GREAT DECISION: Nassau County (FL) SORR violated Ex Post Facto provisions.
An excellent decision came out of Florida’s Fourth Judicial Circuit (Nassau County) Friday afternoon finding their Sex Offender Residency Restriction (SORR) Unconstitutional as applied to the Defendant (who was charged with violating the County SORR) whose offense date was before the enactment of the SORR.
You can read the decision here: State v Wright – Nassau County SORR Case
The tides are changing!
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So tell me this I’m from brevard and my charge is from 1991.You mean to tell me that the resident restrictions didn’t apply to me? Because I had to move before because I was to close to a park and if this is true I will take off tomorrow and find me an attorney because of this so please let me know asap
CMC may be contrary, but they do raise a point that I have asked about for a while. Has anyone in the day County case or any other similar case argued that the state of Florida has, in fact, already declared that prior to October 1, 2004, residency restrictions were classified as punishment? As I have stated a number of times on this board, residency restrictions were, for the first seven years or so, statutorily mandated special conditions of probation a.k.a. punishment. That should solve the problem of anyone convicted during that time. In short order. Then The lawyers could get on to the more difficult task of arguing that you can’t take something that was punishment, extend its application to application to the lifetime of the defendant regardless of the sentencing guidelines for the specific offense, And then wave some kind of legal magic wand over the bill and declare it to no longer be punishment. FS 775.215 Also clearly states that the application of the section applies to those whose offense occurred after October 1, 2004. Yet these cities and counties a ledge and they have been given the authority to apply there enhanced residency restrictions To anyone who moved into a specific location after a date certain with no regard for when the registrant was convicted. Did I miss something?
With that said, I also must comment on CMC’s remarks about donating. There are times when many of us can’t afford even five dollars much less $5000. I have attempted on several occasions to volunteer to make some kind of “in-kind” contribution as I was an attorney before my offense. I’ve never heard anything back.
Florida State constitution PROHIBITS the Counties from imposing “PUNISHMENT”. So if a State Court rules that the legislators intended 775.215 to punish, than its out of the Counties purview. On the other hand if a Court finds 775.215 to be remedial than it would not preempt the County meaning the County would be free to extend the range and to regulate in the area as it sees fit.
As the Wright Judge Stated no one has ever challenged whether or not 775.215 was intended to be a Punishment.