Update on Jacksonville case challenging “SEXUAL PREDATOR” on driver’s license
Last fall, attorneys Ray Taseff and Dante P. Trevisani with the Florida Justice Institute filed an injunctive and declaratory relief request for the plaintiff who is being forced to acquire and display a driver’s license that brands him as a SEXUAL PREDATOR and broadcasts the government’s message that he is a danger to the public.
Two of our FAC members, who are either in the Jacksonville area or close to it, have reported the following: Final arguments were heard challenging the Florida requirement that the message sexual predator must be printed on a driver’s license. The plaintiff, an FAC member from Jacksonville, argues that this requirement is unconstitutionally compelled speech. The plaintiff is represented by attorneys from the Florida Justice Institute in Miami. FJI also challenged the Halloween sign requirement in Duval County previously on behalf of two registrants.
The state’s first attack is that the plaintiff failed to challenge the requirement when he got the first license with the red words in 2014. Thus, he waited too long. The plaintiff’s attorneys responded that his renewal in 2020 allowed him to be within the four-year statute of limitations; therefore, he did not wait too long.
In questions to the attorneys, the judge did discuss one issue of why a person forced to register is not like any other resident who is renewing their license. A regular Florida resident could choose not to drive, and they could decline to get a license in 2014 or 2020. But a person forced to register as a sexual predator must always have an ID or driver’s license that contains the words printed in red. The judge observed that failure to carry the ID is a third-degree felony facing five years in prison.
Recent law in other cases in the 11th circuit and Alabama, favor the plaintiff’s argument that the words are unconstitutionally compelled speech.
Judge Corrigan is the chief Judge and noted he is really busy this year. He said he would work diligently on his opinion, but it would take some time.
This case potentially benefits the entire state.
Thanks to FJI attorneys Ray Tassef and Andrew Udelsman for their latest efforts in this ongoing lawsuit.
The judge is so busy? When you show those I.D’s with that on it, every time it puts your life in danger. Yeah, let’s wait and see what happens? (Shakes my head)
I only have the statue on my license but have been fired by doctor’s once they scanned my I.D. They did not tell me why but why else would they tell me right after scanning my license that they were no longer able to provide me medical service with them. And, oh, they were so sorry for the inconvenience, and we wish you well with another doctor.
*No disrespect meant towards the judge.
The judge is purposely stating they’ll take their time (and then some) as there is no timeline requirement for the publishing of the court’s findings as seen by other cases that took far too long to be published for all to read. If there is a timeline requirement for FLA court opinions, then it needs to be noted here for the masses to know.
He is not going to write it anyway, but a clerk will and the judge will merely review it before they sign it. One can hope and pray they are going to write an opinion that will close the door on this matter forever in FLA so it cannot revived by some legislator who likes the idea for political cred.
My experience with this court, contrary to TS’ characterization, is that he thinks through these sorts of issues carefully and deliberately.
There is no basis for accusing him of disengaging or stalling.
Then this characterization you have made should’ve been known from the outset, especially if you have experience with, so what other judges and justices have done to take “long times” to publish opinions could be avoided toward this one by other readers of his comments. (IIRC, there was the AL PFR court case where it took 7 years to publish the opinion.) Remember, judges and justices are lumped together by the robes they wear because of the system they represent, which has not been the kindest to PFRs over the duration.
As for my comment…If they are as methodical as you state (which others can see as “stalling or disengaging” (as you state)), then the closing statement I made about closing the door on this matter to where it cannot be used again, which was the intent of the entire comment, will come to fruition regardless of the time taken to publish it.
Just remember, what is too long for one is not long enough for another when it comes to the judgement in the end and who it positively and negatively impacts the most. The people of this case and FLA deserve a thorough and timely (which is subjective) case opinion on the matter.
Peace…
One clarification. Failure to carry ID is not a felony. It’s failure to maintain, acquire, or renew that is the felony.
Correct me if I am wrong. I’m unaware of any arrests for simply walking around without ID.
Jacob, you are correct. In Florida, failure to carry an ID is not an offense, although it is for persons forced to register in some other states. You are also right in that the offense is for failing to maintain/acquire/renew the driver license or state-issued identification card, not failure to carry.
Jacob
I have seen numerous people arrested in Florida for refusing to show an officer I.D. Even if the officer is wrong and the charges are thrown out for a normal person, for those on the registry, getting arrested again automatically makes it where you can never get off the registry, EVEN if the charges are dropped.
I am still trying to get removed and every time I talk to my lawyer, he ends out conversations with “DO NOT GET ARRESTED”. Geez I am not trying to but thanks for putting the fear of God in me LOL Seriously, when I drive, I drive like an old lady for fear for getting pulled over.
I also had to get a new license just 3 years ago to get a “REAL ID”. This new ID is also known as a star card. One caveat to the Florida ID, is a embossed marking of your photo and the image of the state of Florida. In the middle of the State of Florida is the insignia “SO”, identifying a the carrier of the card as sexual offender. Thus the sexual offender is ALSO required to carry the states message. Hidden in plain site as it is, this is an additional message than the statute 943.0435 F.S. which the state also requires be imprinted on our ID’S. It may not be in red, but Florida’s DMV makes it possible to identify who we are.
And Archie, as far as I know, the embossed “SO” is not authorized under the Florida Statutes. It’s something the Florida DHSMV just decided to do on its own. Please, someone correct me if I’m wrong, but I cannot find this anywhere in the Florida Statutes. The statute number is authorized, but the embossed/hologram “SO” is not.
Why in some states like Tn you can get off registration in 10yr or if you move there you can get off in 5yr .Do you think it will ever be that way in FL ?
@Bill
Only if the Supreme court decides it has to be consistent. It is scary that you can get off the registry where you live, but if you visit some states, even if you are off the registry, you can be put back on.
Florida does that to some people. There have been several people post that they were off sanctions (Of registration) in their state then visited Florida and BAM! they were made to register here for LIFE. And to make it worse, many registered citizens who have died are still on the Florida registry. What danger is a dead person?
Let’s not forget that the 9th Amendment of the United States Constitution guarantees that the government shall not construe to deny or disparage others’ rights retained by the people if I’m wrong in that somebody correct me but this goes back to our due process as American citizens and our right to challenge these courts when they sit there and think that they know so much about the law but yet they refused to uphold the rule of law. In propria Persona is not pro see. These officers of the courts ,judges and district attorneys swear oath and affirm to uphold the Constitution of the United States and protect all those that come before them that Justice prevail. They do not honor these oaths it is merely lip service. It is time for us to come together and learn how to put liens on their bonds that they cannot practice law until they do what they say they’re going to do. I am not a lawyer but I am far from ignorant and I learned years ago that ignorance of the law is no excuse. Being Freeborn is what makes us sovereign once we all understand this together we can hold them accountable.