final until disposition of timely filed motion for rehearing.
of Certiorari to the Circuit Court for Miami-Dade County,
Alberto Milian, Judge. Lower Tribunal No. 93-15016E
Moody, Attorney General, and Bilal Ahmed Faruqui, Senior
Assistant Attorney General, (Tallahassee), for petitioner.
Kenneth P. Speiller, for respondent.
EMAS, C.J., and LOGUE and GORDO, JJ.
State seeks certiorari review of the trial court's order
granting Damian Brena's Motion to Delete Registration
Requirement directing the Florida Department of Law
Enforcement ("FDLE") to remove the statutory
requirement that Mr. Brena register as a sexual offender.
Because the trial court's order constitutes a departure
from the essential requirements of the law resulting in a
miscarriage of justice, we grant the State's petition and
quash the order below.
& PROCEDURAL BACKGROUND
20, 1994, Mr. Brena was convicted among other charges of
armed kidnapping of a minor and conspiracy to commit armed
kidnapping. Thereafter he was sentenced to five years in
prison followed by five years of probation. Due to multiple
violations of probation, Mr. Brena was sentenced to serve
additional time in prison and was not released from
supervision until June 30, 2006.
years after his conviction, the Legislature enacted the
Public Safety Information Act creating section 943.0435 of
the Florida Statutes. The Legislature deemed that public
safety concerns compelled the cataloguing of sexual
offenders. Section 943.0435, entitled "Sexual offenders
required to register with the department; penalty,"
mandates that all persons convicted of qualifying offenses
register as sexual offenders with FDLE. The Act requires
sexual offenders to report their current residence to FDLE,
provides procedures for reporting and dictates a penalty for
failing to report as required.
sexual offender designation is based on statutory criteria.
Section 943.0435 defines "Sexual offender" as a
(I) Has been convicted of committing, or attempting,
soliciting, or conspiring to commit, any of the criminal
offenses proscribed in the following statutes in this state
or similar offenses in another jurisdiction: . . . s. 787.01,
. . . where the victim is a minor . . .
(II) Has been released on or after October 1, 1997, from the
sanction imposed for any conviction of an offense described
in sub-sub-subparagraph (I). For purposes of
sub-sub-subparagraph (I), a sanction imposed in this state or
in any other jurisdiction includes, but is not limited to, a
fine, probation, community control, parole, conditional
release, control release, or incarceration in a state prison,
federal prison, private correctional facility, or local
§ 943.0435(1)(h)1a(I)-(II), Fla. Sta. (2018). Section
787.01 specifically defines "kidnapping." Thus,
this statutory framework requires persons convicted of armed
kidnapping of a minor to register as sexual offenders with
FDLE and applies to anyone who has been released from a
sanction imposed upon ...