [she] has been convicted as a sexual offender; therefore, you should consider the sexual offender status element as proven by agreement of the parties. Give 1c or 1d as applicable if § 943.0435(14)(b), Fla. Stat., is charged. c. is a sexual offender and is required to report and reregister as a result of a conviction for (insert relevant factor in § 943.0435(14)(b)1.–(14)(b)10., Fla....

...See instruction 11.14(h) for the applicable definitions. Lesser Included Offenses No lesser included offenses have been identified for this offense. Comments This instruction covers some of the ways a defendant can violate § 943.0435(14), Fla....

...8 [983 So. 2d 531] and amended in 2012 [85 So. 3d 1090], 2013 [113 So. 3d 754], and 2014 [140 So. 3d 1204], and 2016. - 28 -  11.14(h) SEXUAL OFFENDER DEFINITIONS § 943.0435(1), Fla. Stat. Definitions. “Sexual offender” means a person who (Insert the appropriate criteria specified by § 943.0435(1)), Fla....

...Stat. “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 juvenile, military, federal and out of state convictions see § 943.0435(1), Fla....

...3d 754], and 2016. - 30 -  11.14(i) FAILURE BY A SEXUAL OFFENDER TO COMPLY WITH REGISTRATION REQUIREMENTS (Failure to Report Every 30 Days for Transient Residences) § 943.0435(4)(b)2. and § 943.0435(4)(d), Fla....

...stantially the following question: What are the registration requirements for a sexual offender moving from one residence to another within the State of Florida? In sum: The Florida Department of Law Enforcement has determined that the provisions of section 943.0435 , Florida Statutes, require that a sexual offender register initially with both law enforcement (either the sheriff or FDLE) and the Department of Highway Safety and Motor Vehicles and, thereafter, only with DHSMV upon establishing a new Florida residence. You have received several interpretations of the provisions of section 943.0435 , Florida Statutes, requiring the registration of sexual offenders and, as the Sheriff of Okaloosa County, you have requested guidance in applying this statute....

...For purposes of subparagraph 1., a sanction imposed in this state or in any other jurisdiction includes, but is not limited to, a fine, probation, community control, parole, conditional release, control release, or incarceration in a state prison, federal prison, private correctional facility, or local detention facility." 2 Section 943.0435 (2), Florida Statutes, provides "A sexual offender shall report in person at an office of the department [Florida Department of Law Enforcement], or at the sheriff's office in the county in which the offender establishes or maintains...

...odges, or resides, for 14 or more consecutive days." 4 A "[t]emporary residence" is a place where a person lodges or resides for a period of 14 or more days in the aggregate during any calendar year but which is not the person's permanent address. 5 Section 943.0435 (3), Florida Statutes, requires that a sexual offender report to the Department of Highway Safety and Motor Vehicles (DHSMV) within 48 hours of registering with the sheriff or FDLE in order to secure or renew a Florida driver's license or identification card....

...ontrary. 7 Thus, the interpretation of these statutes by FDLE is controlling in the absence of evidence to the contrary. Sincerely, Robert A. Butterworth Attorney General RAB/tgh 1 Section 943.01 , Fla. Stat., provides the short title for the act. 2 Section 943.0435 (1)(a)1. and 2., Fla. Stat. 3 Section 943.0435 (2), Fla. Stat. 4 See, ss. 943.0435 (1)(c) and 775.21 (2)(f), Fla. Stat. 5 Sections 943.0435 (1)(c) and 775.21 (2)(g), Fla....

SHARP, W., J. The state appeals from an order which dismissed the charge of failing to register as a convicted sex offender 1 filed against Earwood. This appeal involves the same issue, the interpretation of the sexual offender registration statute, section 943.0435, Florida Statutes, which was addressed in State v. Mounce, 866 So.2d 132 (Fla. 5th DCA 2004). Accordingly, we reverse and remand this case for further proceedings, pursuant to Mounce . REVERSED and REMANDED. GRIFFIN and MONACO, JJ„ concur. . § 943.0435(2), Fla....

LENDERMAN, JOHN C„ Associate Senior Judge. Paul Hughbanks appeals his judgment and sentence for failing to properly register as ‘ a sexual offender in violation of section 943.0435, Florida Statutes (2013)....

