Rickman v. State, 97-3415
| Decision Date | 19 June 1998 |
| Docket Number | No. 97-3415,97-3415 |
| Parties | 23 Fla. L. Weekly D1504 Paul RICKMAN, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
James B. Gibson, Public Defender, and Nancy Ryan, Assistant Public Defender, Daytona Beach, for Appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Roberta J. Tylke, Assistant Attorney General, Daytona Beach, for Appellee.
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).
AFFIRMED.
To continue reading
Request your trial
-
Therrien v. State, 1D01-3403.
...DCA 2002) (rejecting appellant's argument that the Florida Sexual Predators Act imposes punishment ex post facto); Rickman v. State, 714 So.2d 538, 539 (Fla. 5th DCA 1998) (same); Collie v. State, 710 So.2d 1000, 1009-11 (Fla. 2d DCA 1998) (same). For a discussion of the procedural conseque......
-
Cabrera v. State, 5D03-2367.
...review denied, 851 So.2d 729 (Fla. 2003), and cert. denied, ___ U.S. ___, 124 S.Ct. 1442, 158 L.Ed.2d 103 (2004); Rickman v. State, 714 So.2d 538, 539 (Fla. 5th DCA 1998) ("This court has previously held that the registration requirement of sec. 775.21, F.S. (Supp.1996) are [sic] procedural......
-
Johnson v. State
...to its intended purposes of reducing incidences of sexual predatory behavior and protecting the public). See also Rickman v. State, 714 So.2d 538 (Fla. 5th DCA 1998) (Registration requirements of Florida Sexual Predators Act were procedural and regulatory in nature, and, therefore, did not ......
-
Tyler v. State , 2D08–2717.
...challenge based on procedural due process and privacy); Johnson v. State, 795 So.2d 82 (Fla. 5th DCA 2000); Rickman v. State, 714 So.2d 538 (Fla. 5th DCA 1998); Doe v. Moore, 410 F.3d 1337 (11th Cir.2005). Neither have we found such a case. Affirmed. VILLANTI and KHOUZAM, JJ., Concur. 1. Th......