Order reopening Clements – Will residency restrictions tip the scales?
Last month we reported that Louis Clements won his appeal in the 11th Circuit. The Appellate court kicked the case back to the trial court, finding that the court didn’t properly consider whether sex offender residency restrictions are severe enough to constitute someone to be “in custody” for purposes of a Habeas Corpus petition.
Today, the Middle District Court entered an order vacating it’s dismissal and reopening the case. “The parties have through November 14, 2025, to conduct any necessary research or discovery on the restrictions and reporting requirements for Florida sex offenders. Within THIRTY (30) DAYS thereafter, Respondent shall brief the Court on whether Florida’s sex offender rules—the residency restrictions combined with the registration and reporting requirements—render a petitioner “in custody” for habeas purposes, even when the petitioner is no longer in physical custody.”
FAC has been in touch with attorneys for Clements and offered our support of this case. We may call upon members impacted by residency restrictions to provide declarations.
You can read the order below:
Clements – Order reopening
Discover more from Florida Action Committee (FAC)
Subscribe to get the latest posts sent to your email.
I hope there is something positive in this case. I committed my crime in Washington State almost 20 years ago. After 10 years, they removed from the registry, in a letter stating I was no longer a threat to society. The wife I met in Washington was originally from Florida and wanted to move back home. So we moved to Florida, I thought I was free from the registry, boy was I wrong. I did my due diligence and checked in with the local sheriff, thinking I was all clear. Well they told me I had to register because I still had to register in Oregon. Background, while I was on the registry in Washington I found a better paying job in Oregon, but to get that job I had to register there as well, while still living in Washington. Turns out that even though the state where I committed my crime said I was no longer a threat, Oregon still requires me to register. I spent $6,000 on an attorney in Oregon who said they could get that changed while I lived in Florida. 4 months after I gave him the money the state said I have to live, work, or go to school in Oregon to be removed. I have been lucky in where I live now. I have a good career and make a good living. I would have to give up everything I have built in the last 5 years. My employer is sympathetic with my situation, but said he would have to replace me, as of last check, I would have to stay in Oregon over a year to get in front of the Parole board. I don’t understand how Florida can impose stricter rules on someone who has been removed from the registry by another state.