Ex Post Facto Update – Where YOU can help
Last week, the attorneys for the Plaintiff in the ExPost Facto II lawsuit filed a motion for summary judgment that you can read here.
FDLE filed their motion for summary judgement that you can read here.
In the FDLE summary judgement, they make certain statements that are inconsistent with reports we have received from members.
Below are four points made in the FDLE summary that are concerning. If you have been arrested as a result of one of these situations, please respond ASAP to membership@floridaactioncommittee.org or call 833-273-7325 Option 1. You will need to support your story with a copy of the arrest record or a sworn declaration (affidavit).
1) At paragraph 9, p. 5, state says “Arrests do not occur unless the registrant willfully intended to violate FSORNA, has been notified, and fails/refuses to comply”
FAC would like to hear from any members who have been arrested, or know someone who has been arrested, for Failure to Register (FTR) for conduct that was not willful and intentional, or who was not offered an opportunity to comply before being arrested.
2) At paragraph 13, p. 6, state says “No Florida registrant with a permanent registered address has ever been arrested or convicted for failing to report a temporary address.”
FAC would like to hear from members if they, or someone they know, has ever been arrested for failing to report a temporary address.
3) At paragraph 15, state says that in Lafayette County and “in other jurisdictions as well,” a registrant who travels more than once to the same temporary address, can make one report of that temporary address and continue to go there without having to make another report. This would apply to a vacation home, or time share, fishing cabin, homes of friends or family members.
FAC would like to hear from members who have been required, or know someone who has been required, to report that they are going back to that temporary address after a first report.
4) At paragraphs 28 and 29, state says when a registrant forgets or fails to make a report, the local law enforcement agency “makes several attempts to contact the registrant and coordinate with him/her to come in and register.” The registrant will be arrested only after “several attempts” have failed to get him/her to comply.
FAC would like to hear from members who have been arrested for failing to register or report without the sheriff having first made “several attempts” to secure compliance.
Your immediate response is needed.
i was wrongly arrested twice:
1). after hurricanes like 13 years ago i had no job was staying in motel and running out of money quick. i went and obtained my cdl and started driving truck over the road i was arrested for not updating dr, lic even though i had no address to update as when i come back i was planning on staying at same hotel. was srrested in SD and was in jail there wrote letter to judge from there was transported for the next 2-3 weeks across country in a van got back to fl. on jail sundy night i think monday morning guards come and said your being released i asked if someone posted bail and was told there not sure they just had an order to release me. i later found out state dropped charges.
2). time almost a year later same cop had me arrested for not updating my address; this time i was stopped in CT. cop wanted me to stop in every city, county, state i drove through and register, i told him he is out of his mind that i did not move and i come back home to same address i was transported in bus this time to KY then brought back to fl in mini bus sat in county jail for about 2 weeks till i was bailed out this time about a month after that state dropped charges again.
each time it cost my my job, loss of belongings, cloths, laptop, tv, etc… plus it makes me not elegable to partition to be removed from register as they are arrests
Hard Reality,
If you haven’t already, please fill out this form and make sure this comes to the attention of the FAC staff: https://floridaactioncommittee.org/case-consideration/
If the intent is not punitive then why not amend each and every of the onerous “regulations” to include verbiage that clearly spells out that a registrant cannot be arrested for violating registration requirements until law enforcement has documented proof of attempting to notify/correct the violation?
Intent is one thing but leaving each jurisdiction to interpret/enforce as they see fit leaves a wide margin for judgement.
Yes, and isn’t it a fact that the registration statutes lack a mens rea requirement prong?
So even if they have been lazy sh**s and didn’t feel like arresting people, the point is moot!!!
“ The Legislature finds that sexual offenders, especially those who have committed offenses against minors, often pose a high risk of engaging in sexual offenses even after being released from incarceration or commitment and that protection of the public from sexual offenders is a paramount government interest. Sexual offenders have a reduced expectation of privacy because of the public’s interest in public safety and in the effective operation of government. …”
————
– If you had a legal family case that close 30 40 years ago and have not committed a new crime -how can the state continue to shovel this ? Constitutionally the State should not have any rights at all to create additional troublesome burdens to follow outside of a court venue in order to tie up your civil liberties. Unless you committed a new crime, accepted a plead deal or lost the case – then the judge can impose those new conditions.
They justify this by saying that even though the official recidivism rate is extremely low, most sex crimes go unreported, so the actual recidivisjm rates are much higher…
I’d like to know how they can base jurisprudence on a F***ing crystal ball !!! We have statistics…they have BS!!!
I’d like to know where the legislature “finds” this data. Probably from Book
“Arrests do not occur unless the registrant willfully intended to violate FSORNA, has been notified, and fails/refuses to comply”
— then what about the sting operations were they arrest dozens for FTR? I believe it was Polk County with that A**hole Grady Judd who was gloating about locking people up becuase they had unreported cars in their driveway!
“No Florida registrant with a permanent registered address has ever been arrested or convicted for failing to report a temporary address.”
— If this is true, then why do we have this F***ing law in the first place???
“…in Lafayette County and “in other jurisdictions as well,” a registrant who travels more than once to the same temporary address, can make one report of that temporary address and continue to go there without having to make another report.”
–Yeah, until the 3 day (72 hour) time limit per year !! … Then it suddenly becomes a felony. (You don’t HAVE to report it, maybe you WANT the felony conviction, after all!)
