State v. Robinson, No. SC01-2620.

• Court: United States State Supreme Court of Florida
• Writing for the Court: CANTERO, J.
• Citation: 873 So.2d 1205
• Parties: STATE of Florida, Appellant, v. Leon ROBINSON, Appellee.
• Docket Number: No. SC01-2620.
• Decision Date: 18 March 2004

873 So.2d 1205

STATE of Florida, Appellant,
v.
Leon ROBINSON, Appellee

No. SC01-2620.

Supreme Court of Florida.

March 18, 2004.

Rehearing Denied May 13, 2004.

873 So.2d 1207

Charles J. Crist, Jr., Attorney General, Celia Terenzio, Bureau Chief, West Palm Beach, and James J. Carney, Assistant Attorney General, West Palm Beach, FL, for Appellant

Carey Haughwout, Public Defender, and Ian Seldin, Assistant Public Defender, Fifteenth Judicial Circuit, West Palm Beach, FL, for Appellee.

CANTERO, J.

We review a decision of a district court of appeal declaring invalid the Florida Sexual Predators Act as applied to a defendant whose crime admittedly did not include a sexual component. See Robinson v. State, 804 So.2d 451 (Fla. 4th DCA 2001). We have jurisdiction. See art. V, § 3(b)(1), Fla. Const. See also State v. Iacovone, 660 So.2d 1371, 1372 (Fla.1995) (reviewing under article V, section 3(b)(1) a district court decision holding a statute unconstitutional as applied); Psychiatric Assocs. v. Siegel, 610 So.2d 419, 421-23 (Fla.1992) (same). For the reasons explained below, we hold that the Act, which requires certain defendants to register as sexual predators and limits their employment opportunities, is unconstitutional as applied to a defendant whose crime indisputably did not contain a sexual element. We therefore affirm the decision of the district court, but on different grounds.

I. THE FACTS AND HISTORY OF THE CASE

When the vehicle in which Appellee, Leon Robinson, and a companion were riding

873 So.2d 1208

ran out of gas, they began to walk. Shortly thereafter, Robinson's companion saw an opportunity to steal a car, and he did so—even though he saw a baby in the back seat. When Robinson entered the car moments later, he noticed the baby. Shortly after stealing the car, Robinson left the child, still sitting in her car seat, in front of a doctor's office. Robinson was convicted of carjacking and kidnapping. He received two life sentences, which are not at issue here

On the State's motion, the trial court held a hearing under section 775.21, Florida Statutes (Supp.1998) (the Florida Sexual Predators Act (Act)) to determine whether Robinson should be designated a "sexual predator." Although the State conceded "that Robinson, in committing the crimes, had not engaged in any sexual act upon or in the presence of the child," 804 So.2d at 452, the circuit court nevertheless concluded that the "sexual predator" designation was mandatory because Robinson had been convicted of kidnapping a minor of whom he was not the parent. See § 775.21(4)(c), Fla. Stat. (Supp.1998). Robinson argued that in light of the elements of the crime of kidnapping, the nature of the crime, and the conceded facts of the case, he did not qualify as a sexual predator and thus his automatic designation was unconstitutional.

On appeal, the Fourth District Court of Appeal concluded that Robinson's designation as a sexual predator was mandatory, but held the statute unconstitutional as applied to his circumstances. 804 So.2d at 452. The district court found that the statute was overinclusive as applied to Robinson and did not pass the rational relationship test:

While the statute may have been based on the premise that providing the community with relevant information about certain types of offenders was a reasonable way to help them protect themselves and their children, we hold that the language used goes beyond that purpose when applied in this case. Designating a person such as Robinson as a sexual predator when there is no sexual element to his crime would lead to an absurd result. The legislature could have achieved the same remedial goals, for example, by patterning section 775.21 after the federal standard and, thus, specifically targeting those defendants who commit crimes against children regardless of any sexual element. By instead pigeonholing defendants such as Robinson into the same category as sexual predators, it has effectively subjected them to an unwarranted stigma. This is not only unjust, it is legally unsound. Accordingly, we reverse the designation.

Id. at 453 (footnote omitted). The court declared the statute unconstitutional as applied. Although the court did not indicate the constitutional ground for its decision, it appeared to base its analysis on the Equal Protection Clause because it noted that "kidnappers such as Robinson are not a part of a suspect or quasi-suspect class." Id. at 453 (citing F.C.C. v. Beach Communications, Inc., 508 U.S. 307, 313, 113 S.Ct. 2096, 124 L.Ed.2d 211 (1993)). The State now appeals in this Court.

