EUGENE K. HORTON, III, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 2013-11-27
No. 2D13-712
KELLY and BLACK, JJ., Concur.
127 So. 3d 825 Florida District Court of Appeal, Second District (2013) Positive Treatment
Cited by 4 cases
Opinion of the Court
MORRIS, Judge.

MORRIS, Judge.

Eugene K. Horton, III, appeals the dismissal of his petition for removal of the requirement to register as a sexual offender under the “Romeo and Juliet Law.” See § 943.04354, Fla. Stat. (2013). We affirm the trial court’s dismissal of Mr. Horton’s petition as facially insufficient because Mr. Horton failed to allege that removal of the registration requirement would not conflict with federal law. See § 943.04354(3)(b). However, we note that since the trial court dismissed the petition for facial insufficiency rather than denying it on the merits, Mr. Horton is not barred from filing a facially sufficient petition. Cf. id. (“If the court denies the petition, the person is not authorized under this section to file any further petition for removal of the registration requirement.” (emphasis added)).

Affirmed.

KELLY and BLACK, JJ., Concur.

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    …rement.”). The 2009 request was summarily denied without a hearing or participation from the State. Thus, it would seem the court found Wro-mas’ letter to be facially insufficient and did not consider the merits of the petition. See Horton v. State, 127 So. 3d 825 (Fla. 2d DCA 2013) (affirming the dismissal of petition for removal of the sexual offender designation as facially insufficient, but indicating defendant was not barred from filing a facially sufficient petition). As our sister court concluded in Ma…

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