Legal News
FAC Contributor #12 on October 3, 2024 at 5:32 pm
Final arguments were heard challenging the Florida requirement that the message sexual predator must be printed on a driver’s license. The plaintiff, an FAC member from Jacksonville, argued that this requirement is unconstitutionally compelled speech. The plaintiff is represented by attorneys from the Florida Justice Institute in Miami. FJI also challenged the Halloween sign requirement in Duval County previously on behalf of two registrants.
The state’s first defense was that the plaintiff failed to challenge the requirement when he got the first license with the red words in 2014. The plaintiff’s attorneys responded that his renewal in 2020 allowed him to be within the statute of limitations.
In questions to the attorneys, the judge did discuss one issue of why a person forced to register is not like any other resident who is renewing their license. A regular Florida resident could choose not to drive, and they could decline to get a license in 2014 or 2020. But a person forced to register as a sexual predator must always have an ID or driver’s license that contains the words printed in red. The judge observed that failure to carry the ID is a third-degree felony facing five years in prison.
Recent law in other cases in the 11th circuit and Alabama, favor the plaintiff’s argument that the words are unconstitutionally compelled speech.
Judge Corrigan is the Chief Judge and noted he is really busy this year. He said he would work diligently on his opinion, but it would take some time.
This case potentially benefits the entire state.
Thanks to FJI attorneys Ray Tassef and Andrew Udelsman for their latest efforts in this ongoing lawsuit.
So wait a minute – PFRs in Floriduh must carry IDs/paperwork on them all the time? Is that right?
Will Allen
The 2018 Office of Policy Analysis and Government Accountability report indicated that changes from the 2007 legislative period did make provisions that confirm the idea of being obligated to have documentation designating which of the two species you are. In the report, Exhibit A-, page 29, directs the reader to Chapter 2007- 207 (C.S. for S.B. 988), which prescribes an ID marking which species you have been designed by within the legislative agency. Further, it requires possession of the new or updated card. In my opinion, this style of law gives an agency the power to arrest upon non-compliance due to lack of possession. Some agencies might require that you provide the documentation within 48 hours, but it must have been valid before the compliance check got executed. Yes, this is how the United States of America and the State of Florida treat certain citizen species.
It was not stated by the judge that you must have the ID in your possession at all times, but one of the attorneys recommended at the FAC website encourages people to carry it with them.