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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Question: Did a court order the PFR to register? If so, then a court has the authority to order removal from the registry.
Am I the only one who finds this terrifying and disturbing? With that kind of precedent what’s to stop them from going into any Court proceeding where a person is found innocent of a charge and saying no, we think they’re guilty and they’re going to jail? Plus it’s unconstitutional- the 14th Amendment has a clause separation of powers and the due process clause which specifically states that the executive branch, which includes police agencies, cannot override judicial decisions so how did this even happen? How could a judge even allow it to happen?
Last I checked, the state supreme court supercedes any further ruling on the same subject in a lower court. Stare decicis.
Florida doesn’t know what the left, or right hand is doing, ever. The whole state could shut down, and they wouldn’t even know it.
It is very disappointing. Hopefully, The FAC megasuit will put the FDLE and many more in the backseat and let us get along with our lives when the time comes.
D- Backseat no way. they need to be kicked out of the car. lol
I will say wow FLORIDA just wow. But they got a path forward appeal!! Thank you legal for staying on top of cases like this for all of us.
I am disappointed but no dismayed. I’m planning hopefully on 2027 file for removal.
I don’t live in Florida any longer and believe I have circumstances that are in my favor.
I think I have the right attorney.