ALVIN WILLIAMS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Alvin Williams appealed his conviction, challenging whether Florida Rule of Criminal Procedure 3.040 (which extends deadlines falling on weekends or holidays) applies to sex offender registration requirements. The court affirmed, holding that the rule applies only to computed time periods, not to fixed registration deadlines tied to specific calendar dates.
Florida Rule of Criminal Procedure 3.040 does not apply to the reporting requirements of section 954.0435(14)(b) because the registration requirement does not involve a computation of time but rather specifies fixed dates—the offender's birthday month and every third month thereafter—making weekend/holiday extensions inapplicable.
[1] Florida Rule of Criminal Procedure 3.040, which extends a deadline falling on a Saturday, Sunday, or legal holiday, applies only to situations requiring the computation o…
[2] A statutory reporting requirement that mandates annual reregistration during specific months, rather than within a defined number of days, does not involve the computatio…
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Join FLexlaw to unlock all legal intelligence“the reporting requirement does not require a computation of time, but instead requires the defendant to "reregister each year during the month of the sexual offender's birthday and every third month thereafter."”
Establishes the nature of the registration requirement as a fixed calendar obligation rather than a computed time period.
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Join FLexlaw to unlock all legal intelligenceWilliams, a sex offender, is required under Florida Statute 954.0435(14)(b) to reregister each year during his birthday month and every third month th…
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Although we note that the defendant, Alvin Williams, has conscientiously reported for over ten years as required by section 954.0435(14)(b) of the Florida Statutes, we find that the trial court correctly concluded that Florida Rule of Criminal Procedure 3.040,1 which extends a deadline where the deadline falls on a Saturday, Sunday, or legal holiday, is not applicable to the reporting requirements set forth in section 954.0435(14)(b), as the reporting requirement does not require a computation of time, but instead requires the defendant to “reregister each year during the month of the sexual offender’s birthday and every third month thereafter.” See Violette v. P.A. Days, Inc., 427 F.3d 1015, 1019 (6th Cir.2005) (holding that the plain language of Rule 6(a) of the Federal Rules of Civil Procedure,2 which authorizes the extension of a deadline where the deadline expires on a Saturday, Sunday, or legal holiday, is limited “to situations where periods of time must be computed,” and therefore, class settlement opt-out forms that were postmarked on the first business day after the court-ordered Saturday deadline were not timely filed); Fleischhauer v. Feltner, 3 F.3d 148, 151 (6th Cir.1993) (“Computation under Rule 6(a), by its very nature, is only necessary when a court orders something to be done in a particular number of days,” and therefore, as the judge’s “order did not require the plaintiffs to file something within ten days, for example, but rather required the plaintiffs to file all documents the court was to consider by February 1, ... February 1 was a final deadline,” although February 1 fell on a Saturday).
Affirmed.