Recent out of state challenge filed in Northern District of Florida
Attorney Ann Fitz has filed a lawsuit on behalf of a man who remains on the Florida sex offender registry, despite moving back to Oklahoma, the state where his underlying offense occurred and a state from which his registration obligation was removed.
The case also includes a second component, whether the FDLE was authorized to make a unilateral decision that the Plaintiff’s out of state offense required registration in Florida, without any judicial decision.
A copy of the complaint can be found here:
Tried to download case and it came out jibberish. After telling me this type of file is harmful?
Greig
That same thing happens to me when my Mom sends me something. Some computers mark a lot of things as potentially dangerous, even though they may not be. This has happened twice and both times she told me “Well no one else is having that issue”.
Is this FAC donor-funded?
It is not
I could be a plaintiff because I lived in Florida for 5 years and itās been 2 years since I left. I just donāt want to deal with Florida and I rather spend time on things nationally. Florida is too crazy for me and Iād lose my mind trying to figure out my next move.
Good luck I hope this case is successful
Good news for Lindsey bad news for everyone else is that this case on its face appears to be a pretty easy one to āsolve.ā If DLA just says oops and takes down his information because they are clearly in violation of at least one provision of Florida law. Of course, what FTLE will probably do is say something stupid like well heās not really registered anymore because heās not obligated to update his information and less he re-enters Florida. Iām curious as to how the hell they decided all those years after he moved to Florida That how he was someone who needed to register? I know Martin County is one of the screwy counties, but you almost have to think that someone that previously knew ratted him out.
Joe M
even if florida takes it down they will not delete the information out of the system and the LEOs will still have full access to it on there side so if he gets pulled over they will think he is still registered..
I was a very lucky person I had to reg in another state for 10 yr hitch was never on a public site ..well my dumb ass moved to florida and the last 2 yrs of it I was on public site..now my 10 yr hitch was up in the other state I send my letter into FDLE and they too released me..
yrs later I go threw a costody battle and ill be damn if the information including the flyer showed up in court.. I went screaming to the Pasco county SO they pulled up yea it was there I explained that it was used against me in child costody b prepared to have your ass’ sued.. they did infact hit the delete button right in front of me and it was verfied Via sex crimes unit. when I ask them to pull it up.
as for the costody battle I did win my case and took my children…come to find out the Ex was banging a PSCO officer she lost the children he lost his job… just sayin that in a release letter it states all information pretaining to your offense will be removed from public web sites as well as the local sherriffs will remove all information
this was in 2007 I remained in florida till 2017 off and on then desided it was time to get out b4 my luck ran out..
My petition for removal was just granted in Orange County and Iām wondering what kind of fight Iām going to be in with LE and how many data bases I will have to send a āremove me or elseā letter to. It would seem that once FDLE is given a copy of the order for removal, all other agencies will be required to follow, FCIC, NCIC, Interpol, etc. Time will tell, but reading these comments on others experiences makes me look forward to a legal fight that will punish those arrogant and foolish enough to defy the courts order, over twenty years of anger needs an outlet $$.
Europa
I don’t want to get too far into your business, but I have some questions. As you know, you don’t have to answer but share what you can. I am about a year from being able to petition (According to FAC).
Did you go before a local county judge or a higher court? Also how long have you been on the registry? I been on since 1997 when it came out, although my charges are from 1991.
“But they that wait upon the LORD shall renew their strength; they shall mount up with wings as eagles; they shall run, and not be weary; and they shall walk, and not faint.”
Isaiah 40:31
Europa
once I was removed I went to sex crimes unit and she check it FCIC, NCIC, Interpol, etc. and it didnt appear there but as I said earlier Florida didnt delete it till I threaten to sue there ass’ after being off several years..
as for getting off in Florida I was 1 of the first ppl in 2005 to be removed as I was 1 of the first ones to have to comply
no hassles then but now its all about the money
Offense was in 1995, released completely in 2001. Judge granted petition on Nov 9th this year but Iām still waiting for her āorderā to become available. State wanted to argue that I was not eligible due to the AWA but my attorney convinced her that AWA did not apply retro or I would of had to wait for twenty five years to pass.
Funny, the judge was about to rule for the state on another petition from the day before and my attorney convinced her to changer her ruling, that person doesnāt know how lucky they are. So we now have at least two cases in Orange County that have been granted relief.
Do you mind sharing the name of the lawyer. I may give him/her a call and see if they can do anything for me. My Case was from 1991. Released in 1997. Sounds like an awesome lawyer. Please share the lawyers name I will call him/her.
Ron Kleiner
Europa
God bless you my friend. Glad you are still coming on here and sharing your success. It gives the rest of us hope and a goal to move towards.
CJ
Europa
I just had a thought. So they ruled that the AWA cannot be applied retroactively, so why the Hell is it ok to apply the registry retroactively? If I don’t have to wait the 25 years, I shouldn’t to wait at all.
Not saying you know the answer but these rulings never make sense.
That is kind of like saying you cannot drink beer in a bar on Friday nights but can on Saturday nights. What’s the difference?
āthey ruled that the AWA cannot be applied retroactivelyā?
Judge ruled that the argument against the AWA was āsubstantiveā and therefore the AWA was not to be applied retroactively. Perhaps an attorney reading this can offer a more detailed explanation. Bottom line two ruling in favor of the Joseph Wetterling Act (20 years) in Orange County are now case law.
What is the citation to this case? JWA was 10 years registration. Are you confusing state and federal statutes?
I feel like I’ve read this case already – a few times! I wonder if Ann Marie Fitz is aware of the fact that she’s bringing the same (losing) case to the court. The Court will take the stance that since this is not punishment and since there is no “proof of harm” and since the State of Florida has a legitimate desire to protect children, then there’s nothing they can do. I wish I could be more hopeful, but we’ve just seen this over and over again, right?
The other cases were dismissed because of statute of limitations issues.
And who knows which case/which judge/which court will be the one to bring house down. Won’t know unless a case is filed. I just worry about “court fatigue” on this issue.
As I stated, the difference may be but in this case, Florida appears to clearly be violating their own law AND Martin County didnāt force him to register for a goodly of number of years after he moved to Florida and did not attempt to prosecute him for the time that he passed. The facts of the case or even more dodgy than normal. IfFDLE chooses to stick their head in the lions mouth in this case rather than just take the guys information off of the website to avoid the risk, it will be interesting to see if and how the federal court addresses the issue raised regarding him no longer being subject to Floridaās jurisdiction regardless of where he Was initially convicted.
rpsabq
I wish every time a judge states “it is not punishment and since there is no āproof of harmā, A new mole would grow on their faces. We have 1000s of stories of REAL crimes committed us, with even a few deaths from being on the registry. But there is no harm?
Geez,
That Swearingen guy sure gets sued a lot.