CHRISTOPHER SIMMONS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Florida appellate court reversed the trial court's denial of Simmons' petition to remove sexual offender registration requirements, holding that adjudication of guilt for violating section 800.04 does not automatically disqualify a defendant from seeking removal under section 943.04354.
A defendant adjudicated guilty of violating section 800.04 is not automatically ineligible for removal from the sex offender registry under section 943.04354 and must be allowed to petition for relief if other statutory criteria are satisfied.
[1] A defendant adjudicated guilty of violating section 800.04, Florida Statutes, is not automatically ineligible for removal from the sex offender registry under section 943…
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Join FLexlaw to unlock all legal intelligenceChristopher Simmons was adjudicated guilty of violating section 800.04, Florida Statutes, and was required to register as a sexual offender. He filed …
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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(l)(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. Miller v. State, 17 So.3d 778, 780 (Fla. 5th DCA 2009). Here, the trial court erroneously concluded Simmons was not entitled to relief because he had been adjudicated guilty of violating section 800.04 and did not consider the other requirements of the statute. Accordingly, we must reverse for further proceedings. Upon remand, should an evidentiary hearing be held, Simmons should be given an *639opportunity to participate. Scott v. State, 717 So.2d 908, 912 (Fla.1998).
REVERSED and REMANDED.
BARFIELD, VAN NORTWICK, and CLARK, JJ., concur.
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Citator
Cited By
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Matos v. State, 111 So. 3d 964 (Fla. 5th DCA 2013)…te, 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. Miller, 1…
Authorities Cited
- Scott v. State, 717 So. 2d 908 (Fla. 1998)
- Miller v. State, 17 So. 3d 778 (Fla. 5th DCA 2009)