Florida Faces Challenges on Sex Offender Registry
Two U. S. citizens have filed separate lawsuits in Leon County, Florida, alleging that their constitutional privacy and due-process rights have been violated since their names continue to be listed on the Florida registry even though they do not live in Florida.
One man lived in Florida from 2012 to 2019 but now resides in Oregon. The other man had to register in Florida in 2015 because of a family vacation to Disney World. He resides in Pennsylvania.
Both men have been removed from their own state’s registry, yet Florida has not been willing to remove their names from the Florida registry. Something is really wrong here: Both of these gentlemen are off their own state registry; they live miles from the state of Florida; but Florida still maintains control over the lives of these two men, forcing them to be subjected to the punitive nature of the sex offense registry.
(The Florida registry law) provides that a sexual offender who was designated a sexual offender in another state may be removed from the Florida registry if he establishes that his out-of-state designation has been removed by court order or by operation of law, Senior Assistant Attorney General William Stafford wrote in the motion to dismiss. However, this provision does not apply where the offender still meets the criteria for registration in Florida.
This is a catch 22 and doesn’t make one iota of sense. The ONLY WAY to get ON a sex offender registry is any state is to have committed and been convicted of sexual crime.
So, by reading this statement above, it’s quite clear the “double speak” of this idea that you can get off the FL registry if you’re no longer required to register in your original State, BUT… not if the offense itself qualifies for FL registration. Well… WHAT!!?? They just literally contradicted themselves!!! The basic criminal act WOULD BE the same that could get you ON Florida’s registry so which is it? You can come off the FL registry if you’re off anywhere else or you can’t?
This is definitely something that needs to be brought up in arguments. Let the judge rack his or her brain about this contradiction.
I’m not exactly sure about the statutes of other states but at one time, in the state of Arizona the legal age for sex with parental consent was 14 yrs old. Here in Florida it is 16 yrs old. Other states might have similar laws like Arizona. In my case in particular and at that current time in 2001, if had I been in Arizona I would have never even been arrested for my crime. I’m guessing this is what Florida legislators mean? It does need to be clarified.
That’s because that use the Word “MAY” in their laws , Here in Florida !! If the word was changed to “Shall” then the Registry would likely Collapse Here !!!. It’s “All in the Wording” !! And it’s ALL ABOUT THE MONEY !!!!.
My offense was in Virginia, 22 years ago. I moved to Florida in 2003 because the health of my parents necessitated I be close by. I completed all requirements that Florida laid on me. Three years ago I was released from probation eleven years early. My name is no longer on the Virginia registry where my offense took place. I have had zero sex offenses in Florida yet my name remains on the Florida registry and after 29 years of military service I can still not vote…but I sure am expected to pay taxes. I have an ex-Army friend in Virginia who was incarcerated with me in Virginia. When his probation ended his voting rights were restored…automatically. He didn’t even have to apply for restoration. Florida is FUBAR!
In Connecticut you can vote even while on probation. The justice system literally thinks that every person (all 350+ million of them) in this country should not be “ignorant” of any law in any state. Even if you don’t live in but 1 state. This is a work around to make sure they can get some kind of conviction; “Ignorance of the law is not an excuse”. Of course not. Because if it were, many people would be let off for petty crap. Can’t have that while claiming we’re built on Christian values.
This is the same work around being used for FL’s excuse for not allowing people with a “qualifying offense” get off the registry. Well, pretty much all offenses would qualify, wouldn’t they? Or do they make exceptions for kids who sexted? Because that’s a crime in other states as well as FL.
Capt
Is FUBAR from the movie, “ Tango and Cash”? Florida is definitely the f word up beyond all recognition!!
Brandon, I do not know about the movie, but you have the definition of FUBAR down correctly.
Sir, first of all Thank you for your Service. I have a similar situation as yours. My Offence happened in Illinois, 1997, I was sentenced to 3 years Probation and 10 Years Registration. I moved to Florida in 2003 and in 2008 I received a letter from the stale of Illinois saying I no longer have to register, and that they were remoting my name from the Database. And that I should contact FDLE to give them a copy of the Letter…. I did all that and actually talked to someone from FDLE, the person told me They didn’t care what Letter I had, and that even if I move back to Illinois They are keeping me on the list for LIFE…I even went as far as writing letter to State Reps. Only to get a letter from them stating that, Because my charge was similar to a charge in the State of Florida, that requires Registration for life. I have to stay on the Registry..
I’ve asked so many people on FAC for assistance and still asking? I know this isn’t RIGHT! But who in the world can you get to HELP in this type of situation. Feels like my Civil Rights are being trampled on!…
I’m currently being harassed by a Lawyer who is representing my Best Friends “X” husband… He claims I am a threat to the Kids and I should NOT be around them. Even though he has know me way before they started their Divorce, and had No Issue with me…But is trying to get the Kids from his “X” wife, and is Using my PAST to help. This isn’t fair, and NO ONE INLCUDING THE COURTS WANT TO HELP!!!!!
FDLE doesn’t care that you were removed from Illinois’ registry just proves that all they care about is money. I’m worried about that myself even though I still have to register for another 17 years due to my conviction in a state west of Illinois. Hang in there somehow we will get through this minefield.
Your story sounds very familiar to me.
With my story I’ll start way back in 2005 when I was placed on 4 yrs probation and adjudication withheld from a plea of guilty bargain. To make to story a little shorter I asked my lawyer to have the terms of my probation modified. I asked him that if there was any way possible that I could be around children in my family and/or in the event that I eventually get married. The judge granted my request for my probation to be modified so that I could be around children that are in my family by blood or marriage.
