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	<title>
	Comments on: Clements Loses Habeas Petition in the Middle District	</title>
	<atom:link href="https://floridaactioncommittee.org/clements-loses-habeas-petition-in-the-middle-district/feed/" rel="self" type="application/rss+xml" />
	<link>https://floridaactioncommittee.org/clements-loses-habeas-petition-in-the-middle-district/</link>
	<description>Reforming Florida’s Sex Offender Registry Laws</description>
	<lastBuildDate>Sat, 03 Oct 2026 03:25:58 +0000</lastBuildDate>
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	<item>
		<title>
		By: LMC		</title>
		<link>https://floridaactioncommittee.org/clements-loses-habeas-petition-in-the-middle-district/comment-page-1/#comment-77155</link>

		<dc:creator><![CDATA[LMC]]></dc:creator>
		<pubDate>Sat, 03 Oct 2026 03:25:58 +0000</pubDate>
		<guid isPermaLink="false">https://floridaactioncommittee.org/?p=28342#comment-77155</guid>

					<description><![CDATA[FEAR NOT. Neither the State or the Judge followed the assignment handed to them by the 11th cir. The 11th Circuit&#039;s explicit remand directive in Clements II was a specific instruction: build a factual record regarding Florida&#039;s residency buffer zones to see if the physical restrictions on your liberty &quot;push the scale&quot; over the threshold into a restriction on movement severe enough to constitute custody. 
By retreating into old, generic arguments about &quot;collateral consequences&quot; and AEDPA time gaps, Judge Chappell did not rule on the specific assignment she was given. She essentially recycled the state&#039;s boilerplate immunity arguments instead of conducting the targeted, reality-based &quot;effects&quot; analysis the appellate panel demanded. Clements II forced the state and a federal judge to bend over backward using procedural technicalities just to avoid looking at the raw, punitive reality of what they are enforcing. When federal District Judges are faced with a chance to make sweeping, ground-breaking constitutional law, their default institutional reflex is almost always to find a procedural off-ramp and pass the buck back up to the Court of Appeals. The District Court treated this as &quot;above my pay grade&quot;. Had it been filed in the Northern District of Florida where the FAC case was filed (not allowed by statute) things may have been different.]]></description>
			<content:encoded><![CDATA[<p>FEAR NOT. Neither the State or the Judge followed the assignment handed to them by the 11th cir. The 11th Circuit&#8217;s explicit remand directive in Clements II was a specific instruction: build a factual record regarding Florida&#8217;s residency buffer zones to see if the physical restrictions on your liberty &#8220;push the scale&#8221; over the threshold into a restriction on movement severe enough to constitute custody.<br />
By retreating into old, generic arguments about &#8220;collateral consequences&#8221; and AEDPA time gaps, Judge Chappell did not rule on the specific assignment she was given. She essentially recycled the state&#8217;s boilerplate immunity arguments instead of conducting the targeted, reality-based &#8220;effects&#8221; analysis the appellate panel demanded. Clements II forced the state and a federal judge to bend over backward using procedural technicalities just to avoid looking at the raw, punitive reality of what they are enforcing. When federal District Judges are faced with a chance to make sweeping, ground-breaking constitutional law, their default institutional reflex is almost always to find a procedural off-ramp and pass the buck back up to the Court of Appeals. The District Court treated this as &#8220;above my pay grade&#8221;. Had it been filed in the Northern District of Florida where the FAC case was filed (not allowed by statute) things may have been different.</p>
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		<title>
		By: CherokeeJack		</title>
		<link>https://floridaactioncommittee.org/clements-loses-habeas-petition-in-the-middle-district/comment-page-1/#comment-77117</link>

		<dc:creator><![CDATA[CherokeeJack]]></dc:creator>
		<pubDate>Thu, 01 Oct 2026 15:59:09 +0000</pubDate>
		<guid isPermaLink="false">https://floridaactioncommittee.org/?p=28342#comment-77117</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://floridaactioncommittee.org/clements-loses-habeas-petition-in-the-middle-district/comment-page-1/#comment-77114&quot;&gt;FactsShouldMatter&lt;/a&gt;.

