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FL: Florida Court Decisions from Last Week

[ – 6/12/18]

Last week the Florida Supreme Court rendered an opinion in Levandoski v. State a case that resolved the conflict between the 1st and 4th District Court of Appeals over whether ‘sex offender probation’ conditions had to be disclosed to the defendant at sentencing. The Supreme Court upheld the 4th DCA’s opinion that, “the court’s oral pronouncement that Levandoski would be subject to ‘sex offender probation’ was sufficient to impose each of the components contained in section 948.30″.

In other words, telling the defendant that he would be subject to ‘sex offender probation’ without detailing all the extra conditions that ‘sex offender probation’ is comprised of, is sufficient.

Two interesting items to point out in the decision. The opinion refers to the Statute which sets forth the conditions of ‘sex offender probation’ as “§ 948.30, Fla. Stat. (2010)” – 2010 being the year. As such, the court is alluding to the fact that the statute, in effect in 2010, when Levandoski was sentenced, was what he should look to when determining what his conditions of probation are. As we know; the 2010 version is different from the 2018 version, which has a lot of “extras” piled on.

Second, in the dissenting opinion, Justice Pariente, says, “this Court has made clear that “special conditions, which are those not specifically authorized by statute, must be orally pronounced at sentencing before they can be placed in the probation order.” Lawson, 969 So. 2d at 227 n.3. This requirement is a safeguard to protect the criminal defendant’s right to due process. “Because a defendant is not on notice of special conditions of probation, these conditions must be pronounced orally at sentencing in order to be included in the written probation order.” State v. Williams, 712 So. 2d 762, 764 (Fla. 1998).”

This raises an interesting point. New conditions and requirements that are added to the sex offender registry are imposed without any court determination as to whether an individual should be subject to them. Its the role of the courts to determine whether someone should be subject to a specific notification requirement or restriction that was not part of the statute when they were sentenced. This is something that will unquestionably be explored.

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I guess there is no general yet for June so I went and registered at school today and they are using a 2018 version of the requirements and they added a few things on it. First they put a privacy notice which I have not looked at yet but it is Cal Civ. Code 1798.17 The only other one that is important for some of you guys is the exclusions. basically all pc 311s can be excluded if the victim was at least 16 pc 290(e) I do not know if it matters but there it is. The other exclusions… Read more »

@ mike r: Yes, the June General Comments are there. Just scroll down to the Search bar and type in “General Comments”. 👍

@mike r:
I guess there is no general yet for June
Yes there is, it’s been active since June 1 ( It’s just been buried by a flurry of other items.

***Mods: Given the traffic it gets, it would perhaps be helpful if the monthly “General Comments” section was pinned. Thanks for your work and efforts!

Would love your thoughts, please comment.x