Ruling allows Tampa man to avoid sex offender registration until he pays $10K fine
The case could upend part of Florida’s sex offender laws, officials say.
A Tampa man who spent 12 years in prison for molesting two young girls at a community pool does not have to register as a sexual offender until he pays a $10,000 fine, two Florida courts have ruled.
A judge in the Hillsborough Circuit Court and a panel of three judges in Florida’s 2nd District Court of Appeal in April said Ray La Vel James has not been released from the sanctions imposed in 2004, and he does not fit the definition of a sexual offender until the fine is paid, according to court records. James was released from prison in 2016 and is listed as a transient in Tampa, records show, but he has not paid the $10,000 fine.
“This would shake up laws across Florida,” Warren said. “It’s a very rigid interpretation of the statute.”
Last week, Florida Attorney General Ashley Moody asked the 16 judges on Florida’s 2nd District Court of Appeal to rehear the case. The April ruling “raises a question of great public importance” for victims of sexual assault, Moody said in a motion for a hearing. The outcome could “have significant practical implications for thousands — and perhaps tens of thousands — of sexual offenders” in Florida, Moody wrote.
It would take the rest of my natural life to pay that $10,000 fine.
My offense was in Virginia. I am no longer on the Virginia registry. Yet, in Florida where I have had zero offenses, I am on the Florida registry. It makes no sense unless one considers $$$ for Florida and if that’s the case then it’s a pretty sleazy way to make money and treat law abiding citizens.
Yeah and from what I hear Florida is 1 of 2 states when someone googles your name pops right up page 1. I think the best thing todo is move back to Florida for 1 week move to another state 1 week then back to VA so at least your current address isn’t listed lol. That’s what I’m doing when I move.
Freddy, thanks for your reply but I am a ‘hard nose vet’ who spent 29 years in service to my country and I am not about to let some ‘snotty nose, two bit’ politicians run me out of my retirement home. I love my neighborhood, get along great with my neighbors, and my kids live nearby. Florida is going to have to learn to adjust to me.
Is there ANY doubt that legislature will fix this next session? What would you say to your legislator?
Do we think this will present an opportunity for people to deliver public testimony regarding the registry law more generally?
Even if they do take it up in next session and change it, could it not be challenged on the basis of ex post facto.
Also how is it this guy is smarter than other high paid attorneys in challenging the wording of these idiot laws?
I would say that such a change already IS being challenged on ex post facto basis (Does v Swearingen), but the challenge will take several years before we know the final outcome.
Not necessarily.
Seems to me that if the legislators try to fix this, then any new law will be ex post facto.
Here’s my thought…
UNQUESTIONABLY the legislature will pass something to address this. Unless we’re successful in the Ex Post Facto plus case, the registry has not been deemed punitive in order to even touch Ex Post Facto.
Someone please fight it using the no vote sanction. Shoot this would be me off probation for dumb ass Registraion violation and get me the hell out of Florida.
Capt
If you are off the Virginia registry you shouldn’t be on Florida’s. You’ve paid your debt that was handed out by the commonwealth of Virginia. My gosh the stupidity of Florida lawmakers; DAs; and law enforcement is truly disgusting. Florida’s attorney general has the right last name moody she sounds like she has PMS 24/7/365 a year.
Interesting. I did not receive any prison time and Irecall being on the registry when I was on probation. Was I wrong? In hindsight, how do I known that I wasn’t on the registry until I was done with what they were calling sanctions at that time, I would’ve left the state The minute the judge early terminated my probation. I had the money back then
You do kind of wonder if this is a little bit of karma for the state trying to say that the fines and costs by people trying to register to vote under the new amendment are “sanctions.”’
True – they can’t really have it both ways. Either a fee is a “sanction” or it’s not.
Of course they can have it both ways. They do it all the time. You don’t honestly think that this guy is coming off the registry anytime soon if ever, do you? Doesn’t matter what the courts say. Until such time as the card off the director of FDLE in handcuffs…
Damn who’s a good attorney in Polk so I don’t fuck this up I’m going through hell on probation from a registration violation would like to move outta state…quickly!
The lawyers on our referral page are very knowledgeable in these areas. If you are looking to transfer probation, it’s not necessarily related to the registry – you might want to ask your criminal defense attorney (the one who represented you on your case).
Legally the only thing that might prevent you from moving out of state is the location that you intend to move to. If you have family within that state that is beneficial to you. You cannot be barred from moving anywhere within Florida even while on probation provided all “not punishment” sanctions are met.
Lmao! Go get em’! I am hunting them down in Miami-Dade no-doubt!!
I was charged with a felony and violated probation for “failure to register” as a S.O., spent 3 months during last years holidays (Nov., Dec., & Jan.) in the can and had to spend 6 months after my release on Comm. Control. before being put back on SO Probation. Worst thing is really that now after 11 years has passed on my original conviction, I now have a fresh felony and this inhibits me from getting certain benefits (loans, jobs, etc.), so you better believe I am going to file a 3.850 to overturn this B.S. trap they have us in. If you think about it, it is idiotically redundant to have those on active supervision to be required to register with the local sheriffs. So after-all, the legislative intent may very well have been for only those that have been released from their supervision be ones required to register. And if not, too late! Let’s all file against this atrocity!
Everytime I report, they always confirm my lifetime federal probationary status. Seems to me that I should be removed from the registry or not be required to regisince I am on lifetime supervised release. Hence, all sanctions of my conviction will never be satisfied.
If you are in the 2nd Circuit (Franklin, Gadsden, Jefferson, Leon, Liberty, and Wakulla) you certainly have good precedent.
It’s ironic (and hypocritical) that the state attorney whines about “a very rigid interpretation of the statute” yet the State, when prosecuting registry violations, insists on that very rigid interpretation to suit its own goals. So which way do you want it, Mr. State Attorney: rigid or not?
As recent events have shown law enforcement has no bounds when it comes to trying to hide , lie ,cover up. Manipulate, alter, a situation to make them look better and to make a conviction even to the point that it sometimes causes death. This being the case ,how can anyone have confidence that a registry of any kind is even any where accurate much less beneficial for anything except punishment, propaganda, and political advancement.while being totally useless besides unconstitutional.
So the Florida AG thinks that all sex offenders committed the crime of sexual assault? To me that’s something an ordinary person on the street would think— Misinformation, uneducated to the truth. A state attorney general should know better.
She’s pandering to victim rights organizations instead of truth and justice. Wait till Lauren Book becomes Governor and Ron Book Attorney General. It’s not matter of if; but when.
When a registrant finds a flaw in the law and it’s wording there’s a loophole which needs fixing, yet when lawmakers find flaws that benefit their wallets the can gets kicked down the road. Perhaps bills shouldn’t be rushed to become laws and be written by someone that’s smarter than a fly on the wall. Florida’s laws make no sense and the state needs true criminal justice reform. Allow ex felons to vote especially if they’re done with the restrictions placed on them by the state of conviction. I’m grateful that I was allowed to vote while I lived in Florida. Nothing like a felon that can monkey up the system of one corrupt state.