11th Circuit reminds us of Statute of Limitations
Today the 11th Circuit Court of Appeals denied the appeal of an out of state registrant who was kept on Florida’s public registry long after he moved out of the state. The appeal (and underlying Trial Court decision) were not based on the merits of an “out of state” challenge, but on a technicality. The registrant left the state in 2004 and did not bring his lawsuit until 2018, far beyond the 4-year statute of limitations in which he could bring a lawsuit.
The decision was not unexpected and not detrimental to anyone wanting to bring an out-of-state challenge, it was just a reminder that suits need to be timely brought.
The Court’s decision can be found here: McGroarty – Appllate Decision
But wait… but… he’s going to be on their registry for a LIFETIME… how do the statutes have a limitation here?
Is he still on the registry?
If the answer is yes – then I think the case would still have standing.
All – the court was saying he needed to bring this case within 4 years of leaving.
He should have vacationed in FL for a few days and the clock should have restarted since he was present in a temporary residence. His lawyer should have known this would happen and advised him…
Wait would this actually work?
I have been out of the sh^thole AKA Florida since 2005 so very similar situation to this example.
Seriously – I am ready to do that if so! I will hit the 20 year mark next April 2021.
If they can use bullsh^t technicalities as they wish then it is fair play that we are also allowed that strategy.
Thoughts?
The removal petition has a better shot – it’s tried and true, whereas another challenge hasn’t.
FAC, we all get it. The issue is that no one should have to petition or sue to get off the registry in the state they move out of. Imagine if you moved from FL to AZ but FL still required you to register your vehicle in FL.
There should be no limitations on when someone can sue to be removed from something they should no longer have been obliged to.
If the judge had an ounce of sense, he/she would have taken into consideration the fact that people not living in FL are still swelling up the FL registry for no reason. That said, the judge could have overruled the limitations and blasted the state’s attorney as to why people who no longer reside here are still listed on the registry here. Or who are deceased.
Unfortunately, many judges are business-men too.
More than half of people on Florida’s registry are either out of state, incarcerated or dead.
There are other states that list incarcerated offenders, but I’ve never heard of any other state that lists out of state or dead offenders.
They courts look for any and every reason to deny us relief. We have to be perfect in every way to get any relief.
In Florida perfection doesn’t even count. How else could Florida justify government stipends for the registry if it removed the names of those no longer living in Florida…or ‘pushing up daisies’?
This. I think this is just an excuse to throw out a lawsuit by a sex offender, more than anything.
They can impose restrictions/punishments on people after their crime was committed, judged, and sentenced and also can extend statutes of limitations for the victim, but statutes of limitations for the convicted are strictly enforced?
I fail to see how this can fall under statues of limitations when you are registered for life in Florida.
What exactly ran out in 4 years – something that never existed in the first place?
Can someone explain this please as I logic and common sense and thus can not wrap my head around this surreal BS!
Statute of limitations in a situation like this are ridiculous. If you’re no longer residing in a particular state, that state has no business keeping your information on their site to scare people. It shouldn’t matter if he brought the suit 4 days, four months or 4 million years after he moved, the point is that no lawsuit of this kind should even have to be brought because you shouldn’t still be on the registry of a state you no longer live in. That should be the main point. Period. And an attorney should have said that to the judge.
A person kept on the Florida registry after leaving the state permanently is a clear example of the criminality of the Florida registry. A person on the Florida registry who lives in Colorado serves no purpose whatsoever to keep Floridians safe other than to bring in US government money to support a state supported criminal activity.
I am doing research for a book I am writing re the registry. I have spoken with the authorities in many of the states so far. Turns out that Florida is not the only one guilty of this. Many keep you on the registry when you move out of the state or leave after visiting if you are there long enough to register. And, so far, all that I have talked to already have told me that even for visitors there is a registration fee, i.e. $10 to $500 depending on the state.
Stats of limit but according to Bertram vs us bank stats of limit don’t matter
Not positive it was us bank could bff e different one
Nothing in Florida law actually specifies that out-of-state offenders have to remain on the state’s registry. It’s a ridiculous FDLE policy that’s not based on statutory law.
This policy really doesn’t make sense from Florida’s standpoint, since he deincentivizes offenders from leaving Florida. It reduces the motivation from Florida offenders to move to another state that has shorter registrations periods and/or doesn’t publicly list all offenders. Since they’ll continue to be listed on Fl’s registry.
The whole point of lifetime registration in Florida is to inflate its registry to solicit larger SORNA grants to maintain it, shown by their registration of DEAD offenders even though their own policy is registration for LIFE.