II. ROBINSON'S STANDING

The State first contends that Robinson lacked standing to challenge the trial court's order. We reject this argument. The district court had jurisdiction to review the order under Florida Rule of Appellate Procedure 9.140(b)(1)(C), which grants appellate jurisdiction over criminal court orders "entered after final judgment or finding of guilt." See also art. V, § 4(b)(1), Fla. Const. (granting district courts authority to review interlocutory orders

873 So.2d 1209

to the extent provided by rules of the Supreme Court). The designation of an offender as a sexual predator is based on the offender's conviction for one of the crimes specified in the Act. § 775.21(4)(c), Fla. Stat. (Supp.1998). The order designating a defendant a sexual predator is thus entered after final judgment or a finding of guilt. See Thomas v. State, 716 So.2d 789 (Fla. 4th DCA 1997) (holding that an order designating a defendant a sexual predator was "entered after defendant was convicted and sentenced" and "is therefore appealable as an order entered after a `finding of guilt,' pursuant to rule 9.140(b)(1)(C)"); Downs v. State, 700 So.2d 789 (Fla. 2d DCA 1997) (same). Because Robinson was designated a sexual offender under the Act and subjected to its requirements, he had standing to challenge the trial court's order

III. CONSTITUTIONALITY OF THE ACT AS APPLIED

We now consider the constitutionality of the Act. Robinson does not argue that the Act is facially unconstitutional. Rather, he argues that the Act is unconstitutional as applied to him. Specifically, he disputes his automatic designation as a sexual predator despite the admitted lack of any sexual component to his crime and the lack of a sexual motivation. The district court agreed, holding that the statute was overinclusive "as it covers offenses that do not involve nor require sexual contact." 804 So.2d at 452-53.

Although not entirely clear, the district court seemed to employ an equal protection analysis. See 804 So.2d at 453 (noting that kidnappers are not part of a suspect class). Robinson's argument in this Court is also based on the Equal Protection Clause. We believe, however, that the issue is more properly analyzed as one concerning due process.¹ As we explained in Westerheide v. State, 831 So.2d 93 (Fla.2002), "the equal protection clause is only concerned with whether the classification pursuant to a particular legislative enactment is properly drawn. Procedural due process is the constitutional guarantee involved with a determination of whether a specific individual is placed within a classification." Id. at 110-11; see also 16B Am. Jur.2d Constitutional Law § 789 (1998) (stating that although due process and equal protection claims "may overlap and a violation of one may at times involve the violation of the other, the spheres of protection they offer are not coterminous").² It is the Due Process Clause that protects the individual against the arbitrary and unreasonable exercise of governmental power. See County of Sacramento v. Lewis, 523 U.S. 833, 845, 118 S.Ct. 1708, 140

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L.Ed.2d 1043 (1998); Wolff v. McDonnell, 418 U.S. 539, 558, 94 S.Ct. 2963, 41 L.Ed.2d 935 (1974); see also State v. Walker, 444 So.2d 1137, 1139 (Fla. 2d DCA) (noting that "the basic principle of substantive due process is to protect the individual from an abusive exercise of governmental powers"), aff'd, 461 So.2d 108, 108 (Fla.1984) ("adopt[ing] the opinion of Judge Grimes"). Robinson does not contest the classification of some individuals as sexual predators; he simply argues that he does not belong within the classification. His argument therefore raises a due process claim.³

A. The Requirements of the Act

We first review the Act under which Robinson was designated a sexual predator. The Florida statute, entitled the Florida Sexual Predators Act, is similar to many "Megan's Laws" enacted in virtually every state.⁴ The statute contains a statement of its findings and intent. They include the following:

(a) Repeat sexual offenders, sexual offenders who use physical violence, and sexual offenders who prey on children are sexual predators who present an extreme threat to the public safety. Sexual offenders are extremely likely to use physical violence and to repeat their offenses, and most sexual offenders commit many offenses, have many more victims than are ever reported, and are prosecuted for only a fraction of their crimes. This makes the cost of sexual offender victimization to society at large, while incalculable, clearly exorbitant.

(b) The high level of threat that a sexual predator presents to the public safety, and the long-term effects suffered by victims of sex offenses, provide the state with sufficient justification to implement a strategy....

(c) The state has a compelling interest in protecting the public from sexual predators and in protecting children from predatory sexual activity, and there is sufficient justification for requiring sexual predators to register and for requiring community and public notification of the presence of sexual predators.

§ 775.21(3), Fla. Stat. (Supp.1998) (emphasis added). These findings clearly express the Act's purpose of protecting the public, and especially children, from predatory sexual activity.

In light of these findings, the Legislature created categories...