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 no arrests clause is another trap other states use subsequent conversations as a measuring stick this just another way to keep people on the registry because you can be arrested for anything
I wonder if the removal contingency applies for any charges or arrests related to non-compliance
Yes it does.
Good question
Lx
The courts, legislatures, Prosecutors and law enforcement have all laid out a Labyrinth of legal loopholes and traps for us to navigate, fall into and drown in financial ruin.
It seems like for every victory and inch we gain, they hit back with a mile high pile of Bull*hit. I never realized the hate and disdain the opposing side has for us. Most of them do not know us individually from Adam.
The problem lies in when we threaten them and their precious registry being taken down, they see their lively hood going away. Some of them feel their life’s purpose and mission is to suppress and us and keep us down.
I wouldn’t be surprised with the ruling on not moving the line, they gain a list of those getting close to the 20 year mark and find some way to charge us with a bs charge. Even if thrown out, it is still an arrest as far as the law is concerned.
One of the reasons I do my best to stay off the radar. Although the squeaky wheel gets the oil, it also sometimes gets pushback in the form of retribution. I had that fight already with the FDLE. I won a huge reversal against them and not a few weeks after my win, I was changed from once a year registration to 4 times a year.
I am scared to challenged them again for two reasons. #1 they ran me out of money on my first successful challenge and #2 if I win again, what will they do to me next time? They kick me when I am up and kick me when I am down.
I went back last year on a petition for removal from the registry. I was released from probation in 1998. It had been about 23 years since I was done with everything. I was denied my petition because of a 2002 arrested for a registry violation. Thats the sole reason for my denial. No real law broken just violated the (non punitive registry) and was punished for it. That was in the neighboring County to this win. Its blows my mind how one judge sees it one way and another differently.
So IF this stands and ends up being an actual path to removal I’ll re apply in another year or so. Im Skeptical but hopefull. 25 years seeing law makers doing whatever the hell they want has me very reserved and slow to celebrate these wins. I love seeing these victories but am very concerned they will find another way to close this door too..
Pariah
I keep hearing about people getting registry violations. Just curious what the violation cost you in terms of a new sentence ? Probation, jail time etc??
Cherokee it was in 2002 so the lynch mob that you have today hadn’t quite developed yet. So the judge looked at it and told me in court I shouldn’t even be on it in the first place but said he was bound by the law. I ended up with about 10 days in jail and a fine of $250 and six months paper. Now its much worse. My home was broken into so I. Amm the police. Then they found out I hadn’t changed my address in the allowed time frame and arrested me if you can beleive that. Back in 2002 I didn’t own a computer and I didnt even know there was a time frame. Remeber I got off probation in 1998. So I hung myself with that BS charge. And had no clue I was even breaking a rule. Legislator didnt send email and update you on this stuff in 2002. Plus I didnt have email anyway. They said I was absconded or missing if you will. But I called them to my house. If I was running from the law id be a pretty dumb criminal to call them myself to report a robbery.. But that’s exactly how it went down. I cant make this stuff up.
It is So called “not” punishment or probation or even a sentence of any kind, and YET, we can abscond? You are right, we cannot make this stuff up.
Not even sure why lawyers even take our cases anymore as a large majority of the time, the judge sends them running with their tails between their tales. BUT, they are still happy to take our cases.
@ CherokeeJack:
Correction, they’re happy to take out MONEY. Case be damned.
I suspect there are many attorneys that are more than willing to take sex offense cases as long as the client can pay their fees, but will go to hell and back to avoid prevailing. No one wants to be “the guy that got that child molester off.” There are exceptions (those that work with FAC and ACSOL, of course), but they’re pretty few and far between.
The courts used to push for prison terms but now they push for a probation sentence. They try to avoid the cost of incarceration as that county would prefer the revenue that a probation would be paying the county. So the state doesn’t get it.
Years ago NY moved the finish line for level 1’s. 10yrs to 20yrs on the hit list retroactive. Upheld on challenge.
I posted the content below in an older thread back in February
https://floridaactioncommittee.org/person-ordered-removed-from-florida-sex-offender-registry/
Here it is again:
There seems to be a lot of confusion about durations of registration before petitions can be filed. I hope this clears things up.
FAC, feel free to add this to your “Resources” list of documents.
For “Sexual Predators:”
https://www.flsenate.gov/Laws/Statutes/1997/775.21
(g) A sexual predator must maintain registration with the department for the duration of his or her life, unless the sexual predator has had his or her civil rights restored, or has received a full pardon or has had a conviction set aside in a postconviction proceeding for any felony sex offense that met the criteria for the sexual predator designation. However, a sexual predator who has been lawfully released from confinement, supervision, or sanction, whichever is later, for at least 10 years and has not been arrested for any felony or misdemeanor offense since release, may petition the criminal division of the circuit court for the purpose of removing the sexual predator designation.
https://www.flsenate.gov/Laws/Statutes/1998/775.21
(l)A sexual predator must maintain registration with the department for the duration of his or her life, unless the sexual predator has had his or her civil rights restored, or has received a full pardon or has had a conviction set aside in a postconviction proceeding for any felony sex offense that met the criteria for the sexual predator designation. However, a sexual predator who was designated as a sexual predator by a court before October 1, 1998, and who has been lawfully released from confinement, supervision, or sanction, whichever is later, for at least 10 years and has not been arrested for any felony or misdemeanor offense since release, may petition the criminal division of the circuit court in the circuit in which the sexual predator resides for the purpose of removing the sexual predator designation. A sexual predator who was designated a sexual predator by a court on or after
October 1, 1998, who has been lawfully released from confinement, supervision, or sanction, whichever is later, for at least 20 years, and who has not been arrested for any felony or misdemeanor offense since release may petition the criminal division of the circuit court in the circuit in which the sexual predator resides for the purpose of removing the sexual predator designation.
Duration of 20 years added by 98-81
http://laws.flrules.org/1998/81
https://www.flsenate.gov/Laws/Statutes/2005/775.21
Duration of 30 years added
https://www.flsenate.gov/Laws/Statutes/2007/775.21
Duration of life added.
For “Sexual Offenders:”
https://www.flsenate.gov/Laws/Statutes/1997/943.0435
No duration in statute.
https://www.flsenate.gov/Laws/Statutes/1998/943.0435
(11) A sexual offender must maintain registration with the department for the duration of his or her life, unless the sexual offender has had his or her civil rights restored or has received a full pardon or has had a conviction set aside in a postconviction proceeding for any felony sex offense that meets the criteria for classifying the person as a sexual offender for purposes of registration. However, a sexual offender 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 may petition the criminal division of the circuit court of the circuit in which the sexual offender resides for the purpose of removing the requirement for registration as a sexual offender.
Duration of life/20 years added by 98-81
http://laws.flrules.org/1998/81
https://www.flsenate.gov/Laws/Statutes/2007/943.0435
Duration of 25 years added by 2007-209
http://laws.flrules.org/2007/209
It is interesting in the statute the designation of “unless the sex offenders had their civil rights restored”… they are adjudication withheld and they retain their civil rights?
Sorry I meant… many are adjudication withheld and they already retain their civil rights
could this 10 years to 20/25/life fit under the same
case law challenge retroactivate case’s prior to 2007
which means that case law stands at 10 years befor
2007 case law. this does not mean relief for us
off the registry.
I wish all of the judges were like this. This is indeed great news.