I would think the comically-named SMART office would want to audit Florida’s registry for abuse (70k+ registrants, of whom over 40k are either dead, incarcerated, or out of state). That they don’t tells me that they don’t want to know how their funds are misspent to keep their own budget increasing.
I can’t think of a better example of government fraud, waste, and abuse than.
The absurdity of the decision is revealed by the fact that he could just go back to Florida for 3 days, register here again, have his information updated and republished, then leave the state forever and be able to refile his case.
According to the 11th Circuit, he would then have another 4 years to file his claim, since the issue is when the state updates or publishes the information on the FDLE website. He lives in North Carolina. He could simply drive to Jacksonville, register in Duval County, spend 3 nights in the same hotel, then register his way out and boom, the 4-year statue of limitations refreshes. This demonstrates how silly the decision is, since its holding can be so easily circumvented.
The problem with this decision (in my opinion) and another brought by the same attorney in a similar situation, is that the underlying cases are strong. The decision has nothing to do with right or wrong or the merits of the case. it’s purely a technicality.
There is no justice, the better writer wins. Sad.
But still he has a point doesn’t he? Both the lower and Appeals court are clearly suggesting that had he asked within four years of leaving, he’d be removed. In fact in the McGoarty case the clearly say, “we don’t agree with the State’s claim that they have claim over the appellant who is living in another State” and further suggest that had he asked after 2012 he would have won. Why would they write that? Wouldn’t they be bound by the reasoning behind their own decisions or would they say, “oh, nevermind. The statute of limitations is really a non-issue – we were just kiddin. You’re on the registry for life in Florida no matter where you live or how long you wait after leaving the state to bring a case to be removed.”
So does this imply that if someone wants to petition the Courts to be removed from the registry, has completed the 20 (or 25) year period, but for reasons is unable to get the funds together or find legal representation (for the petition), only has 4 years to submit that request to the Courts? This only adds to the confusion from my point of view.
So he needs to move back for a week then move out again or better move to Florida then move to a state that doesn’t keep you on registry for life then 3rd week move back home.
Maybe my timely election blurb will get more traction in this thread.
On the DUVAL ballot for 2020, the following judges of the 1st DCA are up for retainment:
Joseph Lewis, Jr.
Scott Makar
Rachel Norby
Tim Osterhaus
Clay Roberts
Adam S. Tanenbaum
Additionally, Carlos G. Muniz for Floriduh Suppeme Court
Given the current situation of our population, I would vote “NO” to retaining ALL of these “judges.”
And while I’m on my election soapbox, many counties in Florida have a half-cent sales tax on the ballot to pay for “dilapidated” public school buildings.
So what happened to the billions of dollars (legally earmarked for public schools) the state collected from our property taxes and The Floriduh Lottery?
I have seen dozens of commercials with shills supporting this tax, not one opposing it! Not any opposition on the internet that I can find either. Why is no one questioning how the money for public schools has been squandered for decades? These buildings didn’t deteriorate overnight. In the US, trillions have been thrown at public education over the past 50 years, yet we have the dumbest high school graduates of any industrialized nation.
I imagine I have the perfect case to challenge the out-of-state case.
Last year, I was kidnapped, trafficked across state lines, and held for ransom by Broward County. I have never resided in Florida. Yet, I was forced to register even after the ransom was paid. Since this has been a year and a half, I’m still within the 4 year term.
True!
The statute of limitations issue is a black letter law created by the legislature. Being fair or not or logical or not does not is irrelevant here. Judges are required to follow a law if it is distinct and binding unless it is appealed to a higher court that can find it unconstitutional somehow. The prosecutor is not to blame either the words of the law are. This needs to be taken up with your legislators or a suit filed against the state with evidence this is unlawful. Florida isn’t the only state that does this. There are many.
I know lots of people think it’s only Florida it keeps you on the registry. But I’ve said this before. Doing research for a book I have discovered after talking to every state that every state is different and that there are many It keep It keep you on the registry when you leave their state.Just as an example, take a look at arkansas’s laws. Even if you’re a visitor and stay long enough to require registration when you go back to your home state they still consider you a resident and keep you on the registry. They just list your home address as your address on their registry when you leave their state.
The argument made by that attorney seems sound. If the issue prohibiting this case from continuing is a 4 year Statute of Limitations then a case should be brought by someone if not them, to argue that a time based Statute of Limitations on a circumstance that is deemed a “Lifetime” mandate should be vacated.