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
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A person kept on the Florida registry after leaving the state permanently is a clear example of the criminality of the Florida registry. A person on the Florida registry who lives in Colorado serves no purpose whatsoever to keep Floridians safe other than to bring in US government money to support a state supported criminal activity.
I am doing research for a book I am writing re the registry. I have spoken with the authorities in many of the states so far. Turns out that Florida is not the only one guilty of this. Many keep you on the registry when you move out of the state or leave after visiting if you are there long enough to register. And, so far, all that I have talked to already have told me that even for visitors there is a registration fee, i.e. $10 to $500 depending on the state.
Statute of limitations in a situation like this are ridiculous. If you’re no longer residing in a particular state, that state has no business keeping your information on their site to scare people. It shouldn’t matter if he brought the suit 4 days, four months or 4 million years after he moved, the point is that no lawsuit of this kind should even have to be brought because you shouldn’t still be on the registry of a state you no longer live in. That should be the main point. Period. And an attorney should have said that to the judge.
I fail to see how this can fall under statues of limitations when you are registered for life in Florida.
What exactly ran out in 4 years – something that never existed in the first place?
Can someone explain this please as I logic and common sense and thus can not wrap my head around this surreal BS!
They can impose restrictions/punishments on people after their crime was committed, judged, and sentenced and also can extend statutes of limitations for the victim, but statutes of limitations for the convicted are strictly enforced?
They courts look for any and every reason to deny us relief. We have to be perfect in every way to get any relief.
In Florida perfection doesn’t even count. How else could Florida justify government stipends for the registry if it removed the names of those no longer living in Florida…or ‘pushing up daisies’?
This. I think this is just an excuse to throw out a lawsuit by a sex offender, more than anything.
But wait… but… he’s going to be on their registry for a LIFETIME… how do the statutes have a limitation here?
Is he still on the registry?
If the answer is yes – then I think the case would still have standing.
All – the court was saying he needed to bring this case within 4 years of leaving.
He should have vacationed in FL for a few days and the clock should have restarted since he was present in a temporary residence. His lawyer should have known this would happen and advised him…
Wait would this actually work?
I have been out of the sh^thole AKA Florida since 2005 so very similar situation to this example.
Seriously – I am ready to do that if so! I will hit the 20 year mark next April 2021.
If they can use bullsh^t technicalities as they wish then it is fair play that we are also allowed that strategy.
Thoughts?
The removal petition has a better shot – it’s tried and true, whereas another challenge hasn’t.
FAC, we all get it. The issue is that no one should have to petition or sue to get off the registry in the state they move out of. Imagine if you moved from FL to AZ but FL still required you to register your vehicle in FL.
There should be no limitations on when someone can sue to be removed from something they should no longer have been obliged to.
If the judge had an ounce of sense, he/she would have taken into consideration the fact that people not living in FL are still swelling up the FL registry for no reason. That said, the judge could have overruled the limitations and blasted the state’s attorney as to why people who no longer reside here are still listed on the registry here. Or who are deceased.
Unfortunately, many judges are business-men too.
More than half of people on Florida’s registry are either out of state, incarcerated or dead.
There are other states that list incarcerated offenders, but I’ve never heard of any other state that lists out of state or dead offenders.