CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2010 WL 3783340
...about the proper 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....
...egister as sex 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 ......
...who is under the supervision of the department but who is not committed" to "register with the department within 3 business days after adjudication and disposition for a registrable offense and otherwise provide information as required by this subsection." Under section 985.4815(1)(d), "[s]exual 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 ......
...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....
...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. The term "convicted" is used in section 985.4815 only to provide certain instructions to "[t]he clerk of the court that adjudicated and entered a disposition regarding the sexual offender for the offense or offenses for which he or she was convicted." § 985.4815(2) (emphasis added)....
...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....
...is only used in the provision giving instructions to the clerk for providing notification to the Department and the Florida Department of Law Enforcement concerning sexual offenders, and even in that context, the language refers to adjudication. See § 985.4815(2) (giving instructions to the clerk of the court that "adjudicated and entered a disposition regarding the sexual offender for the offense or offenses for which he or she was convicted")....
...withheld" at 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....
...judication of guilt in an adult case. Regardless of whether an adjudication or a withhold of adjudication is at issue, the purposes and procedures of the juvenile justice system are still different from those of the adult criminal justice system. In section 985.481(2), the Legislature expressed its intent with regard to juveniles who commit sexual offenses as follows: The Legislature finds that certain juvenile sexual offenders pose a high risk of engaging in sexual offenses even after being rel...
...ation of government. Releasing sexual offender information to law enforcement agencies, to persons who request such 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 o...
CopyPublished | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 14532
...about the proper 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....
...egister as sex 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 ......
...who is under the supervision of the department but who is not committed” to “register with the department within 3 business days after adjudication and disposition for a registrable offense and otherwise provide information as required by this subsection.” Under section 985.4815(l)(d), “[sjexual 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 ......
...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....
...t 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. The term “convicted” is used in section 985.4815 only to provide certain instructions to “[t]he clerk of the court that adjudicated and entered a disposition regarding the sexual offender for the offense or offenses for which he or she was convicted.” § 985.4815(2) (emphasis added)....
...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....
...is only used in the provision giving instructions to the clerk for providing notification to the Department and the Florida Department of Law Enforcement concerning sexual offenders, and even in that context, the language refers to adjudication. See § 985.4815(2) (giving instructions to the clerk of the court that “adjudicated and entered a disposition regarding the sexual offender for the offense or offenses for which he or she was convicted”)....
... at 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....
...judication of guilt in an adult case. Regardless of whether an adjudication or a withhold of adjudication is at issue, the purposes and procedures of the juvenile justice system are still different from those of the adult criminal justice system. In section 985.481(2), the Legislature expressed its intent with regard to juveniles who commit sexual offenses as follows: The Legislature finds that certain juvenile sexual offenders pose a high risk of engaging in sexual offenses even after being rel...
...ation of government. Releasing sexual offender information to law enforcement agencies, to persons who request such 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...
