Challenge has been met, but Donors say KEEP ON GOING.  Matching funds have increased and will continue to Double Donations received by Dec 19. 

The goal of the Ex Post Facto (EPF) legal challenge is to have the Florida registry recognized as punitive rather than administrative. The most immediate consequence of this would be that only laws and requirements active at the time of offense could be applied to a person required to register. If you are not familiar with the Timeline of Added Registry Restrictions, Click Here to Download the Timeline  or this shorter version of the timeline.

FAC received a matching funds pledge of up to $4,000 if we can raise $4,000 in individual donations in 40 days.   Between today Wed Nov 10 and Sun Dec 19 your donations to the ExPost Facto challenges will be DOUBLED.

If 40 donors give $100 each by Dec 19th, or 400 donors give $10 each, then a total of $8,000 will be added to the ExPost Facto Sustainer for 2021 on December 20, 2021– WE CAN DO THIS!

Reaching an additional $8,000 by Dec 19th will still fall short of the $25,000 goal for 2021, but it will certainly bring us closer.

As of 10/18/2021, the two Ex Post Facto (EPF) cases filed by the attorneys have been fully briefed and pending decisions. As of July 2021, the EPF I case (in the 11th Circuit Court of Appeals) has been fully briefed (i.e., initial brief, government’s answer brief, Doe’s reply brief) and there was a supplemental authority filed in August 2021. At this point, we wait for the 11th Circuit to render a decision and there is no time limit or guidepost to gauge how long we will need to wait.

The Ex Post Facto II case (in the Northern District of Florida) is also pending a decision on the State’s motion to dismiss. This case is similar to EPF I except the plaintiff did not have a Statute of Limitations issue. To the contrary, the state argued that Doe’s case is not ripe because Doe hadn’t been arrested for any violations.

Therefore, on one hand (EPF I) the state argues that is too late to file as a result of a recently imposed 4-year statute of limitations, as though one should have had a crystal ball to know what the restrictions would be 4, 10, or even 20 years from their sentencing date.  On the other hand (EPF II), the state argues that Doe is too early.  By that logic the only way to have standing is to get arrested for a violation within 4 years of being added to the registry.

FAC needs your help to keep these cases going.  With your continued support, we can sustain the strength of our arguments with expert testimony and the like, as well as cover other costs associated with cases of this magnitude.

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