The DCA can override all other courts if I’m reading into it correctly

RM,
You are right about the merits but the issue before the Supreme Court will not be whether FDLE is right or wrong, but whether they had standing to appeal.
In Korson, the case that went before the FL Supreme Court, the 2nd circuit also thought that the lower court got it wrong, but the appellant had no standing to appeal and the court had no jurisdiction to reverse.
The Florida Supreme Court then ruled that it had no jurisdiction to take the case.
That came before the Fl supreme court twice.

The 4th DCA held that FDLE has standing to appeal the removal order of the circuit court, and the court further held that the current version of the removal statute should apply, not the 2007 version. This is not a case where FDLE appealed because it disagreed with the circuit court’s judgement on whether the registrant should or should not be removed based on whether he posed a danger to society. Rather, FDLE argued that the removal statute is civil and not criminal in nature, and therefore retroactivity is not an issue, thus the removal order violates the current version of the statute (which it clearly does).

In addition, the registrant who was removed is a Tier III offender under Federal SORNA and therefore has an independent federal duty to register for life. The current Florida removal statute requires 25-year removal to not conflict with Federal SORNA. The 4th DCA articulated why FDLE has standing to appeal the removal order under these circumstances. That is very technical legal issue.

I’m not saying whether I agree or disagree with the 4th DCA on the legal merits. However, I believe everyone needs to read the full opinion before commenting. This case is more about whether the old 20-year removal provision applies to those with offenses that predate the current 25-year removal provision, and that is a much more impactful issue than whether FDLE has standing to appeal, in my opinion. It would obviously be in the best interests of thousands of registrants (including myself) for the Florida Supreme Court to reverse this decision, but that would essentially require the FL Supreme Court to also finally rule on the retroactivity of the removal statute, which it has not been eager to do.

If I recall, the State Supreme Court decision on this was a per curiam affirmance, which does not create precedent.

Well, I wanted to say worse…but you have the right idea…thank you

As soon as I sign up with her for sure I will supply you her name.

Ron Kleiner is a great attorney. He’s on FACs attorney referral page.

I am not living in the state any longer, I am in California. I petitioned to be removed there and it was granted.

Of course, Florida still lists me even though it’s been 25 years. I would love to know the name of who you are using.

I can’t seem to find a competent lawyer…it seems most are in it for the money and will tell you anything to get your money!