Ex Post Facto Update with Attorney Val Jonas Tonight Thu May 4
Dear Members and Advocates,
We are counting down the hours when the 60-day legislative session officially ends Friday May 5.
The last few weeks have been trying times. Since the Legislative Session began in Florida on April 4, thousands of emails, phone calls and letters have been communicated to elected officials, forcing them to hear our voices. Responses, and often lack of their responses, have tried our patience, questioned our trust in elected officials, tested our knowledge of the legislative process, and heightened fears for our safety and the safety of our families. When will this end? How will this end?
Very soon, we will know if there will be anymore restrictions or requirements added this year to the already lengthy list we all deal with now. We refer to it as the “timeline” of the Registry Requirements. Everyone should have a copy of the timeline (download here) not only to remind ourselves, but also to educate anyone who thinks more restrictions placed on law-abiding citizens is the answer to stopping sexual abuse.
We are in a holding pattern on the Legislative outcome. The most damaging bills proposed this year have NOT passed (as of 5pm 5/3/2023) and continue to be postponed. All we can do now is remain calm, knowing that our voices have definitely been heard in Tallahassee.
What about our voices being heard in court? As FAC membership grows and we get stronger as an organization, we may be saying “see you in court” a bit more often In 2016, FAC began to organize a challenge against the Florida Registry, not only for the punitive nature but also the constitutionality of selected requirements, the vagueness of other requirements, and the multiple interpretations and policies of the 67 County Sheriffs making it nearly impossible to define “compliance” from one county to the next.
In 2018, the first Ex Post Facto case was filed in the Southern district, and later a second case was filed in the Northern district. Attorneys Val Jonas, Beth Weitzner, and their team have worked tirelessly on these cases for five years. Each time the state attempted to have the cases dismissed, they fought back, winning the appeal on Ex Post Facto I and delivering one powerful response after another to FDLE motions. At this time, the attorneys are seeking specific examples of arrests that can be used in response to FDLE’s motion for summary judgement. This is urgent and time sensitive.
We are hosting Guest Speaker Val Jonas on the Monthly Membership call tomorrow night where she will discuss the FDLE motion, and provide an update on the BOTH of the Ex Post Facto cases that are making the way towards the long awaited day in court.
Join us for the Monthly Membership call to learn more about the Ex Post Facto challenges and what we need TODAY to keep them moving forward. To participate, call 319-527-3487 Thu May 4 at 8pm ET. If you have any trouble, text CALL ME to 319-527-3487 and you will receive a call back and be connected to the meeting at no charge.
Stay calm, stay strong, and stay with FAC.
Sincerely,
Florida Action Committee
ANNOUCEMENTS
Monthly Membership call Thu May 4 at 8pm ET with guest attorney Val Jonas to provide update on Ex Post Facto cases and need for examples of arrests. To participate, call 319-527-3487 Thu May 4 at 8pm ET. If you have any trouble, text CALL ME to 319-527-3487 and you will receive a call back and be connected to the meeting at no change.
New Member Orientation call Thu May 11 at 8pm ET. 319-527-3487. No agenda. All members are welcome to call in for resources and referrals, learn more about the organization, sign up for volunteer opportunities, or just to share concerns and issues with other members.
Family Support Group – Sat May 13 from 11am-1pm. By Invitation only for non-registered family members with loved ones on the Registry. Must be an FAC member. To participate, contact membership@floridaactioncommittee.org or call 833-273-7325, Option 1.
MEET and GREETS Planned for May and June
Sat May 6 Clearwater, 1-3pm.RSVP to Barbara at fac.region6a@gmail.com or call 217-218-2749.
Sat May 6 (Pahokee residents only), 9am-noon-RSVP to Danell at Fac.Region4B@gmail.com or call at 772-494-1947.
Sat May 20 Sebring, 1-4pm. RSVP to Morris at fac.highlands2@gmail.com or call 863-256-3026
Sat Jun 3 Hollywood, 2-4pm. RSVP to membership@floridaactioncommittee.org or call 833-273-7325,Option 1.
Sat Jun 3 Sarasota, 1-4pm. RSVP to jennifer.sarasotafac@gmail.com or call 941-500-4706
Sat Jun 17 Tampa, 1-3pm RSVP to Daphne at daphne.fac@gmail.com or call 757-570-2060
Sat Jun 17 Fort Myers, noon-3pm. RSVP to olivia1.fac@gmail.com or text/call 941-315-7914.
Sat Jul 29 Apopka, noon-3pm. RSVP to membership@floridaactioncommittee.org or call 833-273-7325,Option 1.
