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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Because people are starting to get close to the line where they can petition, the authorities are freaking out thinking there is a mass of ex sex offenders will be walking the streets with no restrictions.
The courts made a path off the registry, but that path makes us jump through so many hoops (Including the cost of a lawyer) that many cannot cover the cost, or the judge just denies the person for no reason other than their past, or they think even after 30 years without another crime, they are “Forever threat” just waiting for an opportunity to pounce on a victim like a Vampire swooping down from a roof.
Law enforcement is not on our side when it comes to being removed and even though I cannot speak for them, I am pretty sure we know what their stance is on the situation of being removed from registration.
* These are all my opinions but many probably agree and could even add to what I have stated.
I thought this was changed under the law https://www.floridalegalfoundation.org/post/florida-just-told-state-agencies-you-don-t-get-the-final-say-anymore
https://www.llw-law.com/articles/local-government-an-agency-no-longer-entitled-to-deference-a-review-of-evans-rowing-club-llc-v-city-of-jacksonville/
The United States Supreme Court ruled in the 2024 Loper Bright case… ruled that Feds no longer a pure view granted this is a state agency case vs a federal case.
(Is this another shot a taking on a Gundy type case but at a State level vs a Federal level)
I don’t see how this is any different. Did his time now an agency says it had powers to determine whether a law applies to a person without an act of congress. Now in the Loper case the Supreme Court said a federal agency can’t make its own rules and be jury judges and executioners.
So it was ruled constitutional in Gundry
https://en.wikipedia.org/wiki/Gundy_v._United_States
But how can the Intelligible Principle doctrine be upheld if the court itself rules and the administration agency oversees it. Seems like this case could test many different interpretations of the new state agency doctrine.
https://www.law.cornell.edu/wex/chevron_deference
How can a state agency be allowed to set the finish, determine the time on the finish line and have final view if a person is allowed off or not. Is that not why we have separation of powers? https://www.llw-law.com/articles/local-government-an-agency-no-longer-entitled-to-deference-a-review-of-evans-rowing-club-llc-v-city-of-jacksonville/
Askew v. Cross Key Waterways, 372 So. 2d 913 (Fla. 1978), the Supreme Court of Florida ruled that giving an administrative commission the power to designate “areas of critical state concern” was an unconstitutional delegation of legislative authority …The court strictly enforced the separation of powers under the Florida Constitution. It held that the legislature cannot give an agency the power to make fundamental policy decisions
So much for judicial finality and the separation of powers. Florida’s political establishment campaigns endlessly against administrative overreach and ‘unelected bureaucrats imposing their will.’ Yet here we see the FDLE asserting unprecedented authority to subvert a court ruling, directly defying the spirit of the Florida Supreme Court’s recent guidance. It turns out ‘limited government’ only applies when the courts rule the way the bureaucracy wants them to.
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
If I recall, the State Supreme Court decision on this was a per curiam affirmance, which does not create precedent.
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.
Amen to that!
From your mouth to God’s ear.. Amen
Francine
I second the motion and stand with you.