A few years later I started dating someone who didn’t care about my past. Once we both decided to take things to another level, things got a little complicated with spending time with each other due to my probation requirements not allowing me to be around children unless they was family through blood or marriage. They can most likely tell if you’ve been around children through the semi-annual polygraph tests, part of probation requirements. Usually we would take advantage of spending time together when her kids was at her ex husband’s every other weekend.
Longer story short, eventually we decided to tie the knot. Therefore and with only 1 yr probation left. I was allowed to be finally introduced and be around her children. Shortly after we got married her ex husband found out about my sex offense and actually had a judge grant him emergency custodial rights and kids was placed in his care. My wife, now ex wife was now allowed to have the kids with her only every other weekend. The Civil judge also ordered that I can not be there while the kids are present or that he would take all custodial rights from her. Also, during this whole ordeal the judge told me that I should be barried underneath the jail. I was blown away by his comments and such a biased judge. Especially since I was already deemed to be no threat to children in my family by a criminal judge and provided proof with the letter of probation modification during the custody hearing. I thought judges are suppose to be fair and impartial?
Needless to say I no longer care to date anyone now. I mean deep down, of course I’d like a companion and one day a life partner. However, after that whole ordeal. I don’t have the desire to have a relationship/marriage ruined by some corrupt civil judge or narrow minded/disgruntled ex. Most single women around my age have children. Even though that I’ve completed probation and been deemed no threat to society/children after completing the “sex offender” therapy required by sex offender probation. I still fear taking a risk of getting involved with someone who has children. Due to fear of a disgruntled ex husband coming along and repeating the same pain I experienced all over again. Yet the Florida registry is not punitive, correct?
I mean it’s already hard enough to find and date a woman who is willing to look past your past mistakes and eventually feel safe enough for you to be around her children. Just to have an entity outside the relationship come in and tear the relationship apart.
I am in the same boat as those 2. Have not stepped foot in Florida in over 15 years…have been on their damn registry for 20 years at this point.
There is no way for them to justify listing those NOT present in the state and still claim that the registry exists so parents can check the map to protect their children!
How is the FAC lawsuit on this very issue going? Perhaps some of us might get off of it before we die!
if this case Happens to Win in court, Flroidah needs to be forced to pay the goverment back what they took in federal money.. plus Sanctions and other damages
If we as citizens pulled off the same scam as Florida is pulling off against the federal government…taking funds under false pretenses…we would be in prison. It’s no wonder so many citizens are becoming fed up with politicians breaking written and moral law and getting away with it.
My defense would be Florida’s commitment to fraud is where I learned how, so if they can do it why can’t I. I’m no Rick Scott I’m just a rookie.
Not worth the risk, but I’d love to see Florida get audited and have to pay dearly.
‘so truth’ and capt bob m. jr….
there has to be some official audit on the real number of those persons forced to register that reside in florida….
taking an official audit, then, could, be used as means to reduce the amount of monies that the state of florida is currently receiving
so, currently, in theory, the state is receiving monies based on 65k plus or more….in reality, probably, 30k
so,in theory, ….that would potentially mean a 50% reduction in federal funds appropriated to the state!
65k-ish. versus…..30k
Truth, don’t look for Florida to volunteer the information.
Plaintiff dismissed this lawsuit. Still waiting to hear why…you can see at this link: https://dockets.justia.com/docket/florida/flndce/4:2021cv00288/378772
I wish them the best of luck. Especially now, as the first case is similar to mine. I just recently moved out of Florida for North Carolina. Fascinating to hear and see what happens.
Maestro, before I read your explanation I thought I had pretty good control of the English language. The legal language written in ‘Floridianese’ has me confused. Thank goodness that Florida judges are not prone to get confused (tongue in cheek!)
I am very glad this topic got some publicity. Wish the reporter had followed the money. It’s the drive behind the corrupt and fraudulent practice of Florida accepting federal money for registered persons not in the state. Thank you, FAC, for sharing this!
I live in Pa and have been taken off the lis for over a year but still on Flordia list from a vacation 6 years ago
My plea bargain in Pa was to be taken off Megans in 10 years
Can Someone Confirm the Additional Monies that Florida Receives with a ‘Bloated Registry”
What is The Amount the State of Florida Receives for those Dead and Those that Do Not Reside in Florida…?!?!?
So, the BALANCE, is what the State of Florida to which would be entitled?!?!?
The Difference, May Infer, A Fleecing of Tax Payer Dollars….but, then, I am sure, that, ‘THEY’, have covered their asses!
Bon Appetite!
Hopefully these cases won’t be dismissed with a plea of not going to trial and being removed. It’s my hope that some kind of momentum is built from either more lawsuits filed or Florida repealing laws. If Florida and FDLE can’t stand the heat they shouldn’t engage in shady business.
I was released from the Georgia registry 3 years ago. Georgia was my original arrest state. I lived in FL and am on the FL registry there. Although I was removed in Ga FL has not released me from their registry. I now live in Ga and although removed from the registry here in Ga, I was fired from my job three weeks ago because they found my name still on the FL registry. If you need my assistance in this suit I would be much obliged.
So then, GA isn’t lifetime?
Hey FAC, we need a comprehensive list of all the states people can move to once they are OFF the registry in their original state of residence. We should not have to remain in our 10 yr registry state once we’re off if we find better cost of living and better job opportunities in another state.
CT is 10 yrs. But it’s a fairly boring state to live in. So if I wanted to move to a state with a decent weather climate (not 30 ft of snow e every winter) and cheaper rent prices, where could I go that will honor my completion of registration from CT?
I’m sure many of us would like to know. I swear I saw GA as lifetime when I googled it but based on this member’s comment… now I’m confused.
Both these plaintiffs could be barred by statute of limitations, no?