Trovillo v. FL Dep't of Law Enforcement
| Decision Date | 28 July 2000 |
| Citation | 762 So.2d 1038 |
| Parties | (Fla.App. 5 Dist. 2000) FRANK L. TROVILLO, Appellant, v. FLORIDA DEPARTMENT OF LAW ENFORCEMENT, ET AL., Appellee. NO. 5D99-3598 JULY TERM 2000 |
| Court | Florida District Court of Appeals |
Appeal from the Circuit Court for Seminole County, Gene R. Stephenson, Judge.
Ryan Thomas Truskoski, of Jaeger & Blankner, Orlando, for Appellant.
Robert A. Butterworth, Attorney General, and Charlie McCoy, Assistant Attorney General, Tallahassee, for Appellee.
Appellant, Frank Trovillo ["Trovillo"], appeals the lower court's denial of his petition for writ of mandamus. The trial court did not err by the denial of Trovillo's petition for mandamus, which sought to establish that the registration and notification laws applicable to sexual predators and sexual offenders could not be applied to Trovillo, who had committed the offense of attempted lewd and lascivious assault prior to the effective date of any of the statutes. See § 775.21 and 943.0435, Fla. Stat. (1997). Trovillo did not allege any facts establishing that the respondents have any clear, legal ministerial duty to perform. To the contrary, the respondents are following the dictates of legislation. Mandamus is not the vehicle to litigate whether the statute is unconstitutional. Furthermore, Trovillo failed to allege facts establishing a clear legal right to the requested relief. Mandamus is not appropriate.
Mr. Trovillo may be able to state claims for injunctive and/or declaratory relief; however, we cannot find that Trovillo has made any request to amend his pleading.
AFFIRMED.
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...separate civil suit seeking injunctive or declaratory relief from his sexual predator designation. See, Trovillo v. Florida Dept. of Law Enforcement, 762 So.2d 1038 (Fla. 5th DCA 2000); Angell v. State, 712 So.2d 1132 (Fla. 2d DCA WARNER, C.J., GUNTHER and TAYLOR, JJ., concur. ...
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...Florida Department of Law Enforcement website. See, Connor v. State, 773 So.2d 1242 (Fla. 4th DCA 2000); Trovillo v. Florida Dept. of Law Enforcement, 762 So.2d 1038 (Fla. 5th DCA 2000). DELL, STEVENSON and SHAHOOD, JJ., ...
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Pearman v. State, 4D00-4060.
...without prejudice to appellant to seek declaratory or injunctive relief in the circuit court. See Trovillo v. Florida Dept. of Law Enforcement, 762 So.2d 1038 (Fla. 5th DCA 2000); Angell v. State, 712 So.2d 1132 (Fla. 2d DCA DELL, KLEIN and HAZOURI, JJ., concur. ...