Legal News
FAC Contributor #12 on October 3, 2024 at 5:32 pm
Final arguments were heard challenging the Florida requirement that the message sexual predator must be printed on a driver’s license. The plaintiff, an FAC member from Jacksonville, argued that this requirement is unconstitutionally compelled speech. The plaintiff is represented by attorneys from the Florida Justice Institute in Miami. FJI also challenged the Halloween sign requirement in Duval County previously on behalf of two registrants.
The state’s first defense was that the plaintiff failed to challenge the requirement when he got the first license with the red words in 2014. The plaintiff’s attorneys responded that his renewal in 2020 allowed him to be within the statute of limitations.
In questions to the attorneys, the judge did discuss one issue of why a person forced to register is not like any other resident who is renewing their license. A regular Florida resident could choose not to drive, and they could decline to get a license in 2014 or 2020. But a person forced to register as a sexual predator must always have an ID or driver’s license that contains the words printed in red. The judge observed that failure to carry the ID is a third-degree felony facing five years in prison.
Recent law in other cases in the 11th circuit and Alabama, favor the plaintiff’s argument that the words are unconstitutionally compelled speech.
Judge Corrigan is the Chief Judge and noted he is really busy this year. He said he would work diligently on his opinion, but it would take some time.
This case potentially benefits the entire state.
Thanks to FJI attorneys Ray Tassef and Andrew Udelsman for their latest efforts in this ongoing lawsuit.
I get so pumped up when I read potential relief news and updates.
The hologram on the Florida ID also squarely puts SO or SP on the face.
Not sure why no one is mentioning that as it’s definitely compelled speech.
It gives me hope to hear a judge ask the right questions.
I hope this ball keeps rolling down hill.
I hate the fact that these judges can sit on these decisions forever. I really hope this helps eveyome somehow just a little bit. Anything made better is a good thing. God know they like to make it worse. We don’t need more worse. We have the by the truck load. I am grateful for those who fought this in court.
I too would like to know what is happening with the hologram. My understanding is that was not a law but something the Dept. of Highway Safety and Motor vehicle came up with as an administrative thing. I think/hope that could be challenged based on the Supreme Court ruling reigning in on these types of actions via the reversal of Chevron ruling. Is FAC going to be able to work on this as well?
Chevron was federal this is (a bribe to the state) state in a round about way.
humm i wounder if congress authorized to bribe states for SO laws lol im sure they did
Would be an interesting argument, but isn’t us being on the website compelled speech. There is not much of a difference between the drivers license and being on a website. Or making you put a sign in your yard saying “he lives here”.
Bad news for me. The judge denied me removal from the registry. So looks like if nothing changes, I will end up like the 1000s on Florida registry who are dead but still registered.
New laws keep making more and more impossible to get off the list of shame.
Hope and wish the best for the rest of you. I am going to take a break for a while to ponder on where I go from here. Even if I had another chance to go before a judge, I am disabled so would never be able to raise that amount again.
Peace to you all and hope you find your way. And I am not mad at God, there were many instances in the Bible where someone important to Jesus and they died and He did not heal them. Then there were other times where He did.
For my thoughts are not your thoughts,
neither are your ways my ways,”
declares the Lord.
As the heavens are higher than the earth,
so are my ways higher than your ways
and my thoughts than your thoughts.
Isaiah 55:8-9
I’m very sorry to hear that. Did the judge say why you were denied?
Eugene
I have not gotten the order yet. The judge never asked me a single question and I was not allowed to speak. Judge would not even look at me like I was not even in the court room. It has been 33 years since my incidents without a single issue.
Funny, the judge did admit I was 100% eligible to be removed but for some reason, still thought I was a threat or hadn’t learned my lesson. I mean I am no spring chicken so its now or never, so guess never.
I am tired of pulling down a street just to avoid a cop because they read your license plates. I am tired of neighbors calling the police because I refuse to move. I am tired of having to go 4 times a year and stand in a line with a bunch of guys in the same situation having to register, even though nothing has changed since that last 100 times I have registered.
Once I get the order, If it is something I can share, I will post it. People always tell you that you can try again another time but even if that was true, it took me 20 years to raise the money to petition this time. In another 20 years I will be 80, but with my poor health, no way I am making it to 80.
Eugene
The order came in a bit ago. He said I was a threat to public safety. Very odd, my offense was 33 years ago and was not labeled a predator. Not a single incidence since and yet I am a threat to society? Well so much for the registry not being punishment.
What a bunch of BS! I think that judge and many more alike are the real threat!
Sorry to hear that. Don’t give up. Even in this moment.
BWJ
Thanks, just got the ruling paperwork. Says I can petition again in two years. Who is paying for that? I think slots in Vegas are a better bet than twice spending 1000s of dollars (That I do not have laying around) to maybe lose again.
Now look me in the eye and say the registry is not punishment?
I have already told my family not to get me anything for Christmas as I cannot afford to even buy food now.
It is hard for a normal person with a working brain to understand how a person who did something wrong decades ago is a threat to public safety today, based on that. Further, anyone who has the first clue about the Registries knows that they do less than nothing to reduce any threat. In reality, as a PFR for decades, I know without doubt that the Registries decrease public safety. I know a large number of PFRs are dangerous precisely and only because of the Registries. If these terrorists actually cared about public safety or protecting children, they’d be working hard to remove people from the Registries. But they don’t care. They care about virtue signaling and how they feel.
[moderated]
CherokeeJack, did Ron do your petition?
BIo
It was not the lawyer it was the judge. He felt I was a threat to society. That is odd since 27 years before my crime and 33 years after, there were no incidence. And they were isolated. I was released early from probation 21 years ago.
