A disappointing decision in a Florida removal case, but one that may not be the last word
The Fourth District Court of Appeal has reversed a Broward County court order that removed a registrant from Florida’s sex offender registry, ruling that FDLE has the authority to challenge a trial court’s removal order.
This is a deeply disappointing decision for registrants and for anyone who believes that courts — not administrative agencies — should have the final say in judicial proceedings. This was also the first Florida appellate decision holding that FDLE can do this. That is significant because just a few weeks ago, the Florida Supreme Court reached a completely different conclusion in a similar case, leaving us with an important conflict that needs to be resolved.
FAC has spoken with the attorney representing the petitioner in this case, and an appeal will likely be forthcoming. FAC will continue to follow this case closely and keep our members informed.
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Soon as I read the first few lines I said, but wait did the Florida Supremes, just rule on this. So…. how can the State appeals court rule the opposite? I thought they were bound by a higher court ruling? I guess the freedom for the PFR was short-lived. Unless he had to stay the registry pending appeal. Also does this help a possible argument similar to Gundy. Even though the SCOTUS was split 4-4 and the law held it might be a back doorway in again. Does the Florida Statute give explicit authority to FDLE to universally make those decisions?
different petitioner
This will not be very complimentary so I hope the moderators do not remove it. Since when has law enforcement ever had the ability to truly make decent decisions. They should have NO ability to be able to override the Supreme Court. I used to think DeSantis was a decent leader, but he comes off anymore as a little Hitler. Cant stand him.
Father, God, we appeal to heaven on behalf of the appeal in court we believe is forth coming. We seek release from over reaching agencies and individuals who impose senseless restrictions on those who have already paid their debt. Dismantle and Remove the registry as it stands today. Stop the life sentence of the registry not only in Florida but throughout America. Bring victory in Jesus Name.