Summary
holding that the sexual predator statute was not a violation of the ex post facto clause nor Florida Rule of Criminal Procedure 3.800 because the designation was neither a sentence nor a punishment but merely a status resulting from the conviction
Summary of this case from Alvarez v. StateOpinion
Case No. 96-3075
Opinion filed September 26, 1997
Appeal from the Circuit Court for Hernando County, John W. Springstead, Judge.
James B. Gibson, Public Defender, and Brynn Newton, Assistant Public Defender, Daytona Beach, for Appellant.
Robert A Butterworth, Attorney General, Tallahassee, and Kellie A. Nielan, Assistant Attorney General, Daytona Beach, for Appellee.
All of the appellants had been separately convicted of various sex offenses prior to the enactment of the Florida Sexual Predators Act, section 775.21, Florida Statutes (Supp. 1996). Subsequent to enactment, the state invoked the provisions of subsection 775.21(4)(a)(2) to have the appellants classified as sexual predators. The appellants claim that: (1) section 775.21 violates the constitutional prohibition against the enactment of ex post facto laws and (2) the trial court had no jurisdiction to label them as sexual predators because the declaration modified their sentences more the 60 days after their imposition in violation of Florida Rule of Criminal Procedure 3.800.
The overriding purpose of the legislation designating certain individuals as "sexual predators" and requiring these individuals to register themselves is to protect the public from repeat sex offenders, sex offenders who use violence, and those who prey on children. See § 775.21(3), Fla. Stat. (Supp. 1996). Courts are almost universal in recognizing that registration requirements for sexual predators are designed to enable the public to protect itself from dangers posed by sexual predators who are widely regarded as having high risks of recidivism. These courts recognize that registration statutes are regulatory in nature and do not constitute punishment subject to constitutional ex post facto challenges. See Doe v. Portiz, 662 A.2d 367 (N.J. 1995); State v. Ward, 869 P.2d 1062 (Wash. 1994); State v. Noble, 829 P.2d 1217 (Ariz. 1992); People v. Adams, 581 N.E.2d 637 (Ill. 1991). Cf. Rowe v. Burton, 884 F. Supp. 1372(D. Alaska 1994) and In re Reed, 663 P.2d 216 (Cal. 1983). We hold that section 775.21 violates neither the ex post facto clause nor Rule 3.800 because the designation "sexual predator" is neither a sentence nor a punishment but simply a status resulting from the conviction of certain crimes.
AFFIRMED.
DAUKSCH and HARRIS, JJ., concur.