Richard Swearingen Retires from FDLE
Rick Swearingen is a name we might only be familiar with because he has been the Defendant in a number of lawsuits brought against the Florida Department of Law Enforcement (FDLE) challenging the enforcement of different aspects of the Florida Sex Offender Registry over the years. The standard caption “Doe v. Swearingen” is about to change, now that Swearingen has retired from the FDLE after decades with the agency.
Since the FDLE only enforces the laws, but does not create them, this means very little for what will change as far as the Florida Registry goes. What could be impacted is how aggressively the FDLE will take on enforcement operations to chase down people who technically violate certain petty registration requirements (though they may not even be aware of the requirements) and how they will interpret certain statutes.
The Governor’s commission is expected to appoint a successor shortly.
The governor appointing this position is what scares me. DeSantis’ track record involving registered persons in Florida is disturbing.
Given the ways that DeSantis has been engaging in culture wars, it is a definite possibility that we registrants shall see increasing activity and interaction with law enforcement. It also means that some of the new ideas and previous failures to add restrictions to the registry , might gain traction. It’s a horrible thought.
Odd situation: was told to register travel open ended to account for any possible delays and come back in person when i return.
Was told there was no excuse even for a cancelled flight and id be subject to a warrant automatically.
Was always told call in if id be late and call when i arrive.
Im totally lost: theres something new every time. I travel to the same state but never stay in one place for three days but told i need to report car and flights etc. im not on any paper (for 20years now) is this an fdle thing?
I’ve had similar experiences in the past with my local sheriff’s staff suddenly treating travel differently than previously. In my experience that’s not an fdle thing it’s a local sheriff’s department thing probably caused by a change in staff e.g. a new sergeant in charge of the registry staff who wants to “crack down on SO’s.”
Unfortunately in Florida local sheriff’s departments are free to adopt their own policies and be as crappy as they want. Therefore your recourse is not fdle but getting your attorney or fac representative to go with you to meet with and challenge the new sergeant (I wouldn’t go do that myself!). There is clearly no basis in Florida’s registry laws for the new requirements you’ve been given.
Broader issue is im leaving the state for the summer but theyre telling me i NEED to come back for my 6month check in from wherever i am. This is the first time i wont be here for that second time of year checkin. Again, word warrant tossed if i dont come in. I really do t understand this again. They are directly quoting that FDLE has these suggestions.
I was told if I am not back then I would be removed and added back once I returned. They have your dates reported in the computer. Not sure what that actually is because Florida never removes you!. I have been on Multiple Trips since 2010. I am always told Both Florida and Feds require my INTENDED Plans. I am not required once out the country to report ANY changes. I was told not to come back in ever after a trip. Just reporting my Experience in the TampaBay area. I was told Florida does not care what I do if I am not here. Dont see how anybody can get a Warrant if you have done what is required. Sounds like this is a local officer trying to make up his own rules. I wouldnt argue just follow the law and document.
What county are you in? Had that happen in Duval awhile back. They don’t like to be corrected. Been on my ass ever since