Mr. McKenzie was sentenced to six months incarceration, two years community control, and three years probation for engaging in sexual activity with a child. After Mr. McKenzie completed his sentence, the State of Florida filed a notice to designate him as a sexual predator, and the trial court imposed the designation. Mr. McKenzie appealed to the Fifth District Court of Appeal arguing that the trial court did not have the authority to designate him as a sexual predator. The Fifth DCA agreed with Mr. McKenzie. The State of Florida asks this Court to review the decision because it conflicts with another appellate court decision.

Case history is available here.