Good news in Florida
The Florida 5th District Court of Appeals struck down the state driver’s license designation of labeled Sexual Predator as compelled speech in a 2-1 decision, citing earlier wins in AL and LA over the same compelled speech issue.
“The designation of SEXUAL PREDATOR on a personal driver license, however, is the type of compelled speech that is a step too far as the Louisiana Supreme Court and an Alabama federal court have held. The availability of numbers, symbols, or codes in various colors and fonts, as an example, shows a lack of narrow tailoring and that the government’s compelling interest in protecting the public can be achieved without compelling speech impermissibly.”
While the ruling declared unconstitutional sections 322.212(5)(c) and 322.141(3)(a), Florida Statutes (2021), the ruling is stayed and held in abeyance pending an appeal to the Florida Supreme Court asking the following question;
Does the requirement that a Florida driver license contain the designation SEXUAL PREDATOR for those persons within that category constitute compelled speech that is unconstitutional under the strict scrutiny test?
The Florida Supreme Court would have to go against every finding to date both federally and at the state level to overturn this decision. We shall see.
NOTE: Until the Supreme Court of Florida rules, you are still required to obtain and update your branded license!!!!!!
You can read the Decision Here.
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I wonder if we are challenging this in the wrong way. Rather than fight the registry piecemeal on item at a time could it not be fought by utilizing the 14th Amendments Equal Protection Clause? Do we push for them to create registries for all crimes. Drug Dealers, Murderers, DUI’s, Burglars, Arsonists, Tax Evaders, And any other Felons all would have the same registry requirements as PFR’s. Swamp them with paperwork and Registries to the point that they concede. The 14th should apply due to status. Since we are not afforded the equal protections concerning public scrutiny we could argue that “People have a right to know if a habitual drug user or a person that likes to drive drunk is living in their neighborhood so they can protect their family”. We could continue the argument and demand that Convicted Drug dealers be restricted from living within 1000 feet of schools or going to places where children congregate. This might be a good tactic to employ. Yes it seems counter productive however sometimes you have to fight fire with fire. They have already weaponized the registry against us so why not use it to destroy the registry?
Why is this only about “predator” and not “offender”? My driver’s License has the statute and hologram too. I was never convicted, but am forced to register as a SO. Not a convicted felon, but a convicted SO. The laws have changed so many times that it is impossible keep up. My family would like to move to a nicer home, but we can’t find any info on where we can legally move. I’m about to climb up on my roof and start a hunger strike. Can’t deal with this crap much longer!
Gene
In Florida, Sexual Predator is actually stated on the licenses, whereas those of us listed as sex offender, it does not say that, it just has a statue number. Having said that, any law enforcement who scan our card it comes up as well as other places like the DMV.
They remind me I am an offender every time my license renews. I always thank them for reminding me because all of us always forget we are listed as offenders don’t ya know. If not for those reminders I guess we would all be in prison, right?
And to your concerns, yes it would be nice to not have that on our licenses, but I will take a statue number over having sex offender on my license. My biggest complaint is, if having predator on your license is compelled speech, how is the registry not? Question mark to the 100th power.
Every once in a while, a victory is given and taking the word predator off those people’s license will greatly lower their harm risk. But the registry still harms us on a daily basis depending on who looks at it and what their intentions are. I have had my windows broken with rocks and gun fire, had feces thrown at my house and too many other incidents to take up your time. Cops do nothing about it but tell me to file an online report.