Last week, the attorneys for the Plaintiff in the ExPost Facto II lawsuit filed a motion for summary judgment that you can read here.
FDLE filed their motion for summary judgement that you can read here.
In the FDLE summary judgement, they make certain statements that are inconsistent with reports we have received from members.
Below are four points made in the FDLE summary that are concerning. If you have been arrested as a result of one of these situations, please respond ASAP to [email protected] or call 833-273-7325 Option 1. You will need to support your story with a copy of the arrest record or a sworn declaration (affidavit).
1) At paragraph 9, p. 5, state says “Arrests do not occur unless the registrant willfully intended to violate FSORNA, has been notified, and fails/refuses to comply”
FAC would like to hear from any members who have been arrested, or know someone who has been arrested, for Failure to Register (FTR) for conduct that was not willful and intentional, or who was not offered an opportunity to comply before being arrested.
2) At paragraph 13, p. 6, state says “No Florida registrant with a permanent registered address has ever been arrested or convicted for failing to report a temporary address.”
FAC would like to hear from members if they, or someone they know, has ever been arrested for failing to report a temporary address.
3) At paragraph 15, state says that in Lafayette County and “in other jurisdictions as well,” a registrant who travels more than once to the same temporary address, can make one report of that temporary address and continue to go there without having to make another report. This would apply to a vacation home, or time share, fishing cabin, homes of friends or family members.
FAC would like to hear from members who have been required, or know someone who has been required, to report that they are going back to that temporary address after a first report.
4) At paragraphs 28 and 29, state says when a registrant forgets or fails to make a report, the local law enforcement agency “makes several attempts to contact the registrant and coordinate with him/her to come in and register.” The registrant will be arrested only after “several attempts” have failed to get him/her to comply.
FAC would like to hear from members who have been arrested for failing to register or report without the sheriff having first made “several attempts” to secure compliance.
Your immediate response is needed.