When a $10,000 Fine is the Difference Between Freedom and Registration

By: John Guidry

Way back in the early ’80s, kids were selling newspapers on every corner. I remember one kid sitting outside my church after mass, and another in front of Dierbergs back in St. Louis. It was a simpler time—1981-ish—and technology was just starting to change things. My neighbors were the first to get a small “Showtime” dish on their roof. Just one channel, but to us middle schoolers, it felt like they were the richest people on Earth.

I’m not sure how a Showtime dish connects to the law, but our real-life case today involves a young man named Ray La Vel James, who was arrested three times for failing to register as a sex offender. State of Florida v. Ray La Vel James, 298 So. 3d 90 (Fla. 2d DCA 2020).

To be convicted of failing to register, you must, of course, be a “sexual offender” as defined by the law. James had served a 15-year prison sentence for a qualifying offense, but he also had a $10,000 fine that he never paid.

James asked the question nobody else thought to ask: If I haven’t paid my fine, have I been “released from my sanctions”?

Facing failure to register charges in Orlando? The definition of a “sex offender” is more technical than you think. Call John Guidry at (407) 423-1117 to discuss your defense.

The Legal Breakdown: The “Sanction” Loophole

Under the version of Florida Statute § 943.0435 that existed in 2020, a “sexual offender” was defined as someone who had been “released from the sanction imposed” for a qualifying conviction.

The statute defined a sanction as:

“…including, but not limited to, a fine, probation, community control, parole, conditional release, control release, or incarceration…”

James argued that because he still owed the $10,000 fine, he was still “under” his sanction. He hadn’t been released from it. Therefore, according to the plain words of the law, he didn’t meet the definition of a sexual offender yet, and he didn’t have to register.

The Second District Court of Appeal agreed. They ruled that because the fine was a sanction, and the sanction “as a whole” had not been released, James was not required to register. It was a “sad but true” drafting error by the legislature that essentially allowed a defendant to delay registration by simply not paying a fine.

The 2025 Reality: Closing the Door

As the saying goes, “be careful what you wish for.” The James case caused such a panic in Tallahassee that the legislature moved at lightning speed to close the “James Loophole.”

By 2021, a new law was passed (SB 234) specifically to fix this “drafting error.” As of 2025, the definition of “sanction” in the registration statute has been clarified. The law now ensures that a fine—whether paid or unpaid—cannot be used as a shield to avoid the registry.

• The Fix: The legislature redefined the triggering event. Now, “release” from a sanction generally refers to the completion of the custodial or supervisory portion of the sentence (prison or probation).
• Civil Liens: Courts now often convert unpaid fines into civil liens, which moves them out of the “criminal sanction” category entirely for registration purposes.

John’s Takeaways

• The Plain Meaning Rule: The James case is a perfect example of why we read the statute literally. If the law says “sanction” and the sanction includes a fine, the State has a failure of proof if the fine isn’t settled.
• The Power of a Question: This case only happened because a lawyer sat down and actually read the definitions. Tony Robbins is right—better questions lead to better outcomes.
• Legislative “Whack-a-Mole”: Every time a defense attorney finds a loophole, the State tries to hammer it shut. In 2025, the registration laws are tighter than they have ever been.
• Civil Liens vs. Fines: If your $10,000 was a “civil lien” instead of a “fine,” you wouldn’t have even had a case. Small words in a sentencing order change everything.
• Registration is for Life: Unless you fall into a rare exception, once you are on the registry, the State intends to keep you there.

The justice system is harsh, and the registry is one of the heaviest burdens a citizen can carry. I’ve been defending the citizens of Central Florida since 1993, and I know that in a world of “standard” sentencing, the details are the only thing that can save you.

If you’re caught in the web of registration requirements in Orange, Seminole, or Osceola County, don’t just assume the “typical script” applies to you.

Facing registration issues? Call John at (407) 423-1117.

About John Guidry II

John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.

Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.

Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.

When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.