By Noreen Marcus, FloridaBulldog.org
President-elect Donald Trump of Palm Beach, whose New York felony conviction was set in stone last week, broke Florida law by failing to register with Palm Beach County Sheriff Ric Bradshaw’s office within 48 hours.
On Jan. 10, New York State Supreme Court Justice Juan Merchan granted Trump an “unconditional discharge” that took all punishment options off the table for his conviction on 34 counts of financial crime. A Manhattan jury found Trump guilty for directing hush money payments to porn star Stormy Daniels, avoiding a sex scandal in the final days of his 2016 campaign.
Appearing in Merchan’s courtroom remotely from his Mar-a-Lago mansion, a scowling Trump proclaimed, “The fact is, I’m totally innocent.”
His lawyers had argued for tossing the jury verdict until shortly before the Jan. 10 sentencing. They lost when the U.S. Supreme Court voted 5-4 against intervening.
Therefore, when Trump is inaugurated on Monday, he will become the first convicted felon ever to occupy the Oval Office.
The conviction also curbs his civil rights under Florida law: A felon may not vote, own a firearm, serve on a jury or hold a high-level public office in the state.
Florida’s felon registration law gives an offender two days to show up at the local sheriff’s office for fingerprinting and a mugshot. Violation is a second-degree misdemeanor punishable by up to 60 days in jail and a potential fine of up to $10,000.
Ever since Gov. Ron DeSantis launched a voter fraud sweep in 2023, felons who vote illegally have been arrested and prosecuted. The Florida Supreme Court just agreed to hear the appeal of a Broward man, Terry Hubbard, who’s challenging the statewide prosecutor’s authority over his case.
A TIME TO REGISTER
The New York jury found Trump guilty on May 30. On Aug. 14 he voted in Florida’s primary at the main Palm Beach County elections office.
Later that month Palm Beach County Supervisor of Elections Wendy Sartory Link told Florida Bulldog that state election officials had not referred Trump’s case to her office, apparently because they believed Florida law didn’t apply to his situation. With a referral in hand, she would have followed standard procedure and perhaps purged Trump’s name from the voting rolls, Link said.
Florida Bulldog also asked Sheriff Bradshaw’s legal counsel, Catherine Kozol, about Trump’s failure to register his conviction, and she said it wasn’t “final.” Until then he wouldn’t have to visit the sheriff’s office.
Kozol said a conviction isn’t final “until sentencing occurs because the judge has the discretion to impose penalties or withhold adjudication.”
So by her definition, Merchan finalized Trump’s conviction on Jan. 10. But he still didn’t comply with the Florida registration law.
If Sheriff Bradshaw intends to do something about it, he didn’t share his plan with Florida Bulldog.
On Tuesday Bradshaw’s spokesperson, Teri Barbera, said, “We have not received a sentencing order at this time.” Asked what will happen after the order arrives, she said, “We can answer that question once we get the chance to look at the sentencing order.”
(New York trial judge Merchan announced his sentence for Trump in this 18-page order.)
“I can’t think of any reason why President-elect Trump shouldn’t be required to register,” said Philip Padovano, a Tallahassee appellate lawyer and retired state appeals court judge. “Justice Merchan went out of his way to avoid any sentencing requirements that would interfere with the presidency or have any impact on his job performance.
“He’s already, because of his position, received special treatment that the ordinary person would never receive,” Padovano said. “So that’s the least he should be required to do.”
DOES TRUMP OWN A GUN?
Florida Bulldog could not determine whether Trump has a Florida gun permit. The licensing division of the Florida Department of Agriculture and Consumer Services doesn’t reveal personal information about firearms permit-holders, citing an exemption to the public records law.
Barbera agreed the sheriff’s office must know who’s legally allowed to have a firearm in order to enforce the law against felons possessing them.
“That is usually part of an investigation,” she said. “However, at this time, we have no reason to investigate Mr. Trump.”
A New York Times story from September 2023 indicates he probably doesn’t own a firearm. At that time Trump, soon to be the Republican presidential nominee, faced four criminal indictments.
A Trump spokesperson posted a video on X (Twitter) showing him at a gun shop in Summerville, SC admiring a Glock pistol customized with his photo and “Trump 45th.”
“I want to buy one,” he said in the video.
Critics pounced, questioning the legality of Trump owning a firearm given his jeopardy in the criminal cases. Soon word got out that Trump hadn’t purchased the Glock after all, the Times reported.
DeSantis has called the New York hush money case “absurd.” The governor said if Trump’s right to vote is questioned, he’ll grant clemency.
Under Florida rules, if Trump wants to have his civil rights restored he must file an application with the Office of Executive Clemency. Once the application is processed approval by the Clemency Board would be automatic, no hearing necessary.
It seems doubtful, though, that Trump will want to engage in the clemency process. Doing so would highlight his status as a felon, a status he’s done everything in his power to avoid, dispute and deemphasize.
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