EDITED: Bill REQUIRES registration for those with Fines or Fees
Our apologies: a member pointed out the following bill was intended to circumvent a Florida Appellate District Court opinion that someone’s obligation to register does not begin until they have paid off all fines (see: State of Florida vs. Ray La Vel James, Fla. 2nd DCA 2020, Case No. 2D18-2552 (Opinion Filed April 15, 2020))
Florida Senate Bill 162, sponsored by Senator Perry requires registration for those with “any unreleased sanctions related to his or her conviction or who fails to complete a financial obligation imposed on him or her” from exemption or removal from sex offender registration.
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Thanks, that cleared up some confusion I had from the original article.
Veritas.
Good news for the holidays.
Janice Bellucci chalks up a win in the California Supreme Court.
So when will it be illegal for the registry to be put on people who offense occurred in 1991 like me.when I was 18 in high school.I remember specific the state attorney told me that after my 4 years probation I’ll be free from everything I was even on my way to college in another state and now it’s 2020 I’m 47 now and on house arrest due to me not changing my address in time at dmv.And my charge is from 1991 so this ex posto facto would help me immensely so please help me with a time frame or a good attorney I’ve been waiting forever
James was decided on a statutory interpretation. I believe a fine is a punishment so should be a good ex post facto argument if this passes and they try to apply it to past offenses.
Detroit
In Missouri they have already decided in court that any payment for charges what so ever is ex-post facto. That is why when you have to make any changes in information they politely ask you if you could pay the $5 or $10 dollars to cover the paperwork. They know they can’t force you to pay it because it is an illegal charge. But then if you don’t you will be on there black list and they will make your life hell.
So if unpaid fines are actually sanctions, how can the legislature alter the rules relating to “punishment” ex post facto? Perhaps we need to see a mad rush to that DCA that made this ruling. I’m sure that there are a number of people who haven’t paid all of their fines and also, perhaps people like myself who had an obligation to pay for things like therapy for my victim. I’m sure that the state of Florida would consider an obligation like that to be part of sanctions if it came to some thing like someone wanting to register to vote. Might there be an opportunity here for some people they have a court remove them from the registry and then they can move elsewhere or they wouldn’t have to register at all like say Vermont?
Just out of curiosity, did this recent ruling site the fact that the state was insisting that unpaid fines were part of your punishment like incarceration, probation, house arrest etc.?
I am having mixed feelings about this one. I think the politicians are trying to stay ahead of the curve/wave, by enacting laws that “prepare” the way to “removal” from the registry. As we all know “removal” is nearly impossible in this state. Perhaps the lawyers that compose the state legislature, are looking at states like Michigan and saying “oh darn!”. Only time will tell.