PAUL RICKMAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court affirmed that Florida's Sexual Predators Act registration requirements and 1997 amendments are procedural and regulatory, not punitive, and therefore do not violate ex post facto or double jeopardy protections.
Registration requirements under Florida's Sexual Predators Act and its 1997 amendments are procedural and regulatory in nature and do not constitute ex post facto punishment or violate double jeopardy.
[1] Registration requirements under the Sexual Predators Act and amendments requiring internet posting and identification updates are procedural and regulatory rather than pu…
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Join FLexlaw to unlock all legal intelligenceRickman was required to register as a sexual predator under Florida law following a second conviction for unlawful sexual acts.…
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PER CURIAM.
Appellant was required to register under the Florida Sexual Predators Act, Sec. 775.21, F.S. (Supp.1996), after an earlier second conviction for unlawful sexual acts. He contends that this requirement, as well as the additional requirements of the amendments to that statute in 1997 (sec.775.21, F.S.(1997)) constitute ex post facto punishment as well as double jeopardy. This court has previously held that the registration requirement of sec. 775.21, F.S. (Supp.1996) are procedural and regulatory in nature and do not constitute punishment. Fletcher v. State, 699 So. 2d 346 (Fla. 5th DCA 1997), rev. denied, 707 So. 2d 1124 (Fla.1998). So, too, are the 1997 amendments which require law enforcement agencies to post the names and addresses of sexual predators on the internet, regulatory and procedural in nature. The requirement that registered sexual predators secure new driver’s licenses or identification cards within 10 days of a change of address and to pay the cost thereof do not constitute an ex post facto imposition of costs, for the reason that all holders of driver’s licenses are subject to the same regulatory requirements. Sec. 322.19(2), F.S. (1997).