VOUNTEERS NEEDED
County Coordinators – New Training class runs May 21 to Jun 18, from 7-8:30pm each Sunday night. If you are interested, email membership@floridaactioncommittee.org or call 833-273-7325,Option 1.
Staff Writers are needed for articles, posts and Weekly Updates. If you have a story, article or topic of interest to share, please submit it to membership@floridaactioncommittee.org or call 833-273-7325,Option 1.
With Unity Comes Change -Get Involved and Volunteer Today!
Florida Action Committee
www.floridaactioncommittee.org
info@floridaactioncommittee.org
Yes, it has been so trying.
But it’s been wonderful to have FAC on the watchtower.
And to hear about how our members have taken action!
I think this has been a good wake up call for many.
Please keep us posted,.
Prayer and action.
Thanks again.
So since we are doing a summary judgment I googled the Judge https://en.m.wikipedia.org/wiki/Robert_Hinkle and there a Clinton appointee hopefully a plus. but the positive I took away was he oversaw Jones vs Desantis and ruled for the felons (eventually turned over and in the 11th) and we showed the same restraints if not more. Also he ruled for a same-sex issue in today’s climate so fingers crossed he sees punishment with these on going rules enhancement over the years and since he a semi-retired he can give a decision and not be afraid of the consequences for political advancement.
Judge Hinkle ruled in our Internet Identifier challenge, enjoining the state from enforcing a much worse version of the law than we have now, while upholding what we have now.
Thank you FAC.
———————
538 U.S. 84
SMITH ET AL.
v.
DOE ET AL.
No. 01-729.
Supreme Court of United States.
Argued November 13, 2002.
Decided March 5, 2003.
https://www.law.cornell.edu/supremecourt/text/538/84
SCOTUS allowed the ex po facto in this case because the registry was intended to be only civil with no punitive procedures.
I think is was justice David H. Souter that made an absurd comment back then saying that the ex po facto was allowed because “the registrations were no more punitive than registering at the mile high club.”
However, since then, the registries have gone through a metamorphosis and they are punitive, extremely burdensome and life strangling.
Also, the first Fl statue for registration in 1997 for all sex offenders with open cases, had a provision for registrants to re-quest to be removed from the list 10 years after being released from prison, parole or probation had passed and no other felonies had been committed. Then just a few years later, it was changed to 20 years, then after that the federal Adam Walsh act was passed, it was changed to lifetime even for those who were forced to registered originally and their legal case had closed many years earlier. The time frame to request removal was not allowed to pass long enough for any registrant to qualify before the 10 and 20 years.
The penalties for violating the registrations in Fl back in 1997 was either a monetary fine or a first-degree misdemeanor.
There should be expo facto applied to registrants with old cases allowing the old provisions for “to be released of obligations to register” as first applied to those early registered offenders.
Sorry meant to say that the ex po facto was NOT allowed in this Alaska case because it was only intended to be a civil case.
My 1997 case with adjudication withheld was never given an option of release from the registry. I have no other criminal record and never violated the terms of my probation or violated any of the terms in my 26 years on the registry. This whole mess is one massive wad of unconstitutional BS.
Since I’m currently unable to do much else. I just Donated $500.00
Anyone else care to top that?
Yes that’s a challenge. But whatever you can do is great.
Thank you Pariah.001 for donating to FAC. I currently donate 25.00 a month and I do donate on specific cases as I can. I will look and see if I can match it and I will if I have it.
I know not everyone can donate. Some people are blessed to be able to, but I know a lot of people have had to change careers or have lower paying jobs because of being on the registry. If people are blessed enough to be able to donate, I hope you will. If you think being on the registry is bad, it would be terribly worse if we didn’t have FAC.
God bless to all in here.
Thank you Pariah! That is awesome. I can’t meet your challenge but I love the enthusiasm and appreciate it. I think the call last night and these last weeks have shown just how important donations of any size are. Even donations of time!!! The calls and emails are so, so, so important.
That’s a great point. None of us have the luxury of not getting involved anymore. As you can see now more than ever. The state will continue to push more and more punishment. Even if uts runs the risk of hurting our innocent loved ones. I was absolutely pushed out of the little bit of a comfort zone I had. So if the state will insist on shoving everyone into the limelight so the punishment can be all day evryday. Then that leaves me no other option but to fight back. I don’t want this fight. But this state just refuses to stop. It’s already a horrible nightmare of trip wires of registry traps. I’m not sure they will be happy untill we’re all homeless or in prison.
Thank you for your generosity. You made me open up my wallet.
Thanks for the donation and the challenge Pariah.001. I accept the challenge and just donated $500.00
Is it possible in the future to post the monthly audio recordings like ACSOL does after a few days so more people could get a chance to listen.
Yes, call 605 475-4953,739392# for the recording.