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
Discover more from Florida Action Committee (FAC)
Subscribe to get the latest posts sent to your email.
Fantastic news for me. I was registered in 2003 back when i was 23 years old for hooking up with a girl who lied about her age. so that means only 3 more years left and i can petition to get off this stupid thing. I’ve lived in another state over 5 years now never been in trouble before this or after this. This would be a gigantic stone off my chest.
Scott
It is great news but raises questions. First off, just because we CAN petition doesn’t mean we will be granted relief. (Depends on the judge).
But my bigger question is, if you are denied, how long do you have to wait to try again? And can you appeal? So many questions, so few answers. That shows just how messed up the registry is. Law makers just throw crap at the wall and hope it sticks. It is up to us to spend untold millions (Collectively) to fight these BS so called “Non punitive” laws.
It does seem however that there is less pushback when one individual goes before a judge for relief than when an entire class of plaintiffs pushes for an action. The Government would rather lose one registrant rather than 1000s.
That’s the hole point we spend billions to keep “Law and Order” progressing and we are being used to fill the gap of criminals vs who is benefiting from us being prosecuted a second time for a non criminal like act victimless crime that’s retroactive (violating one of the registry rules). If the registry ended tomorrow tons of money wouldn’t be generated and people would be out of a job we aren’t just fighting the bull shit laws named after family’s that were devastated by horrific crimes we had nothing todo with we are fighting law and order, judges that want to be appointed or elected again, politicians that use us to get elected. I studied economics for 4 years I get it. Attorney have told me the same thing 2 different ones. They also had to “stay in line” on sex offender issues” one of my attorneys very smart guy would bounce dozens of cases off me show me videos after a while I realized he was pre trying the case for my reactions etc. during one of my after designation registry violations. He was good but he told me about a trial he had beating the state how some other attorneys and DA downed him even though he beat them with law and in my case I noticed he was timed to fight motions that were denied without prejudice he swore he was correct on so maybe he wasn’t so good for me.
Jack
But those same defense lawyers who are afraid to look soft on sex offenders (There is nothing soft about doing what is right) will help get relief for a guy who just murdered the entire residence of a nursing home full of sweet old ladies.
AND, as much as it pains me to say, even the Grandma killer deserve a fair defense, even if guilty as the day is long.
I get lawyers all the time wanting to take my case but they all want an amount that seems extreme to just get a correction on my designation. Then of course they always tell you “I am 100000% sure you were sentenced illegally” but that ” If we lose, tough turds, still got to pay and no guarantees”.
That is good news. I suppose I’ll never understand, and maybe my memory fails me but, prior to the 20 year stipulation I thought the term was 10 years and was changed mid 90’s. What’s the difference from moving the goal posts then?
The way they word the statute, any arrest for a simple misdemeanor or felony will prevent one from ever being able to petition for removal.
How can this ruling help registrants not in the 10th
Circuit?
DQ, this decision is not binding precedent in any other court. It is only persuasive. This decision was made by only one judge at the trial court level, not a panel of judges at the appellate court level. Therfore it is simply persuasive.
Take any victory that you can, no matter how small.
It appears that all registrants can petition for removal after either 20 or 25 years in Florida. Everyone on the registry should petition for removal as soon as they are eligible. Registrants in Florida should push for removal instructions to be placed on their registration forms so every registrant is made aware of this.
One suggestion would be to recognize that legislators, law enforcement, prisons (state and private), and some judges will do everything to protect their income. Pure and simple. The court process is like a pinball game with issues won and lost repeatedly. One approach would be to educate yourselves and then educate the masses who are unaware and thus the voters.
Very promising development indeed. Noticing that the cases defendant through his lawyer relied on to persuade the judge were out of state cases (OK, NC, Ohio). Don’t we have Florida case law that would support the proposition that retroactively moving a date goalpost for legal relief from sanction is punishment, in a criminal law context (not necessarily SOR-related)?
Yes, this one.
As I read this, it does not appear to be binding precedent. Rather it is persuasive, meaning another court does not have to follow the ruling that the amended law is punitive. Also, all sanctions of conviction must be completed (ie. all prison, all probation, and all finest? Am I correct in that assessment?
Correct