Great case: No duty to register if not “released from the sanction for conviction”
An excellent case came out of Florida’s 2nd District Court of Appeals last week!
An individual who had been charged with a Failure to Register (FTR) had his charges thrown out by the Trial Court (and the Appeals court now agreed) because the statutory language of 943.0435 did not require he register.
You must read the order to get a full appreciation of the magnitude of this decision: Florida v. James
According to the language of the statute, one must be convicted of one of the enumerated crimes and (II) Has been released on or after October 1, 1997, from the sanction imposed for any conviction of an offense described in sub-sub-subparagraph (I). For purposes of sub-sub-subparagraph (I), 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.
James didn’t register, but argued that he wasn’t required to because he had not yet been released from the sanction imposed by his conviction – he still owed money.
This case is potentially ground-breaking for those who are still under sanction for their conviction.
More to come…
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Plessy v. Ferguson 1896.
PERSONAL LIBERTY’, it has been well said, ‘consists in the power of locomotion,of changing ones situation or removing one’s person to whatsoever places one’s inclination may direct, without imprisonment or restraint , unless by due process of law’.
Bolling VSharpe, 1954
Although this Court has not assumed to define “LIBERTY” with any great precision, that term is not confined to mere freedom from bodily restraint. Liberty under the law extends to the full range of conduct which the individual is free to pursue, ( residency and employment opportunities) and can not be restricted except for a proper government objective. (Due process requirement)?
Florida V James makes crystal clear that statutory language has meaning, it is an edict of the legislature.
More to follow…….CMC V Florida
Rick Scott appointed this judge. Credit where credit is due.
I bet there’ll be a flood of habeas corpus. I’m on probation myself for violating something I didn’t even have todo. Kissed my sleazy attorneys ass, my low life POs ass. Paid 10s of thousands. Been humiliated with a gun in my face for 18 years these cops knocking on my door having to goto the jail 4 days a year Where everyone hates me for no good reason like a little kid worrying daily if I’m gonna be caught in some Registration sting following these county and city ordnance’s been basically bullied to stay home and live a mediocre life lol I’m hoping we can sue for this. Saying “this isn’t what we intended“ isn’t gonna be a defense. Damn I’ve been seriously harmed but this.
Not having civil rights restored isn’t that a sanction?
Valid point!
Nowwwww youve peaked my Interest!!!! Not being included in prop 4 and being specifically EXCLUDED Would be a direct sanction resulting from?
Has anyone ever successfully argued that loss of civil rights is a sanction, or is this a novel argument that would be made in court for the first time?
It’s not included in the text of this statute, which only mentions judicial sanctions, so imagine someone trying to sway this judge on that notion.
Jacob, the loss of civil rights is a punishment imposed for the conviction of a felony unless the court withholds adjudication.
Can someone please explain this to me in Lay’s man term??
On second reading of the opinion, it would appear that anyone on probation would also be exempt from registering. I wonder how many of Florida’s 70-some thousand registrants that would apply to, and if they’s have grounds to sue the state for forcing their registration and associated disabilities and restraints anyway.
Such a suit should also mention that around 40 thousand of Florida’s registrants are either dead, incarcerated, or not in the state. Considering Florida’s registration law is for life, the estates of the dead registrants should be suing as well. As should the incarcerated (their sanctions are obviously still being imposed).
U are not corrrct Dustin. Read again
Read again. The statute in question specifically says probation, copied/pasted from the linked opinion as follows:
For
purposes of sub-sub-subparagraph (I), 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.
(Emphasis added.)
Emphasis was added by the court.
First off Dustin, whoever wrote this article left out “convicted” or released after Oct 1 97. So basically if u were convicted or released AFTER Oct 1 97, u have to register. If ur probation ended before Oct 1 97 u don’t have to register. The moderator does not seem willing to step in and clarify anything at this time. So I guess wait and see.
The case suggests one does not have to register UNTIL released from sanction.
well the actual statute reads “convicted or released” so what is all the hoopla about?
“Convicted AND released.”
Convicted AND released would have been they Constitutional way to draft it in the beginning. But guess what?
I meant “convicted OR released on or after oct 1 97
But
If we have to register at all, it should be while you are on probation then when finished or released from it, be able to be removed.
The more all over the Country the courts are bombarded with cases about the registries, they are eventually going to have to either start from scratch or wake up and end the circus and scrap the entire foolishness.
Sanctions including, but not limited to fines, probation, and all the other circumstances in the statute. Thank you FAC, for clarifying.
I’m sure the Florida legislature will consider this an emergency, but there is a window for Florida registrants to make some waves here. I hope they take it. I certainly would if I was in Florida, but I’m not willing to move there for the purpose.
u are correct. I went back and actually read it.
What would be a total laugh riot would be if someone was on probation for a registration
Violation. Who’s head would explode in that instance? LOL