Pennsylvania tourist to stay on Florida’s sex-offender registry
A Leon circuit judge has dismissed a Pennsylvania man’s challenge to a Florida law that kept him on a sexual-offender registry after a 10-day family vacation to Disney World in 2015.
Circuit Judge Angela Dempsey dismissed the case last week, in part finding that a statute of limitations had expired. The man, identified in court documents as John Doe, reported to the Orange County Sheriff’s Office when he came to Florida because he was on a Pennsylvania registry at the time as a result of a child-pornography conviction in 2002.
Doe was removed from the Pennsylvania registry in 2016 but remained registered as a sex offender in Florida, according to a lawsuit filed in 2020.
The lawsuit, which named Florida Department of Law Enforcement Commissioner Rick Swearingen as a defendant, contended that the Florida law violated his constitutional privacy and due-process rights.
But attorneys for the state argued, in part, that the lawsuit was filed after a four-year statute of limitations had expired.
That is because Doe registered as a sex offender in Florida in 2015 but didn’t file the lawsuit until 2020.
Man, oh man would I love this person to get another shot in court. Florida is mulling about our statue of limitations claim meanwhile Pennsylvania just ruled SORNA punishment. Seems like he would have a really good chance to tear up his “Price Mart Club” card, and many more would then follow.
I wonder what soon-to-be SCOTUS Justice Brown would say about this..
Senate confirms Biden nominee Ketanji Brown Jackson to Supreme Court
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My case put me on the Georgia registry. I moved to Florida and was put on the Florida registry. Followed the rules and after time released from the Georgia registry. I have been out of Florida for under 2 years but still on the FL registry. I have lost a couple jobs and hit roadblocks here in Georgia for continuing to be on the Florida registry. Am I eligible for the lawsuit? I’m willing!
JA, contact the lawyers who represented the John Doe in this case.
Comment * See the Comment Policy above before posting Good idea! I’m not sure who the lawyers are or I would. I do know FAC has my info and can contact me. Let me know…..
There’s really no such thing as being “eligible” for a lawsuit. Anyone can file a lawsuit for any reason. and the court will decide if it has merit or not, and proceed accordingly.
I am not a lawyer, nor do I claim to know or understand the laws in your jurisdiction, but my personal opinion would be this:
If you have the financial means to file a lawsuit and/or hire a lawyer, I would DEFINITELY proceed. I think its BS to be listed on a registry in a State where you no longer reside. I think its BS to be listed on any registry period.
If I were you, I would be looking for lawyers in your area who specialize in sex cases (didn’t want to say sex offender) and is proficient in constitutional law and go from there.
That is my opinion only, not advise.
So how the Hell are these people getting off the registry after 20 years if you had to challenge the registry within 4 years? Another B.S trap they have set for us?
Doesn’t matter, well over 10 years into it they moved it to 25 years that you could petition to get off after that with the Adam Walsh Act, and on top of that limited certain offenses to even be eligible. But if you wanted to argue that enhancement, too bad, you had been registered more than 4 years. This is a con.
Some (a minority of) registrants are eligible to petition for relief from the duty to register under F.S. 943.0435(11) if they have not been arrested for another misdemeanor or felony offense since release, and the petition is filed at least 25 years after the petitioner has completed all sanctions (including probation). The circuit court has complete discretion over this, since the statute says that the court may grant or deny relief, but does not specify any other guidelines. For one year, in 1998, the statute said 20 years instead of 25 years since release; therefore, some courts have allowed registrants whose offenses took place before that change (I think it went into effect on October 1, 1998 but I’m not 100% sure on that) to petition for relief after 20 years instead of 25 if they are otherwise eligible.
This process is completely different from and unrelated to the Pennsylvania resident’s lawsuit. He may or may not be eligible for this same relief after 20/25 years, depending on his offense and arrest history.
RM
Yes, I was placed on retroactively in 1997, Crime was 1991. I will be petitioning for the 20/25 rule next year. (Depending on how many billions of dollars the attorney wants. I will be taking a loan on my 401k under the rules allowed for necessitation)
Funny you can talk to 3 different lawyers and get 3 different answers. #1 says “You are never getting off”. #2 Says “Damn right I can get you off”. #3 Says, “I will take your money and do my best but no guarantees”.
I love personal injury attorneys. Their motto is “No recovery, no fee”. Wish other lawyers had that much confidence haha