State of Florida v. Brian K. McKenzie
331 So. 3d 666
| Fla. | 2021Background:
- In 2009 McKenzie pleaded nolo contendere to an enumerated sexual-offense statute and was sentenced (jail + community control + probation); the sentencing order did not include a sexual-predator designation.
- McKenzie completed his sentence and supervision in 2015; the Department of Corrections notified him he was no longer under supervision.
- In 2018 the State moved the trial court to designate McKenzie a sexual predator under section 775.21; McKenzie objected, arguing the court lacked jurisdiction because his sentence was complete.
- The trial court granted the State’s motion (relying on Cuevas), and the Fifth District Court of Appeal reversed, holding the court lacked jurisdiction and certifying conflict with the Third District’s Cuevas decision.
- The Florida Supreme Court accepted review, held that courts retain jurisdiction to impose a sexual-predator designation even after sentence completion when the designation was statutorily required but omitted at sentencing, and quashed the Fifth District while approving Cuevas.
- The Court emphasized that the sexual-predator designation is a statutorily mandated status (not a sentence or punishment), section 775.21(5)(c) does not strip jurisdiction for (a)(2) cases, and administrative agencies cannot unilaterally designate without a court finding.
Issues:
| Issue | Plaintiff's Argument (State) | Defendant's Argument (McKenzie) | Held |
|---|---|---|---|
| Whether a circuit court has jurisdiction to impose a sexual-predator designation after an offender completed sentence when the sentencing court failed to designate | State: Yes — statute requires designation and courts retain authority to make the written finding post-conviction to effectuate legislative purpose | McKenzie: No — once sentence and supervision end the trial court loses jurisdiction; subsection (5)(c) does not apply to (a)(2) and provides no post-sentence recapture | Held: Yes — court has jurisdiction; (5)(c) is a notice/recapture mechanism for (a)(1) and (a)(3) but does not bar belated designation for (a)(2) cases |
| Whether §775.21(5)(c) limits post-sentencing designation to only categories (a)(1) and (a)(3) | State: (5)(c) supplies notice rules for special categories and does not implicitly foreclose remedy when (a)(2) designation was omitted | McKenzie: The plain text of (5)(c) references only (a)(1) and (a)(3), so it does not authorize post-sentence designation for (a)(2) offenders | Held: (5)(c) does not divest the court of jurisdiction; its silence as to (a)(2) does not permit judicial error to thwart the statute’s substantive mandate |
| Whether the sexual-predator designation is a sentence/punishment (impacting jurisdiction arguments) | State: Designation is a statutory status, not punishment, so completion of sentence does not eliminate the court’s authority to make the required written finding | McKenzie: If designation operates like sentence-related consequences, jurisdiction ends with sentence completion | Held: Designation is a status (not a sentence/punishment), so sentence completion does not automatically defeat authority to designate |
| Available remedy when sentencing court fails to make mandatory written finding | State: Court may entertain State’s post-sentencing motion to obtain the required written finding; agencies cannot administratively designate | McKenzie: Absent express statutory recapture for (a)(2), State had no remedy after sentence completion | Held: Court may still impose the designation; mandamus or post-conviction proceedings may be appropriate avenues to compel ministerial compliance with the statute |
Key Cases Cited
- Cuevas v. State, 31 So. 3d 290 (Fla. 3d DCA 2010) (held trial court may impose sexual-predator designation after sentence completion when designation was omitted at sentencing)
- McKenzie v. State, 272 So. 3d 808 (Fla. 5th DCA 2019) (Appellate decision holding trial court lacked jurisdiction; conflict certified)
- Therrien v. State, 914 So. 2d 942 (Fla. 2005) (explains duty to register as triggered by trial court’s written finding)
- Kelly v. State, 795 So. 2d 135 (Fla. 5th DCA 2001) (recognizes sexual-predator designation as status, not punishment)
- Pleus v. Crist, 14 So. 3d 941 (Fla. 2009) (sets mandamus standard to compel ministerial duties by public officers)
- King v. Burwell, 576 U.S. 473 (U.S. 2015) (context matters in statutory interpretation)
- Ham v. Portfolio Recovery Associates, LLC, 308 So. 3d 942 (Fla. 2020) (recency on textualist interpretive approach)