“…when a registrant forgets or fails to make a report, the local law enforcement agency “makes several attempts to contact the registrant and coordinate with him/her to come in and register.” The registrant will be arrested only after “several attempts” have failed to get him/her to comply.”
— Pure BS! People have been arrested for appearing 1 day late! There was an article on this very website not too long ago that detailed an arrest because the guy forgot and came in the next day!
I have to go to Marion County Sheriff’s office to report and get traveling paperwork so that I can go work at the same temporary address that I’ve been going to for the last 4 years.
If you have not done so already, please notify membership@floridaactioncommittee.org or call 833-273-7325 Option 1.
I sent in an email about the failure to register. You can decided if it’s usable or not.
Obviously the burden of proof is in our shoulders…not the state. When I read the “No registrant has ever been arrested”….that made me laugh hard because of the hypocrisy and irony involved. But, we are like a hot potato on one wants to ever deal with and the only way to deal with it is piling laws on top of another… even when they are senseless…..
And then…for every one law we challenge…two more stupid laws poke their heads from around the corner to continue screwing with our lives as if its not hard enough…..
Historically, FTR’s have been used as vehicles to support an offender “re-offended” for sentencing purposes, i.e., documented as committing an additional sex offense instead of FTR’s. I’d say there’s plenty of evidence throughout Florida court’s records though for FTR’s. Just have to search cases involving FTR’s that survived appellate processes at the minimum, esp. those cases where there were additional charges added to fluff a sentence. Id say target audience for this would be flyers to those sex offenders in Florida Prisons.
St. Johns County has a whole section for SO. It’d be brutally simple to get several of them to testify that no warning was given.
FAC would like to hear from any members who have been arrested, or know someone who has been arrested, as a result of one of these situations. Please respond ASAP to membership@floridaactioncommittee.org or call 833-273-7325 Option 1. You will need to support your story with a copy of the arrest record or a sworn declaration (affidavit).
M: A Day is not defined in the statute. Some sheriffs define Day as an overnight.
So is 5/18 when the evidence is all due? or is this when the judge is expected to announce a ruling on the summary judgment decision?
I never been arrested for FTR but it seems the State is saying “we only arrested you over a failure to register as a last resort” but we have hundreds of case around the US where it’s open season on so called compliance check raids. Dozens in the State that I seen over the year in Florida news, Now there saying they don’t really try to do this? Come on. BS. Anyway is 2 weeks enough time to call them out on this issue?
Got taken in on a ftr the day before i was heading home to nyc. The state later filed a “no information” and i never even got arraigned. The corrections person added me to the list that night i was taken. I missed my flight home the next day. Since i had to sty for trial, i thought, i just ended up staying here. No trial, no arraignment, put in the list by a corrections capt.never saw a judge but for the bond. Next thing you know im screwed and cant get off this list (24 years since the offense) Hoping thats good enough to send you the email?
FAC would like to hear from any members who have been arrested, or know someone who has been arrested, as a result of one of the above described situations. Please respond ASAP to membership@floridaactioncommittee.org or call 833-273-7325 Option 1. You will need to support your story with a copy of the arrest record or a sworn declaration (affidavit).
So lawmakers claim intention is not punishment. Doesn’t law enforcement get some sort of federal funding based on SO arrests? I thought I read that somewhere so I may be wrong. If right, though, wouldn’t that create a huge conflict of interest? I’d say that’d be fairly easy to argue in case the judge thinks law enforcement is not willfully punishing registrants……
Stuff like this https://m.youtube.com/watch?v=acunCHbkH-8
The evidence is due now, so that our lawyers can issue a reply.
I have a question about going on hunger strick while I am awaiting trial in Indiana in June for failure to register based on Florida requirement when I lived there from 2003 to 2007 ?
Dear One Eye Justice, Indiana has 2 types of sex offender registration requirements. One is for 10 years and one is for life. Indiana does have a law statute that requires a person to register for a longer period if their home state (ie Floriduh) requires it even though Indiana normally does not.
Thank you for your reply to my question but my conviction is from Indiana and not Florida and I de-registered from Florida legally in 2007 I was there for probation due to my Indiana conviction and then I left the country legally for 12 years before coming back to Indiana. But because of My name is on the Florida registry I am being persecuted not prosecuted in Indiana.
I think for all the draconian laws all over the Country and especially Florida I am going to declare hunger strick.
I feel this is the only way it will let the people see that by them allowing for such laws to be passed and implemented they are not just violating the Constitutions but destroying families and actively participating in killing us living under this oppression is much much harder than being dead.
I love my wife so much so we have no children and she has been by my side for 18 years and doesn’t like this idea at all but I know she is suffering more than me for seeing me go through this and also the consequences of being convicted and going to prison.
If we don’t along with our families and loved ones bind together we are really like walking dead..
The system is designed to have the upper hand through the Courts regardless of being right or wrong..
Sorry for the lengthy reply and God bless.
To clarify (updated): You don’t need to respond with an affidavit. Just send in (or call in) information about the arrest. You’ll be notified if your information needs to be put into an affidavit.
Let’s pray for a good outcome in this case. There are folks in this forced registry list whose family related case is 30 to 40 years old with no other convictions. -How can the state continue to push the fact that their constitutional rights have to be suspended?
Hi there I am from out of state.. I caught my time in 91 and left that state in 2011 been arrest free since has anyone thought about challenging the 20 year rule as well? for the ex post facto It seem like it was moved every year first it was a few years then 10 years now 20 years When I took a plea deal this crap was non existed then passed it in 97 and then retro it back wards
didnt know where to post this topic sorry