Hope for Out of State Registrants on FL Registry
The following article, along with a case we are organizing on behalf of out-of-state registrants who are on the Florida registry, gives some hope that there might be ways to challenge the registration requirement.
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The 12th Circuit State Attorney Office has dropped a case against a man accused of failing to register as a sex offender.
The Holmes Beach Police Department arrested Brian Edward Owens for failing to register in July 2016, when he was living in Holmes Beach.
The state decided not to prosecute in January due to evidence that came to light after the charges were brought and, in May, released a department memo explaining the decision.
The defense provided the state with a 2011 court order from Indiana, which “specifically states that the defendant is not required to register because his conviction predated the registry,” Assistant State Attorney Shanna Sue Hourihan wrote in the memo.
Owens, now 57, had been convicted of a 1985 attempted rape in Indiana, the memo states.
The Florida Department of Law Enforcement reported in May that Owens was a transient in Anna Maria, with his last registration in March.
HBPD arrested Owens July 27 after a tip about an unregistered sex offender residing at a residence on the 2700 block of Avenue C.
While the state determined Owens’ case was an exception, state law requires sex offenders to register in any county they reside within 48 hours of moving to a permanent or temporary residence or every 30 days if transient.
When will there be hope for florida residents needs to be asked?
You can hope this revails because if it does it will set legal precedent and will have an effect on the ALL RSO in Florida!
How you ask? In many ways!
Firstly, it will cut the registry by nearly half automatically! Just think how the Florida ruling class aka the government has used this PADDED number to justify enacting new punishments each year on the unrepresented citizens in Florida!
They will lose the impact they have explored for years to manipulate the voters with fear! If that number was lower…combined with getting the actual facts out then it will have a HUGE EFFECT on ALL RSO in Florida!
You might not think it will benefit you directly but nothing could be further from the truth – It could change YOUR life as well!
Lee
lee – one can hope that you are correct. Unfortunately, although I have every hope that those out of state will be removed and it will become a policy going forward concerning FL. (i.e. anyone that moves out of state will be removed) I also have fears that it can make things worse for current residents and travelers. If they suddenly lose all the fed funding for having so many on the registry how will they make that up? Perhaps off the backs of current RSOs? Or they might shorten the length of time a visitor has to register etc. I know, I know one thing at a time….
I know there is every reason to be sceptical about this but remember that right now there is NO possibility of being removed from the registry in Florida.
If those who move out of state are removed it will finally break the “once on you are ours for life” no exception rule, which is a tough thing to do and would be a MAJOR victory and advance in Florida for bringing some sanity to the registry.
Once this change is in place then a tiered system being put into place is the next battle which, as it stands will NEVER happen until the lifetime listing for those out of state is implemented.
Sure it’s ALL an uphill battle but this action along with getting actual facts out and into the record is a potential route to allow a way off this hit list!
Every Florida RSO should be watching AND donating to this case because you might not think it will help YOU but in reality it would be a very powerful change which could pave the way to change for ALL caught up in this nightmare.
I was caught up in this mess and “fooled” into taking a plea bargain even though I was innocent. The threat of a year in jail (which I knew I would be killed) was ALL I wanted to avoid and I fully knew that I would NOT have a jury of MY peers but rather a bunch of uneducated homophobes who would convict me without even considering the evidence.
So now, 21 years later although I have NOT lived in Florida for over a decade (13 years to be exact) and will never set foot in that state again, I am still used to PAD THE NUMBERS OF FLORIDA SEX OFFENDERS!
I want off that list as the reason it exists (supposedly) is to alert the residents of Florida of registered sex offenders living in Florida and near them so they can check the list and be aware.
Well, guess what…that is NOT what they do! They don’t want you off…they need those numbers for 2 reasons.
First, to justify money given to law enforcement to manage the sex offenders…so they are actively LYING about the actual numbers, and second, the bigger the number the more FEAR they can create in the population’s mind which is the REAL reason the list exists at all.
I want off the list as I am no longer a resident of Florida nor will I ever be again! Let me go!
There is a Lawsuit headed up by Attorney Ron Kliener. Call 954-540-0170 and speak with him about becoming part of this suit. We have a dozen or more people willing to participate, but we need more funds to get everything going. I believe this lawsuit would help a lot of people, and help the false reporting of registrants.
kleinerlawoffice@gmail.com
Yes indeed and I have great hopes for it. I am aware and I have already been in touch with Ron and even donated money toward this potential case.
I am very excited to be a part of correcting this LIE that is doing no good but a lot of harm to so many!
I only hope that all out of state registrants will donate and lend their names to this so real change can be made.
I can see a domino effect with a win like this…showing that the registry is a joke and helps no one.
Lee
Greetings WM, is that Lawsuit only for the purpose of false reporting registrants? I like to learn more about this, may be a good idea to call. Thank you for the information.
I recently read an article in “The Appeal” where it mentions a Florida attorney, Ann Fitz, who has filed a lawsuit on behalf of a NC registrant who no longer has to register in his home state, but is still required to register in FL. If anyone has more information on this case, would love to hear how it is going. Here is the link to the article: https://theappeal.org/floridas-sex-offender-registry-proves-inescapable/
It’s in the Northern District of Florida. The State filed a Motion to Dismiss and the Judge ordered a Stay until the MTD is dispositioned.
She has another case that was dismissed because of the statute of limitations. That case is on appeal in the 11th Circuit.
Thank you for your help. I found the case on appeal in the 11th Circuit; listened to the oral arguments from Jan 28th. Praying for a positive decision.