...3). Hugh-banks alleges that he could not update his license .because he was unable to afford the renewal fee required by the Department of Highway Safety and Motor Vehicles. During the plea hearing, Hughbanks’ counsel informed the trial court that section 943.0435 may be unconstitutional as applied to indigent registrants....

...Appellant entered a no contest plea to the reduced charge and the court sentenced him to sixty-four months in prison. Fourteen years later, Appellant filed a petition with the trial court seeking removal of the requirement to register as a sexual offender. As required by section 943.04354, Florida Statutes (commonly referred to as the Romeo and Juliet statute), Appellant alleged that removal of the registration requirement would not conflict with federal law. See § 943.04354(3)(b), Fla....

...t (“PSI”), which does not appear in the record. The trial court’s decision on a petition for removal of the sexual offender registration requirement is reviewed for an abuse of discretion. Clark v. State, 95 So.3d 986 (Fla. 2d DCA 2012). Under section 943.0435, a defendant convicted of violating section 800.04 is automatically designated a sexual offender and required to comply with the registration requirements of the statute. Simmons v. State, 25 So.3d 638, 638 (Fla. 1st DCA 2009); Miller v. State, 17 So.3d 778, 779-80 (Fla. 5th DCA 2009). However, section 943.04354 permits a defendant to petition for removal of the registration requirement if the defendant satisfies the statutory criteria....

...Appellant argues that the court’s finding that his sexual conduct with the victim was not consensual is not supported by competent, substantial evidence because the PSI constituted hearsay and lacked corroborating evidence. We agree. The language of section 943.04354(3)(b), Florida Statutes (2011), suggests that a hearing should be held: (b) A person may petition the court in which the sentence or disposition for the violation of ......

...Nor did Appellant have an opportunity to dispute its contents. The State alternatively argues that the trial court’s ruling should be affirmed because the court has discretion to deny a request for removal even where a defendant demonstrates that he meets all of the statutory criteria. § 943.04354(3)(b), Fla....

PER CURIAM. Appellant argues the trial court erred in declaring appellant to be a sex offender and rejecting his argument that section 943.0435, Florida Statutes (1998), which requires the registration of “sex offenders,” is unconstitutional 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....

...Because the State charged Appellant with violating a statute that does not apply to him, the conviction must be reversed. The State filed an information charging Appellant with failure of a sexual offender to report a change in residence pursuant to subsections 943.0485(4) and 943.0435(9), Florida Statutes (2004). It is undisputed, however, that, although Appellant is a sexual offender, he is also a sexual predator. Because section 943.0435, by its express terms, “does not apply to a sexual offender who is also a sexual predator,” Appellant cannot be convicted of the crime with which he was charged, and the trial court erred when it denied Appellant’s motion for judgment of acquittal. § 943.0435(5), Fla....

...Thus, the trial court erred in designating Watkins a sexual predator because he does not qualify for such a designation under the plain language of the Act. Although conceding error, the State urges that we remand with instructions that Appellant be designated a sexual offender pursuant to section 943.0435, Florida Statutes....

...However, he was arrested on August 8, 1997, pursuant to a warrant issued August 1, 1997, for violating the terms of the conditional release. He was finally released on November 13, 1997. On December 14, 2005, he was arrested for failure to register as a sexual offender. The governing statute, section 943.0435(1), Florida Statutes (2005), provides in part: (a) Sexual offender means a person who: 1....

...in the following statutes in this state or similar offenses in another jurisdiction:... s. 800.04 ... and. ... 2. Has been released on or after October 1, 1997, from the sanction imposed for any conviction of an offense described in subparagraph 1. § 943.0435(1)(a)(1)-(2) (emphasis added)....

...5th DCA 2004), involving a direct appeal from a conviction for failing to register as a sexual offender, might suggest a different result in the present case. However, we find Newsom to be distinguishable. In Newsom, the defendant was charged with violating the requirements of section 943.0435, Florida Statutes (1998), and he filed a motion to dismiss, arguing that the statute did not apply to him because, but for an illegal sentence, he would have been released from prison prior to the enactment of section 943.0435....