Even in Death, the Punishment Continues: The Registry That Doesn’t Let Go
A grim ethical paradox has emerged from Canberra when a convicted sex offender with terminal cancer died by voluntary assisted dying in prison. A victim has mounted a campaign to pass a law that would prohibit voluntary assisted dying (which is apparently legal in Australia) in prison, feeling “robbed” her perpetrator died on his terms. Lawmakers there indicate that they are not inclined to change the law. According to an article in The Canberra Times, Member of Parliament Sue Higginson said she would not support any moves to change the laws, because the prison system was “about justice, not revenge”. “People who are imprisoned, even for terrible crimes, do not deserve to be tortured and must be treated with dignity and respect … this is a matter of law and humanity,” she told AAP.
In Florida, however, the punishment continues in dying and even beyond death. The state keeps deceased individuals on their digital shame board, visible to anyone searching their name. The Florida Sex Offender Registry even has a category for “deceased”! For what purpose? It’s not about safety or monitoring. Having deceased people on the sex offender registry serves no posthumous function other than to continue to shame them even after death.
The practice is just more evidence that the sex offender registry is punishment. If registries are to exist (which we vehemently argue they should not), they should be dynamic — reflecting an individual’s current living risk, not lifetime penance. It’s why organizations such as the Florida Action Committee are fighting to introduce legislation that would remove the elderly, ill and physically or mentally compromised individuals who have no realistic capacity to reoffend from the registry. This would allow them to access assisted living facilities and nursing homes. But in Florida retribution has no end, those who’ve paid their debt — and even died — can never escape public condemnation. This is something that needs to change.
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That depends on the judge, and how they determine the wording of the law. The way itis worded, one could argue that after 25 years of their last offense, like failure to register, they still meet the criteria for petitioning.
Qualifying for a Petition
You may be eligible to petition the court for removal if you meet the following criteria:
25 Crime-Free Years: At least 25 years must have passed since you were released from confinement, supervision, or sanctions, and you must not have been arrested for any felony or misdemeanor offense during that time.
No Disqualifying Conviction: Your original offense cannot be one that would prevent you from being eligible for removal, such as adult sexual battery, kidnapping, or certain lewd and lascivious offenses involving minors.
Not a Predator: You were not designated a sexual predator.
The Petition Process
1. File a Petition with the Court:
You must file a petition with the criminal division of the circuit court where your sentence or disposition occurred.
2. Notice to the State Attorney:
You are required to give the state attorney notice of the petition at least 21 days before the hearing.
3. Court Hearing:
A hearing will be held to determine if you meet the criteria and if removal would conflict with federal law.
4. Court Order:
If the court grants your petition, it will issue a certified court order to remove your information from the registry.
5. FDLE Action:
You must provide this certified court order to the Florida Department of Law Enforcement (FDLE) to have your information removed
You left out an important step in number 2.
Effective October 2024, FDLE is required to be given notice also.
If your retired military can you possibly petition earlier ?
The statute does not specify an earlier petition period for those who served.
I was under the impression that if you have a FTR, you are absolutely ineligible for removal and stuck on the registry for life.
Or any arrest.
So if I have my original charge and a FTR than I can not ever get off florida registry? Any way to fight that
Pray that we can have a second chance in life. My prayers go out every day that this punishment for the registered people and their families will stop.
I think that is something you would need to discuss with the registry office. Sounds like if you do not register in the 90 day period, you could get a registry violation which means you are basically screwed. I have never heard of an extended exception for registration so do your homework.
What I find sad is that a victim, of any crime, often seems to put all or much of their “healing” in revenge. That is what we teach from a young age. I always say to aggravate someone I have to aggravate myself. Who wants to live like that? That does not mean people are not held to account and that should be part of your healing, but that is the thing, you have to find ways to heal. Never ending anger and revenge just continues your own pain. This person who wants this law changed is an example of that and I hate to see anyone continue on a path where they see no way of healing for their own sake.
It’s all about Federal funding. The more people that are on the registry, the more money Florida receives. This is why the registry will never be wiped clean, even after death.
I contacted the Florida department of Law enforcement about that very issue. I was told they keep deceased registered persons on the site so that victims can see that they are no longer a threat and other citizens can as well, giving them some relief.
However, the registrant’s families can pay an attorney to have the deceased registrant removed from the site. So, what does that tell you? It is all about the $$$. So in closing, if the family member(s) do not have the money to hire a lawyer it is just too bad.
I know several personally who died and are still on the registry, including our own F.A.C member the “Captain”. He and his wife were going to meet me for coffee once and he died a few days before we were able to meet.
Im sorry to hear this support is hard to come by. And yes sad but I do have money set aside for when I die. I can be removed off the site after a year waiting by a close friend. I will be out of Florida in March to may next year never to come back. Its all a money scheme
Thought if Im in another state can I raise a case to sue to get my off florida potentially if that state im reside in now deems me good member of society and do not have to register again?
No, I moved from Florida to California when there was life time registration there also. When they went to a tiered system I petitioned the court to be removed and it was granted. Florida will NOT remove you even if you live in a state and are NOT on that state’s registry. It is all about money and never was about child safety. SCAM
What if you have a FTR in Florida and move to California. Can you still be removed?
Not in Florida
So what I am saying is there any course to raise a court case to challenge this. Is there a way or know any presidence this way. Know may be expensive too legally. And yes I recommend and have had those in charge I FDLE say if they where on offender list they never reside in Florida. From local to agents in tallahassee
I’m not clear on what you are saying.
As we have noted in prior updates, FAC’s initial Out of State Challenge filing was withdrawn due to statute of limitations issues as applied to our initial plaintiff. Lawsuits filed by others facing this issue have not been successful.
Our plan is to try again, but under current circumstances, this is not yet the right time to re-file.
Sex offender truth
Since you are still on Florida’s list, do you have to return to register? I know for a while they were making people come back when it was their time to register. I am confused.
If you leave Florida you don’t have to return to re-register unless you reside, work, or are attending school here. There was a never a time when people had to come back to re-register if they left. I hope this addresses your confusion.
I have to register every 3 months. What might I have to do if I have to travel overseas for a period longer than 3 months?