The Florida 5th District Court of Appeals struck down the state driver’s license designation of labeled Sexual Predator as compelled speech in a 2-1 decision, citing earlier wins in AL and LA over the same compelled speech issue.
“The designation of SEXUAL PREDATOR on a personal driver license, however, is the type of compelled speech that is a step too far as the Louisiana Supreme Court and an Alabama federal court have held. The availability of numbers, symbols, or codes in various colors and fonts, as an example, shows a lack of narrow tailoring and that the government’s compelling interest in protecting the public can be achieved without compelling speech impermissibly.”
While the ruling declared unconstitutional sections 322.212(5)(c) and 322.141(3)(a), Florida Statutes (2021), the ruling is stayed and held in abeyance pending an appeal to the Florida Supreme Court asking the following question;
Does the requirement that a Florida driver license contain the designation SEXUAL PREDATOR for those persons within that category constitute compelled speech that is unconstitutional under the strict scrutiny test?
The Florida Supreme Court would have to go against every finding to date both federally and at the state level to overturn this decision. We shall see.
NOTE: Until the Supreme Court of Florida rules, you are still required to obtain and update your branded license!!!!!!
You can read the Decision Here.
I wonder if we are challenging this in the wrong way. Rather than fight the registry piecemeal on item at a time could it not be fought by utilizing the 14th Amendments Equal Protection Clause? Do we push for them to create registries for all crimes. Drug Dealers, Murderers, DUI’s, Burglars, Arsonists, Tax Evaders, And any other Felons all would have the same registry requirements as PFR’s. Swamp them with paperwork and Registries to the point that they concede. The 14th should apply due to status. Since we are not afforded the equal protections concerning public scrutiny we could argue that “People have a right to know if a habitual drug user or a person that likes to drive drunk is living in their neighborhood so they can protect their family”. We could continue the argument and demand that Convicted Drug dealers be restricted from living within 1000 feet of schools or going to places where children congregate. This might be a good tactic to employ. Yes it seems counter productive however sometimes you have to fight fire with fire. They have already weaponized the registry against us so why not use it to destroy the registry?
Why is this only about “predator” and not “offender”? My driver’s License has the statute and hologram too. I was never convicted, but am forced to register as a SO. Not a convicted felon, but a convicted SO. The laws have changed so many times that it is impossible keep up. My family would like to move to a nicer home, but we can’t find any info on where we can legally move. I’m about to climb up on my roof and start a hunger strike. Can’t deal with this crap much longer!
Gene
In Florida, Sexual Predator is actually stated on the licenses, whereas those of us listed as sex offender, it does not say that, it just has a statue number. Having said that, any law enforcement who scan our card it comes up as well as other places like the DMV.
They remind me I am an offender every time my license renews. I always thank them for reminding me because all of us always forget we are listed as offenders don’t ya know. If not for those reminders I guess we would all be in prison, right?
And to your concerns, yes it would be nice to not have that on our licenses, but I will take a statue number over having sex offender on my license. My biggest complaint is, if having predator on your license is compelled speech, how is the registry not? Question mark to the 100th power.
Every once in a while, a victory is given and taking the word predator off those people’s license will greatly lower their harm risk. But the registry still harms us on a daily basis depending on who looks at it and what their intentions are. I have had my windows broken with rocks and gun fire, had feces thrown at my house and too many other incidents to take up your time. Cops do nothing about it but tell me to file an online report.
I am sure it will be appealed. But I had won my initial appeal by 3 judge panel and it was later upheld by a full judge panel and then the state supreme court refused to hear evil Book’s appeal. So I am holding out hope this is upheld throughout the rest of the appeals process.
The dissenting judge is a blithering idiot.
@Derek
Not to be mean but calling a judge out on a public site as a blithering idiot doesn’t really help our cause. Just saying.
F.A.C is a public site and there are people who come on here who do not mean good and sure they have snitches who report back on everything we say and do.
That to me means that gives them leverage knowing our every move, legally.
It’s not their style to just live with this loss. .You just know damn well they’re going to appeal it like what happened with those dumb Halloween signs. Anytime they lose on adding to restrictions and requirements, it’s a massive blow to their fragile egos, PR machines and status as “saviors” of children.
Lawmakers are desperate for adoration and praise and they tend to get it by introducing low-effort measures such as this. I’m tired of being a useful idiot for political gain.
@Facts
I do not know why public shaming us on websites is not compelled speech. If a drivers license that hardly any sees as it is mostly in your wallet until you need it, is compelled speech, how come ALL of our info on a site calling us a label Sex offender/predator is ok?
WAY more people looks at those sites and are even blasted across the Nextdoor app (Which we are banned from).
I know a lot about law and this just befuddles me to no end that a public shaming site is ok but a piece of plastic that is not publicly viewed is. (I hope someone else follows what I am saying) it just doesn’t make sense. Rulings often do not make sense anyway when dealing with sexual offender designations.
If this type of treatment (free searchable private background information and criminal history) were foisted upon any other set of ex-offenders that have already paid their debt and complete their sentence, there would be RIOTS, CHAOS AND BLOOD IN THE STREETS. It would be worse than JAN 6th. So yes, what makes the registry SO dangerous – which will continue to get worse – is all those 3rd party apps leaching off the registry and cross-aggregating our information to promote a false narrative of public safety.
