This is the first time I have ever heard that a conviction under Fla Stat 800.04 is a Tier I offense under SORNA. Everything I have ever read from the government states that it is Tier III. I moved from Florida to SC back in 2003; was convicted in Fla in 2002 under 800.04. If anyone knows; how would you challenge your SORNA Tier. If I am actually Tier 1; I would now qualify in SC to be removed from the registry in SC as well as with the Fed Gov’t. Thank you for any help!!

Pro Se works; keep fighting! Prayers for you.

The above legal argument strikes me as quite novel.

It was a federal charge. And no, I am not petitioning the State for “consideration” of removal from Florida’s registry. The civil complaint asserts an “as-applied” infringement of my State fundamental rights in violation of substantive due process under the Florida constitution. Under strict scrutiny analysis, my argument is that the least restrictive means for infringing on my fundamental rights under the Florida constitution would be to subject me to SORNA’s federal minimum requirements. Thus, since I have satisfied those requirements and the federal court has terminated my duty to register under federal law, the State must likewise do so in order to correct these constitutional infirmities.

We are in touch with Kyle, very closely.
Everyone realizes that a win would be very positive and could potentially be used to help others. A loss would be very negative and could potentially be used to hurt others.
As an organization, we discourage ProSe litigation that could impact future cases. ProSe bad precedent has constantly been thrown in the face of litigants who come behind them. If someone is intent on filing and cannot afford representation, everyone has the right to their day in court.
Kyle might also consider not discussing details of an open case in a public forum.

So your saying your a Tier 1 on the Feds leveling system and have gone 15 years since convection or 10 years with no arrest and now your suing Florida since they won’t grant consideration for removal?
If so please keep us updated since this could be useful to people. Also downside I see if you do win what is “consideration” seems kind of vague. Also was it a state or fed charge?

FAC Legal, you might consider weighing in on this. A positive outcome for Kyle could also be positive for many other families. A negative outcome, well, Kyle expressed it best.

The civil complaint I filed is pro se. It is filed in State, not federal court. The complaint challenges violations of my State constitutional rights, not federal. All of my challenges have been pro se. My lifetime supervised release was terminated early because of my pro se filing. My federal duty to register as a Tier I offender under SORNA was terminated due to my pro se filing. So, I choose to fight for me and my family. If I lose and a bad precedent is set, so be it. My complaint is currently at the ‘motion to dismiss’ stage. Its been 5 months.

Whenever I see comments such as ‘I have filed…’ on this forum, I have reactions such as the one above.

The above may benefit from guidance from FAC Legal Committee. I don’t know whether it’s pro se, but we do want it to set good precedent, plus it appears to duplicate existing challenges funded through our Legal Fund.