FAC requests declaratory statement from FDLE on “Internet Identifiers”
The Florida Action Committee has submitted a Request for Declaratory Statement from the Florida Department of Law Enforcement concerning the recent arrest of several members who have allegedly failed to report “Internet Identifiers” for accounts that probably don’t have to be reported under the Statute and Judge Hinkle’s Order in the Internet Identifier case, or for accounts they don’t even know they have.
Section 120.565 of the Administrative Procedures Act authorizes any substantially affected person to request an agency’s opinion on how a statute, rule, or order applies in particular circumstances.
If the interpretation of the Statute is so subjective and varies depending on which County you register, the entire statute is vulnerable to a constitutional vagueness challenge under the Due Process Clause of the Fourteenth Amendment and under Florida’s Constitution as well.
A copy of the request can be viewed here: Req for FDLE Declaratory Opinion RE Internet Identifiers_Redacted
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EX POST FACTO! Period, end of story!
I would like to know how LE investigated the PFRs and discovered the Google Drives and YouTube accounts to justify making arrests. Any chance on sharing this information, FAC? I am not asking for the names of the defendants, but it would be good to know what LE is up to since these seems like unlawful arrests, as well as which counties/agencies are doing this. If memory serves me correctly, FDLE provided testimony in one of our Ex Post Facto cases to the effect of, they try to avoid making arrests and prefer corrective actions instead. We know that is BS, and it seems these arrests for YouTube and Google Drive accounts (which come with a Google account) prove that what FDLE told that court is a bald face lie.
I’d like to know how LE finds out if someone has an unregistered account. As long as you don’t accidentally provide them that info or attach anything personal to it, how would they know.
I will say this.
Good luck getting FDLE to respond.
I have asked for a sunshine law request on some documentation. I submitted it over 2 months ago and have yet to receive anything even an update when I have asked.
If they are unwilling or unable to respond, the entire statute may be vulnerable to a constitutional vagueness challenge under the Due Process Clause of the Fourteenth Amendment and under Florida’s Constitution as well.
Florida has a pretty solid Public Records Act. You can bring an civil action to enforce the Public Records Act, under §119.12, Florida Statutes. The act provides for the mandatory recovery of reasonable attorney’s fees and costs against an agency that unlawfully withheld public records.
I do have this with my attorney and we are kinda hoping that they continue to not answer.
Will make the civil case we are building against them and the local sherriffs where I am from easier.
Dear FAC, this Mitchell Hamlin Law Review article by Gabriel Aderhold may be helpful:
https://open.mitchellhamline.edu/cgi/viewcontent.cgi?article=1332&context=mhlr