Edited: Another Out of State Challenge Fails in 11th Circuit
The opinion (Lindsey v Swearingen – Opinion), issued yesterday in the 11th Circuit Court of Appeals, held that Florida does not need to give Full Faith and Credit to an Oklahoma Order removing someone from the Oklahoma Registry, because the Oklahoma Order did not apply to the Florida Registry.
The bad: This is another in a series of bad decisions for people out of state challenging their continued presence on the Florida registry.
The good: The case really hinged on whether the Florida Court had to give Full Faith and Credit to the Oklahoma Order and not the constitutionality of whether keeping people on it’s registry who have left the state meets it’s “legitimate interest protecting the health and welfare of its citizens from persons convicted of sex offenses.” The opportunity remains for a future case to ask ‘how does keeping people on the Florida registry who have left the state meet that legitimate interest?’.
This makes about as much sense as someone who completed probation or parole in Idaho moving to Florida and having to start their probation or parole all over again. One would think that completing obligations in one state would negate the obligation in another.
I once considered moving to another state if I ever got off the registry, but those hopes and dreams are dashed. I would be better moving to another country. I may just do that sooner rather than later.
here is a question, if you are off the registry in your state, do you still have to follow the timelines in other states when visiting, not moving.ex. las vegas wants you to check in when you get there, but if you are no longer on the registry does this apply. does just having a conviction trigger these restrictions. when visiting florida, do you have to follow the 3 day rule? confused.
The laws in each state are different. You should check with the statutes in the state you are visiting. If you can’t interpret the statute you should contact the state law enforcement agency that administers the registry (you can find the contact info for each state here: https://floridaactioncommittee.org/state-contacts-and-registration-requirements-for-visiting-persons-required-to-register-as-sex-offenders/). If you are not comfortable calling law enforcement or you are not confident they will give you correct information, you would have to hire an attorney licensed in the state.
if you off the registry, how can any of this pertain to you. why be off the registry at all? the article you sent me to says if you are required to register, not if you have been convicted of. the only advantage is off iml. if i am not registered in any state why would we have to abide by any of in the article. just asking
Florida’s registration is FOR LIFE if you were convicted of a specified offense or similar offense in another jurisdiction, UNLESS your obligation to register has been removed pursuant to 943.0435(11).
If you are OFF the registry in Texas and move to Florida having a conviction for an offense (“Has been convicted of committing, or attempting, soliciting, or conspiring to commit, any of the criminal offenses proscribed in the following statutes in this state or similar offenses in another jurisdiction“
that is what i am asking, you keep mentioning moving, i am not moving just visiting, vacation etc. if i am not on the registry in Texas anymore why would i have to follow any rules if just traveling to any state. it would not make any sense for us to follow the guidelines if we are not on any registry. what then are the advantages of being off the registry?
If you VISIT a Florida County for 3 or more days consecutively or in the aggregate during a year you WILL have to register in Florida. A PERMANENT residence is if you remain 3 or more consecutive days in the same place. A TEMPORARY residence is if you remain 3 or more days in the aggregate per year in the same place and a TRANSIENT residence is if you remain in the same county 3 or more days without establishing a permanent or temporary residence.
This applies to visiting, vacation, business, leisure, etc. This applies even if you are OFF the registry in your home state. Once you leave Florida having established a residence, even for visiting, vacation, business, leisure, etc., you will remain on Florida’s registry for LIFE (and even after death). Even if you are not on the registry in Texas anymore and you travel to Florida.
please let us know the advantages of being off the registry, if i travel to florida and stay only 2 days in any location and keep traveling, will i need to register anywhere in florida. what would happen if the feds abolish the registry can the states still have their own?
seems to me there not a lot of advantages for being off when traveling in the u.s.
Texas 30, I appreciate your inquiries, but FAC is not a law firm or a travel advisor. Shawn Rolfe did a study a few years ago which you might find useful in your research. It can be found here: https://journals.sagepub.com/doi/10.1177/0887403417742948
Germany HAS GAVE SOMEONE ASYLUM DUE TO Human Rights violations in FLORIDA AND US so REGISTRY LAWS are a human rights violation!