Facts

I have to register 4 times a year and get my fingerprints four times a year and maybe more if I go in for any changes (I do not trust the on the computer changes and I also want paperwork proof I was there).
What is funny, I register four times a year, but I get a home visit 1 or 2 times a year. It is quick and professional and none of the deputies give me grief, unlike a city I used to live in and was a living hell. 
Most of the people at the registration office are nice unless you give them grief, which I have seen some registrants cuss out the workers right there in the lobby then storm out. Not sure how that ended, as the workers are just doing there job, not their fault we are on the registry.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://floridaactioncommittee.org/clements-loses-habeas-petition-in-the-middle-district/comment-page-1/#comment-77114">FactsShouldMatter</a>.</p>
<p>Facts</p>
<p>I have to register 4 times a year and get my fingerprints four times a year and maybe more if I go in for any changes (I do not trust the on the computer changes and I also want paperwork proof I was there).<br />
What is funny, I register four times a year, but I get a home visit 1 or 2 times a year. It is quick and professional and none of the deputies give me grief, unlike a city I used to live in and was a living hell.<br />
Most of the people at the registration office are nice unless you give them grief, which I have seen some registrants cuss out the workers right there in the lobby then storm out. Not sure how that ended, as the workers are just doing there job, not their fault we are on the registry.</p>
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		<title>
		By: FactsShouldMatter		</title>
		<link>https://floridaactioncommittee.org/clements-loses-habeas-petition-in-the-middle-district/comment-page-1/#comment-77114</link>

		<dc:creator><![CDATA[FactsShouldMatter]]></dc:creator>
		<pubDate>Thu, 01 Oct 2026 14:20:48 +0000</pubDate>
		<guid isPermaLink="false">https://floridaactioncommittee.org/?p=28342#comment-77114</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://floridaactioncommittee.org/clements-loses-habeas-petition-in-the-middle-district/comment-page-1/#comment-77095&quot;&gt;JJJJ&lt;/a&gt;.

Of course the ENTIRE registry scheme is a form of custudy because you cannot opt-out. 

Someone correct me if I&#039;m wrong, but aren&#039;t you in custody when you being subjected to giving your fingerprints under constraint with no opt-out?  Last time I checked, the only time your &quot;booked&quot; (which fingerprinting falls under that procedure) is when &lt;b&gt;you are in custody. &lt;/b&gt;

Even if that&#039;s ONLY 1% custody out of the year, it&#039;s still a result of the registry being a catalyst for that custody which means the registry IS a valid form of custody.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://floridaactioncommittee.org/clements-loses-habeas-petition-in-the-middle-district/comment-page-1/#comment-77095">JJJJ</a>.</p>
<p>Of course the ENTIRE registry scheme is a form of custudy because you cannot opt-out. </p>
<p>Someone correct me if I&#8217;m wrong, but aren&#8217;t you in custody when you being subjected to giving your fingerprints under constraint with no opt-out?  Last time I checked, the only time your &#8220;booked&#8221; (which fingerprinting falls under that procedure) is when <b>you are in custody. </b></p>
<p>Even if that&#8217;s ONLY 1% custody out of the year, it&#8217;s still a result of the registry being a catalyst for that custody which means the registry IS a valid form of custody.</p>
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		<title>
		By: CherokeeJack		</title>
		<link>https://floridaactioncommittee.org/clements-loses-habeas-petition-in-the-middle-district/comment-page-1/#comment-77107</link>

		<dc:creator><![CDATA[CherokeeJack]]></dc:creator>
		<pubDate>Wed, 30 Sep 2026 23:47:56 +0000</pubDate>
		<guid isPermaLink="false">https://floridaactioncommittee.org/?p=28342#comment-77107</guid>

					<description><![CDATA[FAC

Yes, I was referring to Florida&#039;s situation. There have been removals in Florida, most by Lawyer Ron, but it is hit or miss in Florida depending on the judge and the circumstances of our crime (s). I know several that have petitioned and not been removed. 