Judge says it’s not punishment, but he can’t give me a break?
What pissed me off, the judge would not look at me, never addressed me personally and I never got to say a damn word. But all the other cases that were not sex related, he spoke to them directly and even one guy in the court room had several violations of probation but still got a sweet deal from the same judge that wouldn’t even speak to me or ask me a single question, like I wasn’t standing 50 feet from him.
Also, I am in no way trying to bash the judge nor the lawyer. I am bashing the system that made the registry in the first place. It is supposedly no punishment and they retro actively applied it to people like me who had already made a plea of guilty, not knowing some day I would face a worse plight than prison.
At least you can eventually get out of prison but the registry sticks with you like bad breath that you can’t get rid of.
Doesn’t Ron offer a second try free of charge if the first attempt fails?
RAYO
The judge said I cannot try again until two more years have passed. My crime was 33 years ago. I have been off all sanctions for 21 years, well past the 20 you can petition in. Also, 27 years before my arrest there were not arrests and now 33 years after. I was retro actively put on registry, did my time with no violations and not listed as a predator. What else can I do.
And everyone always blames the lawyer and sometimes that is true, but even the best lawyers on earth cannot force a judge to do anything unless they go over there heads with the supreme court. My little registration thing is nothing a higher judge cares about, and even if they did, I am flat broke and may have to sell my blood just to eat now.
Even my lawyer said the same thing as I did, if I have reached the required 20 year threshold (I was at 21 years just to be safe) what is two more years going to make me less dangerous????
I do not mind dying, but I already told my parents DO not waste money on removal if I die, it is a scam by the government, it should be automatic.
And sorry for everyone on the delayed responses, the hurricane wiped out my internet and just now got it back.
Well, if the judge said in 2 years — bat may be good news
Cherokee, I feel terrible about this. I’ve felt your passion for getting off of this BS list from all of your comments. Like you, I have been on Floriduh’s list for more than a quarter century. Did the judge give you any reasons? I can understand if you don’t want to share the name of the judge. I’m going to have a crappy week about this, at least.
RAYO
I just got the order a few hours ago. He said I am a threat to public safety. He did however state I could come back in 2 years and re-petition. With what money? And is it even worth spending $10,000 a second time? I will never have that money again and even if I did, I would not take that gamble again.
Yeah, in two more years, you’ll suddenly look like a saint, right? Sounds like pure political BS to me: will that be the end of his term and he knows he won’t run again? This registry BS is just more and more insult on top of injury.
Cherokee Jack:
Get the hell out of Florida.
Vocal
My parents are here. If they were not alive I might, however, leaving Florida does not remove you so even if I was to leave, I wouldn’t do it until they removed me.
I hate registering, but, the place I register they are very professional and it is quick and easy and they do not give you a hard time unless you give that to them. I only once seen then give anyone grief and the guy registering was cussing out the registration employee like it was there fault he was having to register. He threw the paper work at the guy and said he refused to sign and walked out. Surprised they didn’t arrest him but who knows what happened days later.
I hate registering, and if it was not public, I wouldn’t be wasting money to get off of it. But every day I wake up I wonder what new crap they will add to our plight. Tired of getting my tires slashed and law enforcement telling me to make a report online, and nothing is ever done about it.
Sorry to hear this. Clearly nothing is going to change until Florida is forced to take the registry seriously. It’s needs to be tiered and there must be a way off. Lifetime for all is insane and simply stupid.
I have spoken with an attorney in Florida and decided that they odds are not in our favor as it is and the odd removal here and there are statistically insignificant. I am waiting until there is real reform!
CherokeeJack
I know you are hurting right now, and rightfully so. It is devastating when legitimate cases for removal get denied, as in your case. In many of your posts, you refer to having faith in God. Know that God has not forgotten you and will give you strength to endure this difficult time. The monetary cost is catastrophic, and suffering a win for the attorney who took the case worsens things. Only holding yourself accountable for the petition’s outcome demonstrates your high character. We value everything you offer us, so please continue to post. God knows your mountain.
To drive or not to drive sounds a bit like a awkward Shakespeare quote in this crisis of the sex offender. Many of us know on here that much of this registry has lot of unethical loop holes in it.
For any state to even allow much of this registry crap is an intentional in balance of any true justice system and is more of a man made effort in and of itself. How coy is this registry.
We all face issues daily from the good to the bad. Sure I wish everyone that is on the registry didn’t have to go thru all this but its reality till someone understands the wickedness of these trappings .
So who’s calling evil and good evil Can we all say those in authority. Setting up one is as evil as it gets wouldn’t you agree?
So wait a minute – PFRs in Floriduh must carry IDs/paperwork on them all the time? Is that right?
Will Allen
The 2018 Office of Policy Analysis and Government Accountability report indicated that changes from the 2007 legislative period did make provisions that confirm the idea of being obligated to have documentation designating which of the two species you are. In the report, Exhibit A-, page 29, directs the reader to Chapter 2007- 207 (C.S. for S.B. 988), which prescribes an ID marking which species you have been designed by within the legislative agency. Further, it requires possession of the new or updated card. In my opinion, this style of law gives an agency the power to arrest upon non-compliance due to lack of possession. Some agencies might require that you provide the documentation within 48 hours, but it must have been valid before the compliance check got executed. Yes, this is how the United States of America and the State of Florida treat certain citizen species.
It was not stated by the judge that you must have the ID in your possession at all times, but one of the attorneys recommended at the FAC website encourages people to carry it with them.