ROBERT SEITZ, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the stalking statute does not require direct or indirect contact with the victim, and that probation can be revoked for violations occurring during the probationary period, even if the specific term of probation had not yet commenced.
[1] The offense of stalking does not require direct or indirect contact with the victim.
[2] A course of conduct, for purposes of the stalking statute, is a pattern of conduct composed of a series of acts over a period of time evidencing a continuity of purpose.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceRobert Seitz was placed on probation for misdemeanor offenses, including stalking. The state filed an affidavit alleging Seitz violated probation by s…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Harassment Definition cases and more on FLexlaw
FLETCHER, Judge.
Robert Seitz appeals an order revoking his probation. We affirm.
In December 2001, Robert Seitz pled no contest to five misdemeanor counts: battery, stalking, and several violations of a previously entered injunction protecting against repeat violence. Seitz was placed on probation,1 which included a special condition that Seitz comply with the injunction. In November 2002, the state filed an affidavit of violation of probation which alleged that Seitz engaged in stalking his victim by harassment,2 which included publicly publishing and disseminating pharmaceutical records of the victim to various persons in Dade County. The affidavit claimed such action served no legitimate purpose and caused Seitz’ victim to suffer emotional distress. After hearing arguments and evidence from both parties, the trial court revoked Seitz’ probation and sentenced him to four years in jail.
Seitz contends first that because he did not have any direct or indirect contact with the victim, the trial court abused its discretion by finding him guilty of stalking. He argues that the stalking statute is intended to govern conduct that falls just short of assault and battery, but which involves dangerous contact between stalker and victim. Here, he argues, the record is clear that there was no such contact.
Second, Seitz argues that the trial court’s application of the stalking statute to him is a due process violation as nothing in the statute gives notice that his behavior would be considered a violation of the statute. He argues that it is unconstitutional to apply a statute to a person in a manner so vague and broad that a person of common intelligence must guess at its meaning, or speculate whether his/her behavior will subject him/her to prosecution under that statute.
Third, Seitz argues that the court had no jurisdiction to revoke the three consecutive probation terms that had not yet commenced.3 Seitz contends that he could not have violated terms of probation that had not yet begun to run.
Contrary to Seitz’ first argument, section 784.048, Florida Statutes (2001) does not require contact, direct or indirect, with the victim. It provides in subparagraph (2): “Any person who willfully, maliciously and repeatedly follows or harasses another person commits the offense of stalking....”
“Harass” is defined in subparagraph (l)(a):
“ ‘Harass’ means to engage in a course of conduct directed at a specific person that causes substantial emotional distress in such person and serves no legitimate purpose.”
Subparagraph (l)(b) defines “course of conduct” as:
“[A] pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose. Constitutionally protected activity is not included within the meaning of ‘course of conduct’.... ”
The statute does not require contact, direct or indirect, as a part of the offense of stalking, thus we reject Seitz’ first argument.
As to Seitz’ second (constitutional) contentions, these have previously been rejected. See Bouters v. State, 659 So. 2d 235 (Fla.1995) and Pallas v. State, 636 So. 2d 1358 (Fla. 3d DCA 1994), rev. granted & decision approved, 654 So. 2d 127 (Fla.1995). Further analysis would serve no purpose.
Seitz bases his third argument (lack of jurisdiction) principally on State v. Hall, 641 So. 2d 403 (Fla.1994), wherein the supreme court was answering the certified question:
“Whether the trial court could consider new charges in an amended affidavit of probation violation where the original affidavit was timely filed, but the amended affidavit was not filed until after the probationary period had expired because the defendant committed the alleged violation at, or near, the end of his probation period?”
The supreme court answered the question in the negative, reaffirming the longstanding rule that a court is divested of jurisdiction upon expiration of the probationary period. None of Seitz’ four consecutive probationary periods had expired prior to the process of revocation having been set in motion.
Seitz further argues that section 948.06, Florida Statutes requires that probation violations must have occurred “within the period of probation” for revocation to be available. Seitz interprets “within the period of probation” to mean within that time period between commencement of an individual consecutive probation period until that individual period’s termination. However, it is settled that the trial court is free to revoke probation at any time for misconduct that demonstrates the probationer’s unfitness for probation as a sentencing alternative. Stafford v. State, 455 So. 2d 385, 386 (Fla.1984); see also Cason v. State, 604 So. 2d 928, 929 (Fla. 3d DCA 1992); Martin v. State, 243 So. 2d 189, 190-91 (Fla. 4th DCA 1971); Williamson v. State, 388 So. 2d 1345, 1347-48 (Fla. 3d DCA 1980). Thus it was permissible to revoke the consecutive terms which had not yet commenced.
The order revoking Seitz’ probation is affirmed.
. Four consecutive terms of probation of 364 days each.
. A violation of section 784.048, Florida Statutes (2001).
.The warrant for his arrest was issued on November 25, 2002, shortly before he would have completed the first year of probation.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Micah Jones v. Jackson, 67 So. 3d 1203 (Fla. 2d DCA 2011)…. Jones’s direct threats did not amount to harassment. Mr. Jackson also testified that Mr. Jones made statements to third parties suggesting he would do violence to Mr. Jackson. Indirect contact can constitute harassment. See, e.g., Seitz v. State, 867 So. 2d 421, 422-23 (Fla. 3d DCA 2004) (publicizing of victim’s pharmaceutical records caused emotional distress and constituted harassment). But, like the direct threats in this case, these statements would not have caused a reasonable person in Mr. Jones’s pl…
-
Libersat v. State, 305 So. 3d 766 (Fla. 1st DCA 2020)…ns until Gilley told her about them months later. We reject both arguments. As to his claim that he did not harass E.L. because there was no contact, at least one appellate court in Florida has already rejected a similar argument. In Seitz v. State, 867 So. 2d 421 (Fla. 3d DCA 2004), the State alleged that the defendant stalked the victim by “publishing and disseminating pharmaceutical records of the victim to various persons. . . .” Id. at 422. The defendant argued that he did not stalk the victim because he…
-
Genovese v. State, 250 So. 3d 15 (Fla. 2d DCA 2018)…. 2d 1017 (Fla. 1980); Genovese v. State, 226 So. 3d 291 (Fla. 2d DCA 2017); Mearns v. State, 779 So. 2d 282 (Fla. 2d DCA 1998); Harris v. State, 777 So. 2d 994 (Fla. 2d DCA 2000); Russell v. State, 487 So. 2d 366 (Fla. 2d DCA 1986); Seitz v. State, 867 So. 2d 421 (Fla. 3d DCA 2004). CASANUEVA, LUCAS, and BADALAMENTI, JJ., Concur.…
Authorities Cited
- Bouters v. State, 659 So. 2d 235 (Fla. 1995)
- Shadrick A. Martin, Jr. v. State, 243 So. 2d 189 (Fla. 4th DCA 1971)
- State v. Hall, 641 So. 2d 403 (Fla. 1994)
- Pallas v. State, 636 So. 2d 1358 (Fla. 3d DCA 1994)
- Vendul Oliver Stafford v. State, 455 So. 2d 385 (Fla. 1984)
- Williamson v. State, 388 So. 2d 1345 (Fla. 3d DCA 1980)
- Pallas v. State, 654 So. 2d 127 (Fla. 1995)
- Cason v. State, 604 So. 2d 928 (Fla. 3d DCA 1992)