Florida’s Ex Post Facto Plus and the Non Registrant Collateral Consequences Challenge
(Weekly Update #161)
Dear Members and Advocates,
Things have not slowed down AT ALL for FAC this summer! We’ve had a lot of movement in both Ex Post Facto Plus challenges and we filed our Out of State Challenge. In EPF I, which is currently in the 11th Circuit Court of Appeals, a reply brief was filed last week and in EPF II, which is currently in the Northern District of Florida, a reply was filed to the State’s Motion to Dismiss on June 28th. The Out of State Challenge was filed last week also. Please be sure to follow our website, where we upload copies of all relevant documents filed in these cases, so that you can see for yourself the tremendous amount of work, research and resources that go into them.
The passage of HB 141, that would strip registered parents of time-sharing with their own children, gave us a very compelling argument for the Non Registrant Collateral Consequences Challenge that is currently in the works and will be filed in the 4th quarter of this year. We are currently in the stages of identifying representative plaintiffs (non-registrants who are suffering collateral consequences because a spouse, child, parent, sibling, cohabitant, partner, employee, etc. is on the registry) and identifying the right legal team to take on this challenge on our behalf.
Because of the tremendous amount of common issues facing many subsets of registrants, we are looking to set up sub-committees to manage different topics. For example; we have members who are elderly or infirm who can’t find suitable assisted living facilities because of residency restrictions or simply their status. We have members who are parents who cannot participate in their children’s schooling or extra-curricular activities. We have issues common to female registrants, issues common to caregivers of registrants with developmental or mental health challenges, issues common to individuals with the ‘predator’ designation, issues common to ‘transients’, issues common to those on probation, etc.. With the registry covering such broad and diverse groups and so many demographics, it’s impossible for the board of directors to juggle every topic.
Over the coming weeks we will be identifying the sub-groups who are experiencing the most common issues and asking for volunteers to help chair the subcommittees. We ask, as we always do, for those of you who have a desire to pitch in and help, to consider participating in one of these subcommittees. It does not require any specific skills and there is zero financial commitment. All it takes is a minimal amount of time and a desire to help others, including yourself.
We are also asking for members to contribute to our website and forums. With all of the above going on, it’s very difficult for our current board to stay on top of all the news, cases and legislative changes impacting the registrant community. Occasionally we will get a member submission that we will post to our website, but those who follow our site know that’s VERY occasionally. If you are experiencing an issue, just got 5 visitors from “Operation Waste of Money”, got a call from “Detective Johnson” from your sheriff’s office telling you he needs an iTunes gift card to take care of a warrant, hear of a new job opportunity, found a community or congregation that will accept registrants, or even had a personal success having nothing to do with the registry but that will inspire others who can’t envision such a success possible, PLEASE share it with us. It will be a tremendous help in keeping our membership apprised of what’s going on out there.
For those who want to share events, articles, success stories or any content you think might be relevant, useful or inspiring to our membership, please email media@floridaactioncommittee.org . For those who want to participate or lead one of our subcommittees (or have an idea for a subcommittee not on our radar), please email membership@floridaactioncommittee.org And, for those who are financially able to make a contribution to FAC in order to sustain our operations, outreach efforts and keep our lawsuits alive, please visit https://floridaactioncommittee.org/donations/. There’s been a lot of movement at FAC this summer, but unfortunately the one thing that’s not moved much this summer is the thermometer on our Ex Post Facto Sustainer so please, if you can, donate something today.
The great news is things are moving and much more is in the pipeline. There is a role that each of you can play in the success of our efforts (which are life-changing to you or someone you love), so I challenge you to step up now!
Sincerely,
The Florida Action Committee
Reminders:
Housing is Needed – We receive calls daily from members looking for housing. If you have housing to rent or purchase, please contact email membership@floridaactioncommittee.org or call 833-273-7325, option 1. We will only share the information with the FAC Outreach team and the County Coordinator in your area.
Research Studies – Voluntary Participation. Shelley Kavanaugh (Doctoral Candidate) is conducting one-on-one phone interviews with mothers of registered citizens living in Florida. For more information about the study and how to schedule an interview, click here.
August 5 Thursday at 8:00pm ET – Monthly Member Call – phone 319-527-3487. Topic: Legal Updates and the Perils of Pro Se Motions. If unable to connect, text “CALL ME” to same number to receive call back and be joined to the meeting.
August 12 Thursday at 8:00pm ET – New Member Orientation Call – phone 319-527-3487. Ask questions about the organization, share resources, discuss local issues and learn about volunteer opportunities. If unable to connect, text “CALL ME” to same number to receive call back and be joined to the meeting.
August 14 Saturday – 11:00am-1:00pm ET. Therapist-led Family Support Session via Zoom. Limited participation. Email membership@floridaactioncommittee.com or leave message at 833-273-7325 Option 1 for access to the Monthly group session.
Date TBD 7:00 pm – Fearless Group – Peer-led Support meeting – You are Not Alone. Dial (727) 731-2927
Need to Talk? FAC has peer volunteers that are here to talk one-on-one, call 904-452-8322. Volunteers are not available 24/7 but you will receive a call as soon as possible. If you have an emergency, call 911, or helpline at 1-800-273-8255 or a crisis center (Listing of Crisis Centers and Hotlines)
SOME HEADLINES FROM THE WEEK
FAC Letter to Broward Lawmakers
Below is a letter sent by FAC to Broward County Lawmakers concerning the lack of compliant available housing in the county. Please feel free to share this information. FAC – Letter to Broward Lawmakers…
Reply Brief Filed in Ex Post Facto I
The appellant’s reply brief in Ex Post Facto Plus I was filed last week. That case is pending in the 11th Circuit Court of appeals. A copy of the brief can be read here: EPF I – Reply Brief As usual, the team of Attorneys Val Jonas and Todd Scher did a great job on…
11th Circuit holds cant be convicted of both “possession” and “receipt” of CP
The 11th Circuit Court of Appeals (which covers Florida), last week held that being convicted of both “possession” and “receipt” of child pornography violates Double Jeopardy. The court found that “possession of child pornography is a lesser-included offense of…
James Fairbanks sentenced: 40-70 years in murder of convicted sex offender
James Fairbanks, who pleaded no contest to second-degree murder in the killing of convicted sex offender Mattieo Condoluci last year, was sentenced in a Douglas County on Wednesday morning….