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. 93-15016A
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 Oresaide Hernandez's Motion to Delete
Registration Requirement directing the Florida Department of
Law Enforcement ("FDLE") to remove the statutory
requirement that Ms. Hernandez 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
September 27, 1993, Ms. Hernandez was convicted of kidnapping
a minor, conspiracy to commit a first-degree felony and
sexual battery. Thereafter, she was sentenced to four years
in prison followed by two years of community control. Due to
a violation of the terms of community control, Ms.
Hernandez's supervision was extended and she was not
released from supervision until March 20, 2000.
years after her 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
kidnapping a minor to register as sexual offenders with FDLE
and applies to anyone who has been released from a sanction
imposed upon ...