KEVIN PAUL, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The appellate court affirmed the trial court's denial of a motion to dismiss, holding that Florida could exercise criminal jurisdiction over a crime committed on a cruise ship in international waters. The court found that the "effects doctrine" justified jurisdiction because the ship's itinerary, with most passengers embarking and disembarking in Florida, meant that unprosecuted crimes could significantly affect Florida's tourism industry.
No, Florida's exercise of criminal jurisdiction is constitutional under the "effects doctrine." The court held that the distinction between revenue passengers and crewmembers is irrelevant for determining the "effects" on Florida's tourism industry, and unprosecuted crimes on such ships can significantly impact the state's economy.
[1] Florida has criminal jurisdiction over acts occurring on board a ship outside its territory if over half of the revenue passengers on board originally embarked and plan t…
[2] A state's exercise of extraterritorial criminal jurisdiction under the effects doctrine is reasonable if it does not conflict with federal law and is a reasonable applica…
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Join FLexlaw to unlock all legal intelligence“Pursuant to section 910.006(3)(d), Florida has criminal jurisdiction over acts taking place on board a ship outside pf Florida’s territory where “[t]he act or omission occurs during a voyage on which over half of the revenue passengers on board the ship originally embarked and plan to finally disembark in this state, without regard to intermediate stopovers.””
This quote establishes the statutory basis for Florida's exercise of criminal jurisdiction over acts on ships.
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Join FLexlaw to unlock all legal intelligenceThe defendant, a crewmember on a cruise ship, attempted to commit a sexual battery against a fellow crewmember while the ship was in international wat…
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Kevin Paul (“the defendant”) appeals the trial court’s entry of an order denying his motion to dismiss for lack of jurisdiction, wherein the trial court determined that jurisdiction was justified based on the effect of the defendant’s conduct in Florida. Because we find that the State of Florida properly and reasonably exercised jurisdiction, we affirm.
BACKGROUND
The defendant, a crewmember aboard the Norwegian Pearl, attempted to commit a sexual battery against á fellow crew-member (“the victim”) while the Norwegian Pearl was in international waters. The defendant is a citizen of Grenada, and the *1182victim is a citizen of Nicaragua. Neither the defendant nor the victim are Florida residents. The Norwegian Pearl flies under the Bahamian flag..Norwegian Cruise Line Holdings, Ltd., owns the Norwegian Pearl and is a Bermudian company, but the company’s headquarters is in Miami, Florida. The Norwegian Pearl departed from Miami and returned to Miami, and nearly all of the revenue passengers embarked and disembarked in Miami.
After the attempted sexual battery was reported, the defendant was taken into custody by the ship’s Captain (master of the ship) and confined to the brig on the Norwegian Pearl until the ship returned to Miami, Upon its return to Miami, Miami-Dade law enforcement was contacted, and Miami-Dade police subsequently took the defendant into custody. The State of Florida, charged the defendant by information with battery, attempted sexual battery, and false imprisonment.
The defendant filed a motion to dismiss the charges brought by the State for lack of subject matter jurisdiction. The trial court denied the motion based on its determination that Florida’s exercise of jurisdiction under section 910.006(3)(d), Florida Statutes (2016), was appropriate and justified based on the effect of the defendant’s criminal conduct in Florida. Thereafter, the defendant pled guilty to one count of attempted sexual battery without serious personal injury, reserving his right to appeal the order denying his motion to dismiss. The defendant’s appeal followed.
ANALYSIS
Whether a court has subject matter jurisdiction is a question of law, which we review de novo. Mobley v. State, 197 So.3d 572, 574 (Fla. 4th DCA 2016); Nissen v. Cortez Moreno, 10 So.3d 1110, 1111 (Fla. 3d DCA 2009).
Pursuant to section 910.006(3)(d), Florida has criminal jurisdiction over acts taking place on board a ship outside pf Florida’s territory where “[t]he act or omission occurs during a voyage on which over half of the revenue passengers on board the ship originally embarked and plan to finally disembark in this state, without regard to intermediate stopovers.” In the instant case, it is undisputed that over half of the Norwegian Pearl’s revenue passengers embarked from and disembarked in' Miami, Florida. In fact, 2,885 of the 2,888 revenue passengers aboard the Norwegian Pearl embarked and disembarked in Miami. Therefore, it is clear that section 910.006(3)(d) extends jurisdiction over the defendant’s conduct.