Who?
https://youtube.com/c/CommonSenseLaws
This is the guy YouTube page
That’s awesome – I watched his recent video and he is awaiting a written order, so we’re also looking to see what it says. He did write that the asylum was specific to his case. Without discussing his case or putting him in a bad position (he’s listed as “Absconded” from Florida), his was a civil commitment case. The civil commitment cases (which involve indefinite confinement) are a bit different (a lot different) than most of our cases. Your conclusion is a bit misguided, Eugene. Not suggesting this is not GREAT NEWS for him. It absolutely is! Then news just needs to be given with the caveat that the German Court did not say the registry is a human rights violation.
Citation needed for ‘Germany granted someone asylum from US registry laws.’
My attempt to validate the German asylum claim led me to a webpage whose admin wrote:
‘FAC has their heads stuffed way up their butts when it comes to legitimate reporting on international travel and they shouldn’t be trusted for this kind of information. Here’s why…’
So, no one has been granted asylum, but perhaps they imagine that they have.
In addition to being wrong on so many levels, this is fraud, waste, and abuse of our Federal tax money. The state government receives money from the Federal government to maintain and monitor these out of state residents, but there is nothing to monitor since they’re not even here in Florida and haven’t been for years. It should be a Federal Office of Inspector General matter, but a politicized DOJ OIG will do nothing. What is the solution: legal or other?
Presumably our own out-of-state challenge won’t rely upon the full faith and credit clause. We’ll first have to see what happens in another case that is now before the 11th before we know how large our pool of plaintiffs will be.
(FAC Legal may correct me on this one).
My offense was in Virginia. I am no longer on Virginia’s registry. Moving to Florida to help my parents put me on Florida’s registry. I have come to face the fact that Florida does not care about justice or restoration, but $$$$ is its only focus. I like living here, my family is here, and I have good neighbors and made many new friends. Florida cares less about safety of all citizens and more about the mighty dollar.
Also the overall tone of the decision, though not mentioned specifically, is that this isn’t punishment anyway so there’s no problem. If it were punishment, that’s another story. No, Florida can’t punish someone for a crime committed in another State but this ain’t punishment!
I believe that until we get the 11th Circuit to call it punishment, cases will continue to lose. At present, that’s the most important question we could ever ask this Court.
The more people who are forced to stay on the registry, the more people who are solidly in our corner in this fight (and mad as hell).
The registry must be abolished! – Not picked apart away until we, who are deemed “The Worst of the Worst” are left fighting this madness alone!
A Bigger and Bigger population of persons forced to register is our friend!
Half measures are anathema to our cause of liberty!
Though I feel sorry that Lindsey lost the case, the question begs, why didn’t he research the Floriduh statute before moving here?
This loss makes it obvious that the Floriduh registry is retroactive back to 1997.
From my perspective, I would have never left a state where I was removed from the registry.
There is logic then there is FloriDUH logic.
So, if a person that is no longer required to register in his “home” state moves to Florida, he will then be required to register in Florida? Are all states like this? I am about to be off the registry in my home state (after being on it for 10 years) and am looking to move to another state, and that particular state has a longer SO registration period (20 years) That particular state’s laws say that anyone required to register in another state must register in the new state. However, I am not required to register in my home state. So, therefore, if they are saying that only people required to register in another state have to register in the new state, then do I actually have to register in the new state?
Yes. If you are required to register under Florida laws you will have to register even if you completed your registration period in another state.
No. Not all states are like that.
You should consult with an attorney licensed in the state you are planning to move to.
If it’s true that Florida continues to receive federal funding to manage the registry based on the numbers of registered citizens, it would seem Florida is defrauding the government of money. If Florida is getting funded for roughly 80k registrants when we have roughly 26k actually living in the state, shouldn’t that be a problem? That can be raised with the Federal government if it hasn’t already?
This has been written about by Steven Yoder in the Appeal (https://theappeal.org/floridas-sex-offender-registry-proves-inescapable/) so it’s a widely known issue. WO, would you step up to take lead on your suggestion that this be raised to the Feds?