They are using our likeness, name, background, history etc, to promote a climate of constant fear, hate and resentment. Not safety, prevention or awareness. It’s all part of the social media’s capitalistic scheme of exploiting the weak and easily mislead by triggering their insecurities and fears for engagement and profit.
WE are being used to facilitate a constant climate of paranoia- for-profit scam which the public is being encouraged to actively participate in.
Nothing will change until lawmakers fear our voices and concerns MORE than the people that want to constantly know where we live and monitor our movements.
@Facts
And for those of us whose crimes were committed 30 or more years ago (mine was more than that) why are we still considered dangerous? Do they think if someone wanted to re-offend a public shaming site is going to stop someone who is Hell bent on offending?
Makes no sense to me other than the registry creates jobs. I mean try and imagine, each sheriff’s office in each state has dedicated men and women working in the registry departments. Fifty states with numerous counties equates to multiple thousands of jobs.
And where is that funding coming from? Getting paid to suppress and oppress a population of so-called subset group of individuals is not my dream job.
It’s definitely a huge win. The decision in this case could be use to stop other direct designations in Fl that could be unconstitutional by this ruling.
I agree with you. Each of these court victories, whether in state or federal court, exerts a chilling effect on the Florida Legislature’s attempts to pass even more draconian laws. We actually know this is true from FDLE’s legislative analyses of bills during the past two legislative sessions, in which FDLE urged the Legislature not to make the registry any more restrictive than it already is. It’s clear that FDLE’s attorneys believe that the Florida registry is legally right on the line between a “civil regulatory scheme” and ex post facto punishment. And if that’s what FDLE thinks, then we all know what the real truth is.
I’m an eternal Optimist, unfortunately in this case I can well see the Florida Supreme Court ruling against the 5th DCA. Florida remains a state politically controlled by an almost ultra-conservative political population that prides itself in a “You Feds can’t tell us how to run OUR sate” attitude. Even our welcome signs at the state line read “Welcome to the Free State of Florida” in reference to the current administration’s and legislature’s stand against any Federal mandates or interference.
It could possibly require this case to move into and up through the Federal Court system. I truly hope that this isn’t the path it has to take but I’m not going to be surprised if it does.
@Roger
So what you are saying is, good news can eventually turn into depressing, sad, and unlawful news? Let’s hope for the win, but I agree that for every win, we get 10 setbacks. (My math opinion may be off but that is how many of us feel).
We will take any bread crumb we can get, unless the birds take them from us. (If you know what I mean) Since I do not have that designation, I am just happy for those who maybe can have that removed. The bigger question is, if predator is a no-no on the license, how can it be on the website? Would that still be compelled speech? Confusing legal system we have says Yoda.
I am not a legal scholar nor did I play one on TV. I also didnt read the opinions orbriefs in the case but, I am assuming the plaintiffs used the cases from Alabama, Lousisana, possible Georgia, maybe Packingham in NC, and should have used the SCOTUS case out of NH wooley vs maynard. If the Florida supremes were to over rule the DCA they would be in direct opposition to SCOTUS. I do not see that happening here. Now we need the complet marking off the front of the DL’s if you want to mark it do it on the back.
Brick by Brick
Probably correct. Plus we have to pay for it with our own money. Huge challenge just to survive. So yea the money of the ultra elite continues to control the narrative. They just figured out a way to profit from it. Siphon the federal money and still have their capital invested on and on in perpetuity. They’re not dumb. We are property. A commodity. I’d cry but I’ve finally reached the end of the beginning.
So has the registry reached the end of the beginning? Will we be seeing the beginning of the end soon? Is our army big enough yet to affect change? Why do I sound like this is a war? Why does history feel like it’s repeating itself? Why do the elite control the rules instead of the people?
I have full faith that the Florida Supreme Court will generate a linguistically twisted rationalization for upholding any type of unconstitutional law it wishes. The sex offender registry itself is a huge expanse of unconstitutional sanctions that have spread metastatically into all manners of life for those unfortunate to be on it or affiliated with it. Concomitly, the abject breakdown of constitutional law in our society as recently Illustrated with the new incoming president leads me to a purely cynical viewpoint unfortunately.
Douglas, I’m trying to follow your logic; how is it unconstitutional for a change in presidents after the winner won both the electoral college and the popular votes? I’m serious. Please explain how this is unconstitutional like the registry.
[The Moderator comments: all, let’s do our best to remain on topic and non-partisan]
So, after the branding law was struck down in Alabama, PFR’s only have a single letter on their license. If the Florida Supreme Court affirms the 5th DCA’s opinion, do you think the Florida legislature will look to Alabama and change both the offender and predator designations to a single letter?
We can hope but it will take more than this case as the offender marking was not challenged here.
Well, I am challenging it in my case.
@Kyle
Hoping and praying for you. Go get em tiger.
Will you use a lawyer or you going freestyle. (Going it alone)
I hope you win, I do not think it should be anywhere on the DL. When the cops pull you over, they run your plate. They know that the vehicle is either registered to the PFR or it is at least flagged as being registered. I can not think of anyone else who really needs to know. IE do people convicted of bank robbery have Bank Robber on their DL? Nope but should that teller behind the desk know. Perhaps. Do those convicted of shoplifting have Shoplifter on their DL nope but should the person taking a check from a shopper know. Perhaps. When the bouncer at the club checks ID’s do those convicted of DUI have DUI on their DL, nope But should the bartender or bouncer know. Perhaps.
We could go on and on. LOL.