The 2023 Florida Statutes (including Special Session C)
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. . . We also conclude that, although the defendant met the requirements specified under section 943.04354, . . . discretion by determining that the defendant was not an appropriate candidate for relief under section 943.04354 . . . Section 943.04354 specifies the criteria necessary to be eligible for consideration for removal from . . . offender registry filed by an offender who meets the criteria under the statute is discretionary, see § 943.04354 . . .
. . . removal of the requirement to register as a sexual offender under the “Romeo and Juliet Law,” section 943.04354 . . . 2009 request for removal of designation also does not preclude considering his most recent request. § 943.04354 . . .
. . . Michael Matos appeals the denial of his petition under section 943.04354, Florida Statutes (2011), the . . . Section 943.04354(2) specifies that if an offender meets all the criteria for removal,' the court “may . . . the trial court’s determination that Matos is not an appropriate candidate for relief under section 943.04354 . . . Section 943.04354(2) specifies that removal from the registry must not conflict with federal law. . . .
. . . See § 943.04354, Fla. Stat. (2013). We affirm the trial court’s dismissal of Mr. . . . See § 943.04354(3)(b). . . .
. . . This affirmance is without prejudice to Calhoun’s right to file a petition under section 943.04354, Florida . . .
. . . Ten years later, he petitioned to have that registration requirement removed pursuant to section 943.04354 . . . The Legislature enacted section 943.04354, Florida Statutes (in 2007, which makes it a relatively new . . . See § 943.04354(l)(c), Fla. . . . .”); § 943.04354(3)(b), Fla. . . . See § 943.04354(3)(b), Fla. . . .
. . . As required by section 943.04354, Florida Statutes (commonly referred to as the Romeo and Juliet statute . . . See § 943.04354(3)(b), Fla. . . . However, section 943.04354 permits a defendant to petition for removal of the registration requirement . . . The language of section 943.04354(3)(b), Florida Statutes (2011), suggests that a hearing should be held . . . request for removal even where a defendant demonstrates that he meets all of the statutory criteria. § 943.04354 . . .
. . . Section 943.04354 was enacted in 2007; the subsection describing the persons eligible for consideration . . . Martinez was not eligible for consideration under section 943.04354. . . . We conclude, however, that he is entitled to have one hearing pursuant to section 943.04354 where the . . . Subsections 943.04354(2) and (3) state that a person who is denied removal of this requirement cannot . . . Section 943.04354(3), Florida Statutes (2008) provides: (3)(a) This subsection applies to a person who . . .
. . . appellant had to establish he was “not more than 4 years older than the victim” pursuant to section 943.04354 . . .
. . . This action was not filed pursuant to either section 943.04354, Florida Statutes (2012), or section 943.0435 . . .
. . . Dukharan appeals an order denying his motion filed under section 943.04354, Florida Statutes (2010), . . . See § 943.04354(3)(a)(l); cf. Clark v. State, 95 So.3d 986 (Fla. 2d DCA 2012). . . . See § 943.04354(1)(c); State v. Welch, 94 So.3d 631 (Fla. 2d DCA 2012). . . .
. . . See § 943.04354(2). He is not eligible to file a petition after sentencing. See § 943.04354(3). Mr. . . . See § 943.04354(2); see also Miller v. . . . Clark, section 943.04354 is complex, and he has filed his petition under subsection (3) when it should . . . See § 943.04354(2). . . . See § 943.04354(3). Because Mr. . . .
. . . filed a petition for removal of the requirement to register as a sexual offender pursuant to section 943.04354 . . . Section 943.04354 provides as follows: (1) For purposes of this section, a person shall be considered . . . registry only if the offender “[i]s not more than 4 years older than the victim of this violation.” § 943.04354 . . . 1223, 1225 (Fla. 3d DCA 2011) (determining that the defendant did not meet the requirement of section 943.04354 . . . 1109, 1110 (Fla. 5th DCA 2011) (determining that the defendant did not meet the requirement of section 943.04354 . . . A plain reading of section 943.04354(l)(c), Florida Statutes (2010), and the Florida Supreme Court’s . . .
. . . Procedure arguing that he is exempt from the sexual offender registration requirement under section 943.04354 . . . The statute provides: 943.04354 Removal of the requirement to register as a sexual offender or sexual . . . The trial court granted the motion, concluding that Samuels had demonstrated that section 943.04354 was . . . “If a defendant is one day past the four-year eligibility limit prescribed by section 943.04354 of the . . .
. . . Seven years after the offense, the Florida Legislature added section 943.04354 to the Florida Statutes . . . See § 943.04354, Fla. Stat. (2007); Miller v. State, 17 So.3d 778, 781 (Fla. 5th DCA 2009). . . . .” § 943.04354(l)(c), Fla. Stat. (2007). . . . disagreement in this case revolves around the application of the phrase “not more than” in section 943.04354 . . . If a defendant is one day past the four-year eligibility limit prescribed by section 943.04354 of the . . .
. . . County to remove the requirement that he register as a sexual offender in Florida pursuant to section 943.04354 . . . of age or older but not more than 17 years of age at the time the person committed this violation. § 943.04354 . . . The trial court denied Adams’ petition based on its determination that section 943.04354 was limited . . . We hold that litigating under section 943.04354(1) was premature. . . . Section 943.0435(1 l)(b), Florida Statutes (2007), provides: (II) Except as provided in s. 943.04354, . . .
. . . to remove the requirement that he register as a sexual offender which was filed pursuant to section 943.04354 . . . See § 943.04354(l)(a) (permitting a defendant to seek relief if he was convicted of violating section . . . However, section 943.04354 permits the defendant to petition the sentencing court for removal from the . . .
. . . designation and argues that he qualifies for exemption from the registration requirements under section 943.04354 . . . offenders.’ ” The State argues that, because Appellant has convictions in two separate cases, section 943.04354 . . . Section 943.04354, Florida Statutes, provides for removal of the requirement for registration as a sexual . . . Section 943.04354 provides: (1) For purposes of this section, a person shall be considered for removal . . . Section 943.04354 includes a requirement that “the person does not have any other conviction, adjudication . . .
. . . filed a motion requesting that he be removed from the sex offender registry as permitted in section 943.04354 . . . he entered his plea did not require proof that the act in question was not consensual; that section 943.04354 . . . The trial court acknowledged that section 943.04354, Florida Statutes, makes no direct reference to a . . . However, under section 943.04354, a new law, effective July 1, 2007, a defendant designated as a sexual . . . Specifically, section 943.04354, provides: (1) For purposes of this section, a person shall be considered . . .