Out of State Challenge
We have received several requests for updates on the Out of State Challenge that we announced was filed this past summer.
Unfortunately, the Plaintiff in that case was saddled with the Statute of Limitations issue that previously hung up other Plaintiffs in the same challenge. Specifically, he was added to the Florida registry more than 4 years ago, and therefore could potentially be barred by the statute of limitations. Even though the plaintiff’s cause of action could not possibly have been recognized until he left Florida (fewer than 4 years ago), that just throws another hurdle in front of the case. Rather than spend very limited time and resources on arguing the technicality, the Attorney for the case thought it would be prudent to bring the challenge with a plaintiff who was added to the Florida Registry within the last 4 years.
We will update when more information becomes available.
Thank you FAC for handling this.
I was added to the Florida registry 7 years ago and it’s almost been 2 years since I moved out of Florida. Sounds like I’m in the same boat as him. Hopefully the right person will be found and justice served.
Brandon, maybe you should be a plaintiff since this directly affects you adversely and you fall within the statute of limits. They might be able to make you a plaintiff under John Doe status to help protect you. Maybe you should reach out to FAC and the lawyers.
Bob
I interpreted it as the attorney is looking for someone added to the Florida registry within the last 4 years. If that’s the case i don’t apply. Deciding to be in a lawsuit is mind boggling and going against Florida is a sticky wicket.
Thank you for the update and for continuing FAC’s effort and work to help out of state victims of FDLE’s corrupt registry!
Grateful we’re taking the approach of Ex Post Facto Plus— arguing the technicality in the Court of Appeals while simultaneously bringing in a plaintiff who’s unaffected by the technicality.
Honestly, I find this result rather disappointing. 😒 If this situation occurred previously, why wasn’t it foreseen that it would likely occur again with the new plaintiff? 🤷🏻♂️
(I hope the next lawsuit will be more successful.)
Understandable. It’s not forseen – everyone’s facts are different.
LOL. Not according to Florida’s Registry! We are all the same according to the Registry.
I too am disappointed. I see the words “unfortunately” and I immediately become discouraged. I hope the $25k raised isn’t a waste due to a technicality. Will the attorney that realized this potential technicality continue with a new plaintiff, or will FAC need to spend months/years raising another $25k? I hope it’s the former rather than the latter.
no funds are lost
So, if a person is an S.O. in a other state but is not required to register in that state, then moves to Florida and is placed on the registry, would that fall under the fours years limitation hurdle you are dealing with?
Or if a person is sentenced as an S.O. in another is not required to register because of the low level offense or tier they are on, then moves to Florida and is placed on the registry only to move back to their original state where they are not supposed to have to register, what that qualify?
Or are we saying that if they are required to register in their first state because of being placed on the Florida register with no way to get off in Florida and thus no way to get off the registry in his own state that that would be the issue since he wasnt required to register in his original state to begin with?
I am just waiting for FloriDUH to finally get around to dropping the charges against me so that I can file litigation.
I have arguably the best case against this. I was kidnapped by the state under blatantly false pretenses and detained over a day after my bond was posted just so they can force me to register.
I have never lived in the state or visited long enough to require registration. So why haven’t I been approached to be the one to challenge the out of state registration?
I will be moving from Florida hopefully in a year when off probation and my charge is one that is from Iowa and is not a registerable offense in Florida,. They are only making me register because Iowa is, yet they told my attorney even when Iowa removes me from their registry (7yeaea) they will not….. Yet it is not even a registerable offense here…. So I am going to attempt to be taken off once I move anyway since I won’t be a resident here AND it’s not even a comparable offense in Florida
Janet
I can’t believe Florida makes you register for something that isn’t a crime there. Hopefully you will have success now and after your probation is done. Are you moving back to Iowa? I’ll take Midwest winters over life on the registry any day, at least winters come to an end.
I’m a Michigan resident and always have been a Michigan resident. I have two more years left on the registry here. I visited Florida for work and stayed in hotels there more than four years ago and was added to their registry. After two years passes in Michigan what are the chances of me getting removed on the Florida list?
@ Brian : You really need to contact Florida Action Committee as you may be the ideal client for their Out of State Registry lawsuit.
Seriously, please get in touch with them. A successful challenge could well free many of us who have long since moved from the State of Florida but are time barred from suing due to Florida’s f#cking statute of limitations. How does the statute of limitations apply when the punishment is continuous, ongoing, and unending?? There was no single point in time harm that occurred. Rather it is continuous and ongoing. If the harm has never ceased, how can there be a statute of limitations applicable to it?
Thanks David. I will definitely contact the Florida action committee and see if I can join the lawsuit.
Great, Brian. Thank you. You could be helping a great many of us! 👍🏻
Wasn’t his registration > 4 years ago?
We all know that Florida has some of the toughest sex offender registry laws in the country, perhaps even the world. Miami-Dade County has tough residency restrictions against sex offenders. But NONE of these laws did anything to prevent the alleged sexual abuse of a 14 year old boy by two of his (female) teaches. See Florida middle school teacher accused of sex with teenage boy
https://www.clickorlando.com/news/florida/2021/10/05/florida-middle-school-teacher-accused-of-sex-with-teenage-boy/
What I find that is all too common. But still messed up is the article talked about two different incidents with teachers and their 14 year old students. The female teach was being touted in the article as “innocent until proven guilty.” Where the part talking about the male teacher said nothing of the sort.
Those schools are safe because they scan IDs for sex offenders at the door.
Yes indeed, Bob. Because not a damn thing about the Registry and all its accompanying punishments, restrictions, requirements, etc. do a damn thing to PREVENT any sexual offense from ever occurring. If Registries successfully did that, then there wouldn’t be new individuals constantly added to the forever punishment lists.