Florida can’t move the finish line on removal.
A huge order came out of the 10th Circuit (Florida) in Polk County today. It’s extremely significant for anybody who is nearing the finish line and will become eligible to petition for removal under Florida Statute 943.0435(11).
Florida provides registrants only two opportunities to be removed from the State’s sex offense registry. The first applies only to Romeo and Juliet cases. The second is under 943.0435(11).
Prior to 2007, 943.0435(11) provided an opportunity to petition for relief after 20 years without subsequent arrest. In 2007, the State moved the finish line to 25 years and added a bunch of offenses that would render someone never able to petition for removal.
Today, a Circuit Court Judge ruled that the state can’t move the finish line. That alone, was a decision that is consistent with the same ruling judges in several other Florida Circuits have made, but what makes this one extra special is that the Judge expressly found the “2007 amendment to be punitive in nature”!
It’s rare and so refreshing when a Judge has the integrity to call things as they are.
A copy of the order (redacted, to avoid the petitioner the publicity he is trying to get rid of by seeking the order) can be found here
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The wording of this statute is something that has been troubling to me for some time. As with many such statutes, it is sufficiently vague as to prevent releasing any of us from registration indefinitely. My underlying conviction was in 2005. All sentences were 100% complete in 2006. In 2016, I was arrested for a registry violation due to human error. The charges were never formally filed by the state’s attorney and the case shows “Dropped/Abandoned/No Information” when you look up the case on the Clerk’s website. But there was an arrest, which seems to technically trigger the disqualification clause of the statute. I have not been arrested or charged with anything else.
A more reasonable way to have written the law to permit removal was unless there was a new conviction involving sexual crimes. But as it is written, an arrest for a driving offense or fish and game violation would reset the clock, even if the charges were dropped.
Agreed and this is a significant challenge for some people.
Does the clock start at the date of offense or the date of conviction? In my case, the feds waited more than 3 years to even charge me for an offense they claim occurred in 2006.
Neither. The 20 year clock starts AFTER you are released from probation or prison if you were lucky enough not to get probation, conditional release, or “community control” after prison:
“(11) A sexual offender must maintain registration with the department for the duration of his or her life, unless the sexual offender has received a full pardon or has had a conviction set aside in a postconviction proceeding for any offense that meets the criteria for classifying the person as a sexual offender for purposes of registration. However, a sexual offender:
(a) Who has been lawfully released from confinement, supervision, or sanction, whichever is later, for at least 20 years and has not been arrested for any felony or misdemeanor offense since release;”
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0943/SEC0435.HTM&Title=-%3E2006-%3ECh0943-%3ESection%200435#0943.0435
“sanction” is defined as follows:
“a sanction imposed in this state or in any other jurisdiction includes, but is not limited to, a fine, probation, community control, parole, conditional release, control release, or incarceration in a state prison, federal prison, private correctional facility, or local detention facility;”
The inclusion of “but is not limited to” is horrifying.
In my instance, i have been arrested for volunteering with children. This arrest was brought on by the other parents (my daughter is, rather was, involved with a sports team) who took issue with my being at my daughter’s events and decided to make false statements. So, the registry itself can be the thing that causes you to suffer the false arrest and prevent removal. It makes no matter if the charges are dropped or even if subsequent charges are brought against the parents who lied. Their actions have now sealed my fate (as far as the law stands now).
this is HUGE, especially coming out of Polk County, and for ANY Fl judge to acknowledge anything associated with the registry is punitive
Indeed. Sheriff Grady Judd must be foaming at the mouth in fury.
Husband visited friends in FL about 15 yrs after crime in AZ and has been on FL registry ever since. Can he be removed from FL’s registry now, 23 yrs since AZ conviction (and with no subsequent crimes since conviction in 1997?
Your question is a bit off-topic, but how long has he been off probation?
perhaps you would want to help wit the out of state suit
So what does that mean? That the state can’t enforce the 25 years, only the 20 years?
It means his case was pre-2007 and therefore they can’t increase his time to 25 years.
My case was filed and I was arrested on July 2006, but my conviction date is Feb. 2007. For the purpose of being retroactive, does it matters when in 2007 the law was put in effect?
Im 1996 out of state (ny) and not on public registry there: completed all sanctions 2002. Came to florida Was taken on a poss ftr here in 2016 but they dropped and filed no information and didnt even proceed to indictment: does this help me?
Sorry just still a bit lost if this helps me in any way?
FAC
I think you mean they cannot increase it to 25 years?
My Case was from 1991
They changed me from 20, to 25 and now life for no reason other than because they could. Or at least did anyway
FAC, you mean “25” years?
Sorry, yes. Corrected
You got it right the first time, FAC. His case was pre-2007, and therefore they can’t increase his time to 25 years.
JZ
Funny I asked the same thing above 2 days ago and got no response.
CJ, I try to help out if I happen to see an open question that hasn’t been answered. Glad I could help clear that up.
JZ
Thanks
Divided we fall, together we stand !
GREAT NEWS!!
Ron Kleiner was the attorney on this AGAIN. Why am I not surprised?
Way to go!!
.yea what happened to the 10 year law that was first implemented? Maybe the same judge needs to answer that one!.
Maybe another lawsuit needs to be filed to address this change from 10 to 20 years…..
No need to sue. If the law said 10 years, just file for removal.