Also I have heard from two different experts and some say if you get denied you can never re-petition and someone on FAC a while back stated they had gone 3 times and the third time was a charm. So it has to not be the law, but the judge you get?]]></description>
			<content:encoded><![CDATA[<p>FAC</p>
<p>Yes, I was referring to Florida&#8217;s situation. There have been removals in Florida, most by Lawyer Ron, but it is hit or miss in Florida depending on the judge and the circumstances of our crime (s). I know several that have petitioned and not been removed. </p>
<p>Also I have heard from two different experts and some say if you get denied you can never re-petition and someone on FAC a while back stated they had gone 3 times and the third time was a charm. So it has to not be the law, but the judge you get?</p>
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		<title>
		By: FAC Contributor #12		</title>
		<link>https://floridaactioncommittee.org/clements-loses-habeas-petition-in-the-middle-district/comment-page-1/#comment-77106</link>

		<dc:creator><![CDATA[FAC Contributor #12]]></dc:creator>
		<pubDate>Wed, 30 Sep 2026 23:36:02 +0000</pubDate>
		<guid isPermaLink="false">https://floridaactioncommittee.org/?p=28342#comment-77106</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://floridaactioncommittee.org/clements-loses-habeas-petition-in-the-middle-district/comment-page-1/#comment-77105&quot;&gt;CherokeeJack&lt;/a&gt;.

Jack, were you aware that in Michigan, more than 20,000 people were removed from the registry last month as the result of a unanimous state supreme court holding?]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://floridaactioncommittee.org/clements-loses-habeas-petition-in-the-middle-district/comment-page-1/#comment-77105">CherokeeJack</a>.</p>
<p>Jack, were you aware that in Michigan, more than 20,000 people were removed from the registry last month as the result of a unanimous state supreme court holding?</p>
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		<item>
		<title>
		By: CherokeeJack		</title>
		<link>https://floridaactioncommittee.org/clements-loses-habeas-petition-in-the-middle-district/comment-page-1/#comment-77105</link>

		<dc:creator><![CDATA[CherokeeJack]]></dc:creator>
		<pubDate>Wed, 30 Sep 2026 23:28:54 +0000</pubDate>
		<guid isPermaLink="false">https://floridaactioncommittee.org/?p=28342#comment-77105</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://floridaactioncommittee.org/clements-loses-habeas-petition-in-the-middle-district/comment-page-1/#comment-77093&quot;&gt;Tereto&lt;/a&gt;.

Tereto

It was once stated:
“With great power there must also come—great responsibility,”.

Not bashing any judge but I think the majority of them do not want to be associated with removing an ex-sex offender. They can get away with it because almost no one wants to associate with us, for obvious reasons. Funny though, if you do get removed, you all of a sudden become a normal citizen again? Like take the magic pill and we are good to go.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://floridaactioncommittee.org/clements-loses-habeas-petition-in-the-middle-district/comment-page-1/#comment-77093">Tereto</a>.</p>
<p>Tereto</p>
<p>It was once stated:<br />
“With great power there must also come—great responsibility,”.</p>
<p>Not bashing any judge but I think the majority of them do not want to be associated with removing an ex-sex offender. They can get away with it because almost no one wants to associate with us, for obvious reasons. Funny though, if you do get removed, you all of a sudden become a normal citizen again? Like take the magic pill and we are good to go.</p>
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		<title>
		By: TS		</title>
		<link>https://floridaactioncommittee.org/clements-loses-habeas-petition-in-the-middle-district/comment-page-1/#comment-77102</link>

		<dc:creator><![CDATA[TS]]></dc:creator>
		<pubDate>Wed, 30 Sep 2026 23:16:52 +0000</pubDate>
		<guid isPermaLink="false">https://floridaactioncommittee.org/?p=28342#comment-77102</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://floridaactioncommittee.org/clements-loses-habeas-petition-in-the-middle-district/comment-page-1/#comment-77095&quot;&gt;JJJJ&lt;/a&gt;.

Silence is the activation of your 5A right (if appropriate) and your 1A right to not speak overall. Either of these cannot be held you against if the atty is worth their salt since the govt (i.e., LE) cannot compel you to speak in violation of 1A overall regardless.  People have not been willing to challenge 1A due to the hassle it would come with.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://floridaactioncommittee.org/clements-loses-habeas-petition-in-the-middle-district/comment-page-1/#comment-77095">JJJJ</a>.</p>
<p>Silence is the activation of your 5A right (if appropriate) and your 1A right to not speak overall. Either of these cannot be held you against if the atty is worth their salt since the govt (i.e., LE) cannot compel you to speak in violation of 1A overall regardless.  People have not been willing to challenge 1A due to the hassle it would come with.</p>
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		<title>
		By: Curious		</title>
		<link>https://floridaactioncommittee.org/clements-loses-habeas-petition-in-the-middle-district/comment-page-1/#comment-77101</link>

