Florida Supreme Court Rules FDLE has No Standing to Set Aside Removal from the Registry
For the second time that the issue has come before the Supreme Court of Florida and for the second time that the decision was unanimous, the Supreme Court put an end to the FDLE’s attempt to reverse a Trial Court’s Order removing a registrant from the Florida Sex Offender Registry.
Florida Statute Section 943.0435(11) provides a mechanism for people on the registry to be removed from their obligation to register if they meet certain criteria.
The petitions are brought in the Criminal Division of the Circuit Court and the decision is made by a Circuit Court Judge. In nearly every case, the Florida Department of Law Enforcement will move to vacate and set aside the Order or will Appeal the order (or in many cases, both).
Attorney Ron Kleiner, who has represented several dozen individuals who have secured removal of the requirement to register, has been dragged to District Courts across Florida multiple times, and to the Supreme Court twice now, and has not lost. Today he got another win, and more importantly, another among our population is free from the irrational and ineffective burdens of registration.
We can’t say why the FDLE is so reluctant to let go of anyone – these people have all lived arrest free for decades – but the FDLE sure puts forth a lot of effort. Hopefully this latest decision will curb some of that.
Dispositions-Rev DY Lack Juris (002)_Redacted
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During my time in the military, I was an E-3 temporarily filling a warrant officer slot overseeing the motor pool while senior leadership was on leave. One phone call from a superior changed how I see government budgeting forever. I was told to spend roughly $1.2 million before the fiscal year closed. When I suggested putting it toward genuine tank maintenance needs and personnel support, the response was simple: “Perfect throw a few tank transmissions in there and you’ll be all good.”
That conversation illustrated something budget analysts call the “use-it-or-lose-it” effect. The fear is straightforward if your unit returns unspent funds, next year’s allocation may be cut. So the incentive becomes spending to match or exceed the prior year’s budget, regardless of immediate need.
In my opinion, this mentality is common across many government organizations, though I cannot speak for all of them.
But think we asking for grants to federal funding 90k* looks better than taking out all who have died and moved !
It’s not about the “offenders”.
It’s not about right or wrong.
It’s not about the lives of we the people.
We are only $$ to them.
It’s about corrupt privatized corporate-owned prisons, jails, the FDLE and all law enforcement’s budgets, affiliate businesses and profit streams.
Most likely it is driven by money and to keep the numbers up, at least that’s my opinion. Don’t forget, they think we are all out there still committing crimes and just not getting caught, which is for the most part wrong. Hopefully there will be great changes made in our favor sooner than later.
there was one time when my profile on the registry read “No victims under the age of 18” and one day it disappeared. I contacted the FDLE and asked what had happened. They told me it was their decision and not the judges to place information about me on the registry even though my final court documents state “No victims under the age of 18”.
I don’t have the money to fight it but there has to be a law that says whatever the judge decides is law and not what the FDLE feels is law
It’s all for show with FDLE. They have nothing. They know nothing. Don’t have any cards to play. Don’t have any evidence. All they have have is the court of public opinion, delay tactics, and hope the other side makes a technical mistake. Now they can say “we tried” when the unwashed/uneducated masses complain.
Rick, until they show up to your house for a compliance check… Sadly they hold a lot of cards.
Ron Kleiner took on my case: But since I live in Polk County he did not feel confident that we could win here, so he refunded my money.. Very Honest Attorney