Furthermore, the inclusion in this definition of “any act or conduct which constitutes sexual battery or simulates that sexual battery is being or will be committed,” broadens the range of unspecified conduct to include 78 different forms of sexual battery under §794.011(2) – (9).Ħ. As show above, the statutory definition for “Sexual conduct” lists 21 different crimes (not including attempt, which essentially doubles the possible means). Additionally, the Second Amended Information suffers from the same defective vagueness as its two predecessors. By re-alleging the exact same allegation of “sexual conduct” in both Counts III and IV, the State ignores the clear language in this Court’s Order.ĥ. The term “sexual conduct” is defined, in §847.001(16), in relevant part, as:Īctual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, or sadomasochistic abuse actual lewd exhibition of the genitals actual physical contact with a person’s clothed or unclothed genitals, pubic area, buttocks, or, if such person is a female, breast with the intent to arouse or gratify the sexual desire of either party or any act or conduct which constitutes sexual battery or simulates that sexual battery is being or will be committed.Ĥ. While that Information did state three specific illegal acts the defendant is alleged to have intended to commit, as required by the Court’s Order, it ignores the Court’s Order, as it includes, directly after the three specified acts, and, as in the two previous Informations, includes the following language as to Count III, “or otherwise engage in any sexual conduct, contrary to Florida Statute 847.0135(3)(b),” and the identical language, “or otherwise engage in any sexual conduct, contrary to Florida Statute 847.0135(3)(b),” as to Count IV.ģ. Instead of complying, the State chose to file its Seconded Amended Information. That Order, in relevant part, stated: “The State shall provide a statement of particulars, as to Counts III and IV of the Information, specifying the illegal act (or acts) the defendant is alleged to have intended to commit.”Ģ. On October 5, this Court issued an Order granting defendant’s second motion for statement of particulars. It is submitted that the Defendant is entitled to the above information under Rule 3.140(n), Florida Rules of Criminal Procedure, and in support thereof, states as follows:ġ. Pay Related Social Insurance (PRSI) for employersĪlternatively, they may complete a Form TR2 and return it to their Revenue office.COMES NOW the Defendant, by and through the undersigned attorney, pursuant to Rule 3.140(n), Florida Rules of Criminal Procedure, respectfully moves this Honorable Court to order the State of Florida comply with its October 5 Order, to file a written Statement of Particulars, providing the specific details as to the alleged offenses in Counts 3 and 4 of the Information.If the company has begun trading, their agent may use Revenue’s eRegistration facility (available through the Revenue Online Service (ROS) to register them for: If the company has not traded and does not intend to trade, they should contact the Companies Registration Office (CRO) and request to be struck-off the register. This separate penalty is under Section 1073 of the Taxes Consolidation Act 1997. ![]() The company and the secretary shall each be liable to a separate penalty. The Registrar may then begin the strike-off process, under Section 726 of the Companies Act 2014. If a company fails to submit the Statement of Particulars, Revenue may notify the Registrar of Companies. Failure to submit the Statement of Particulars They will need the CRO Number and the Security Access Number provided on the notice to access this form. If a company receives a notice from an inspector requiring them to complete the Statement of Particulars enquiry form, they should sign in to reply to a Company Enquiry Letter. These statements must be provided within 30 days of the change or the request. a Revenue inspector gives the company notice that they require such a statement. ![]() there is a material change in information given in their previous Statement of Particulars. ![]() This is done under section 882 of the Taxes Consolidation Act 1997 and within 30 days after the company begins trading.Ī Statement of Particulars is also required where: The company must complete a Statement of Particulars ( Form 11F CRO) to provide the required information. Every company which is incorporated or begins a trading activity in the State must give a Statement of Particulars to Revenue.
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