		<dc:creator><![CDATA[Curious]]></dc:creator>
		<pubDate>Wed, 30 Sep 2026 23:13:24 +0000</pubDate>
		<guid isPermaLink="false">https://floridaactioncommittee.org/?p=28342#comment-77101</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://floridaactioncommittee.org/clements-loses-habeas-petition-in-the-middle-district/comment-page-1/#comment-77095&quot;&gt;JJJJ&lt;/a&gt;.

Dear JJJJ,

I have always wondered about the 5th amendment issue you mentioned. We don&#039;t provide our information to law enforcement voluntarily. We do it under threat of arrest and prosecution. The 11th Circuit has said en banc that the touchstone of the 5th amendment is compulsion. See https://case-law.vlex.com/vid/u-s-v-gecas-892567390. We are compelled by law and/or court orders to provide our information, but no lawyers seem to raise this issue. If they have, I missed it.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://floridaactioncommittee.org/clements-loses-habeas-petition-in-the-middle-district/comment-page-1/#comment-77095">JJJJ</a>.</p>
<p>Dear JJJJ,</p>
<p>I have always wondered about the 5th amendment issue you mentioned. We don&#8217;t provide our information to law enforcement voluntarily. We do it under threat of arrest and prosecution. The 11th Circuit has said en banc that the touchstone of the 5th amendment is compulsion. See <a href="https://case-law.vlex.com/vid/u-s-v-gecas-892567390" rel="nofollow ugc">https://case-law.vlex.com/vid/u-s-v-gecas-892567390</a>. We are compelled by law and/or court orders to provide our information, but no lawyers seem to raise this issue. If they have, I missed it.</p>
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		<title>
		By: JJJJ		</title>
		<link>https://floridaactioncommittee.org/clements-loses-habeas-petition-in-the-middle-district/comment-page-1/#comment-77095</link>

		<dc:creator><![CDATA[JJJJ]]></dc:creator>
		<pubDate>Wed, 30 Sep 2026 22:29:41 +0000</pubDate>
		<guid isPermaLink="false">https://floridaactioncommittee.org/?p=28342#comment-77095</guid>

					<description><![CDATA[In my opinion, not only is having one&#039;s residency restricted &quot;being in custody&quot;, but also being required to report in person to a jail facility (when one is under no criminal sanction nor any credible suspicion of a crime) is certainly &quot;being in custody&quot;. 

Furthermore, one has no right to silence during these forced interrogations. Silence will get you a felony failure to register.

So, they force us to report into custody and then interrogate us with no right of silence! Some one of these happy lil&#039; ole&#039; days someone&#039;s going to object most strenuously! This is, after all, virtually the textbook definition of tyranny.]]></description>
			<content:encoded><![CDATA[<p>In my opinion, not only is having one&#8217;s residency restricted &#8220;being in custody&#8221;, but also being required to report in person to a jail facility (when one is under no criminal sanction nor any credible suspicion of a crime) is certainly &#8220;being in custody&#8221;. </p>
<p>Furthermore, one has no right to silence during these forced interrogations. Silence will get you a felony failure to register.</p>
<p>So, they force us to report into custody and then interrogate us with no right of silence! Some one of these happy lil&#8217; ole&#8217; days someone&#8217;s going to object most strenuously! This is, after all, virtually the textbook definition of tyranny.</p>
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		<title>
		By: Tereto		</title>
		<link>https://floridaactioncommittee.org/clements-loses-habeas-petition-in-the-middle-district/comment-page-1/#comment-77093</link>

		<dc:creator><![CDATA[Tereto]]></dc:creator>
		<pubDate>Wed, 30 Sep 2026 20:48:06 +0000</pubDate>
		<guid isPermaLink="false">https://floridaactioncommittee.org/?p=28342#comment-77093</guid>

					<description><![CDATA[It shows that the majority of justices, are biased, is what it shows.]]></description>
			<content:encoded><![CDATA[<p>It shows that the majority of justices, are biased, is what it shows.</p>
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