11th Circuit reminds us of Statute of Limitations
Today the 11th Circuit Court of Appeals denied the appeal of an out of state registrant who was kept on Florida’s public registry long after he moved out of the state. The appeal (and underlying Trial Court decision) were not based on the merits of an “out of state” challenge, but on a technicality. The registrant left the state in 2004 and did not bring his lawsuit until 2018, far beyond the 4-year statute of limitations in which he could bring a lawsuit.
The decision was not unexpected and not detrimental to anyone wanting to bring an out-of-state challenge, it was just a reminder that suits need to be timely brought.
The Court’s decision can be found here: McGroarty – Appllate Decision
Discover more from Florida Action Committee (FAC)
Subscribe to get the latest posts sent to your email.
The argument made by that attorney seems sound. If the issue prohibiting this case from continuing is a 4 year Statute of Limitations then a case should be brought by someone if not them, to argue that a time based Statute of Limitations on a circumstance that is deemed a “Lifetime” mandate should be vacated.
I know lots of people think it’s only Florida it keeps you on the registry. But I’ve said this before. Doing research for a book I have discovered after talking to every state that every state is different and that there are many It keep It keep you on the registry when you leave their state.Just as an example, take a look at arkansas’s laws. Even if you’re a visitor and stay long enough to require registration when you go back to your home state they still consider you a resident and keep you on the registry. They just list your home address as your address on their registry when you leave their state.
The statute of limitations issue is a black letter law created by the legislature. Being fair or not or logical or not does not is irrelevant here. Judges are required to follow a law if it is distinct and binding unless it is appealed to a higher court that can find it unconstitutional somehow. The prosecutor is not to blame either the words of the law are. This needs to be taken up with your legislators or a suit filed against the state with evidence this is unlawful. Florida isn’t the only state that does this. There are many.
I imagine I have the perfect case to challenge the out-of-state case.
Last year, I was kidnapped, trafficked across state lines, and held for ransom by Broward County. I have never resided in Florida. Yet, I was forced to register even after the ransom was paid. Since this has been a year and a half, I’m still within the 4 year term.
True!