Although the defendant concedes as much, the defendant contends that Florida’s exercise of jurisdiction under this statute is nevertheless unconstitutional as applied to the defendant because the specific exercise of jurisdiction in this case falls outside' of Florida’s traditional police powers. On the other hand', the State contends that the exercise of jurisdiction in this case does fall within Florida’s traditional police powers pursuant to the “effects doctrine,” which refers to a state’s sovereign authority to punish a criminal act occurring outside of the territory of the state if the act has a significant effect within the state. See State v. Stepansky, 761 So.2d 1027, 1035-36 (Fla. 2000) (stating that an extraterritorial exercise of criminal jurisdiction may fall within Florida’s traditional police powers pursuant to the “effects doctrine” so long as it (1) “does not conflict with federal law” and (2) “is a reasonable application of the effects doctrine”).
Thus, the specific and narrow issue in this appeal is whether the effects doctrine was reasonably applied in this ease.1 The *1183defendant also concedes that if a revenue passenger was involved in the crime, then Florida would have jurisdiction pursuant to the effects doctrine because the criminal conduct could, if left unprosecuted, affect Florida’s cruise-reliant tourism economy. The defendant’s argument in this appeal is that it is unreasonable to conclude that his criminal conduct in international waters will have a significant effect on Florida’s tourism industry because the crime .involved only foreign crewmembers, which the defendant contends does not involve or pose a threat to revenue passengers. In other words, the defendant contends that even if a sexual assault between crewmem-bers were to go unprosecuted, Florida’s tourism economy would not be significantly affected. We reject the defendant’s argument because we find the distinction between working passengers and revenue passengers on board cruise ships to be entirely without merit. '
Both the Florida Supreme ■ Court and the Florida Legislature have recognized Florida’s interest in protecting all persons who travel on cruise ships departing from and returning to Florida. The Legislature has not limited its intent to revenue passengers. See §§ 910.006(l)(a-b) (stating that “[t]he State of Florida is a major center for international travel and trade by sea,” and that “[tjhe state has an interest in ensuring the protection of persons traveling to or from Florida by sea”); Stepansky, 761 So.2d at 1036 (citing United States v. Roberts, 1 F.Supp.2d 601, 607-08 (E.D. La. 1998) (emphasis added); United States v. Pizdrint, 983 F.Supp. 1110, 1112-13 (M.D. Fla. 1997)). As the Florida Supreme ‘ Court specifically noted in Stepansky, “Florida’s tourism industry could be significantly affected if crimes that occur on board cruise ships where a majority of the fare-paying passengers embark and disembark in Florida were to go unprosecuted.” Stepansky, 761 So.2d at 1036. The Florida Supreme Court did not limit its holding to the status of those involved in the criminal incident. Indeed, the defendant has not pointed to any case in Florida that distinguishes ' between crewmembers and passengers for the purpose of determining whether Florida may exercise jurisdiction. The threat that un-prosecuted cruise-ship crimes pose to Florida’s tourism industry is not somehow lessened by the fortuitous fact that the defendant chose to attack a fellow crewmem-ber (working passenger) instead of a revenue passenger. Accordingly, we find, based on the facts of this case, that the effects doctrine is a reasonable and proper basis for exercising jurisdiction in Florida.2
CONCLUSION
In short, nothing in the record suggests that the application of the effects doctrine would be unreasonable in this case. Accordingly, because Florida has the sovereign authority to exercise criminal jurisdiction based on section 910.006(3)(d) and the effects doctrine, we conclude that the trial court properly denied the defendant’s -motion to dismiss.
Affirmed.
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Meyer v. State (Fla. 3d DCA 2023)…circuit court lacked jurisdiction over his case and his conviction and sentence were void. The circuit court denied his motion. This appeal timely followed. Analysis We review whether a court has subject matter jurisdiction de novo. Paul v. State, 233 So. 3d 1181, 1182 (Fla. 3d DCA 2017). Generally, circuit courts have jurisdiction over felonies and county courts over misdemeanors. § 34.01, Fla. Stat. (2019); § 26.012, Fla. Stat. (2019). Meyer’s main argument is that section 775.022 provides for the retroac…
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- Mobley v. State, 197 So. 3d 572 (Fla. 4th DCA 2016)
- State v. Stepansky, 761 So. 2d 1027 (Fla. 2000)
- Annelise Nissen v. Moreno, 10 So. 3d 1110 (Fla. 3d DCA 2009)
- Garcia v. Int'l Bonded Courier & Emp'r's Ins. Co. of Wausau, 10 So. 3d 1110 (Fla. 1st DCA 2009)
- United States v. Pizdrint, 983 F. Supp. 1110 (M.D. Fla. 1997)