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	<title>
	Comments on: Great case: No duty to register if not &#8220;released from the sanction for conviction&#8221;	</title>
	<atom:link href="https://floridaactioncommittee.org/great-case-no-duty-to-register-if-not-released-from-the-sanction-for-conviction/feed/" rel="self" type="application/rss+xml" />
	<link>https://floridaactioncommittee.org/great-case-no-duty-to-register-if-not-released-from-the-sanction-for-conviction/</link>
	<description>Reforming Florida’s Sex Offender Registry Laws</description>
	<lastBuildDate>Fri, 22 May 2020 12:46:04 +0000</lastBuildDate>
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	<item>
		<title>
		By: CherokeeJack		</title>
		<link>https://floridaactioncommittee.org/great-case-no-duty-to-register-if-not-released-from-the-sanction-for-conviction/comment-page-6/#comment-32429</link>

		<dc:creator><![CDATA[CherokeeJack]]></dc:creator>
		<pubDate>Fri, 22 May 2020 12:46:04 +0000</pubDate>
		<guid isPermaLink="false">https://floridaactioncommittee.org/?p=13032#comment-32429</guid>

					<description><![CDATA[Hold the bus.
An idea just came into my head. If the courts rule the registry IS punishment, then that is a sanction and we are not required to register if we have no been released from sanctions.

Oh well either way I was on probation ( A sanction &#038; punishment ) when the registry came out and was ON the registry since 1997 so seems they illegally had me and many others on the registry because I sanctions were still in play?

Like F.A.C said, they will re-write that part or add an addendum to fix it. Then that will be another Ex post facto case as they again modified , changed, or added something to the registry. It just never ends.

&quot;Oh, what a tangled web we weave, when first we practice to deceive!&quot; Sir Walter Scott, 1808]]></description>
			<content:encoded><![CDATA[<p>Hold the bus.<br />
An idea just came into my head. If the courts rule the registry IS punishment, then that is a sanction and we are not required to register if we have no been released from sanctions.</p>
<p>Oh well either way I was on probation ( A sanction &amp; punishment ) when the registry came out and was ON the registry since 1997 so seems they illegally had me and many others on the registry because I sanctions were still in play?</p>
<p>Like F.A.C said, they will re-write that part or add an addendum to fix it. Then that will be another Ex post facto case as they again modified , changed, or added something to the registry. It just never ends.</p>
<p>&#8220;Oh, what a tangled web we weave, when first we practice to deceive!&#8221; Sir Walter Scott, 1808</p>
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		<title>
		By: Florida Action Committee		</title>
		<link>https://floridaactioncommittee.org/great-case-no-duty-to-register-if-not-released-from-the-sanction-for-conviction/comment-page-5/#comment-32428</link>

		<dc:creator><![CDATA[Florida Action Committee]]></dc:creator>
		<pubDate>Fri, 22 May 2020 11:22:46 +0000</pubDate>
		<guid isPermaLink="false">https://floridaactioncommittee.org/?p=13032#comment-32428</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://floridaactioncommittee.org/great-case-no-duty-to-register-if-not-released-from-the-sanction-for-conviction/comment-page-5/#comment-32427&quot;&gt;Don&lt;/a&gt;.

if you have been released from probation and not had any subsequent arrests, contact legal@floridaactioncommittee.org]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://floridaactioncommittee.org/great-case-no-duty-to-register-if-not-released-from-the-sanction-for-conviction/comment-page-5/#comment-32427">Don</a>.</p>
<p>if you have been released from probation and not had any subsequent arrests, contact <a href="mailto:legal@floridaactioncommittee.org">legal@floridaactioncommittee.org</a></p>
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		<title>
		By: Don		</title>
		<link>https://floridaactioncommittee.org/great-case-no-duty-to-register-if-not-released-from-the-sanction-for-conviction/comment-page-5/#comment-32427</link>

		<dc:creator><![CDATA[Don]]></dc:creator>
		<pubDate>Fri, 22 May 2020 07:58:57 +0000</pubDate>
		<guid isPermaLink="false">https://floridaactioncommittee.org/?p=13032#comment-32427</guid>

					<description><![CDATA[What if adjudication was withheld no conviction 1992 released from probation 2000]]></description>
			<content:encoded><![CDATA[<p>What if adjudication was withheld no conviction 1992 released from probation 2000</p>
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		<title>
		By: Florida Action Committee		</title>
		<link>https://floridaactioncommittee.org/great-case-no-duty-to-register-if-not-released-from-the-sanction-for-conviction/comment-page-5/#comment-32426</link>

		<dc:creator><![CDATA[Florida Action Committee]]></dc:creator>
		<pubDate>Thu, 21 May 2020 21:02:37 +0000</pubDate>
		<guid isPermaLink="false">https://floridaactioncommittee.org/?p=13032#comment-32426</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://floridaactioncommittee.org/great-case-no-duty-to-register-if-not-released-from-the-sanction-for-conviction/comment-page-5/#comment-32425&quot;&gt;Jacob&lt;/a&gt;.

They first asked for (and were granted) a rehearing.
04/15/2020  Affirmed - Authored Opinion&lt;br /&gt;
04/27/2020  Notice of Appearance    Kevin A. Golembiewski, Esq. 1002339&lt;br /&gt;
04/27/2020  Notice of Appearance    Amit Agarwal, Esq. 125637&lt;br /&gt;
04/27/2020  Motion for Extension of Time    Amit Agarwal, Esq. 125637   APPELLANT&#039;S MOTION FOR EXTENSION OF TIME TO FILE MOTION FOR REHEARING AND REHEARING EN BANC
04/29/2020  Grant EOT (general)-74c         Appellant&#039;s motion for extension of time to file a motion for rehearing is granted. The motion for rehearing shall be filed on or before May 30, 2020.
05/21/2020  Motion To File Amicus Curi. Brief   R. W. Evans, Esq. 198862    MOTION FOR LEAVE TO APPEAR AS AMICUS CURIAE]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://floridaactioncommittee.org/great-case-no-duty-to-register-if-not-released-from-the-sanction-for-conviction/comment-page-5/#comment-32425">Jacob</a>.</p>
<p>They first asked for (and were granted) a rehearing.<br />
04/15/2020  Affirmed &#8211; Authored Opinion<br />
04/27/2020  Notice of Appearance    Kevin A. Golembiewski, Esq. 1002339<br />
04/27/2020  Notice of Appearance    Amit Agarwal, Esq. 125637<br />
04/27/2020  Motion for Extension of Time    Amit Agarwal, Esq. 125637   APPELLANT&#8217;S MOTION FOR EXTENSION OF TIME TO FILE MOTION FOR REHEARING AND REHEARING EN BANC<br />
04/29/2020  Grant EOT (general)-74c         Appellant&#8217;s motion for extension of time to file a motion for rehearing is granted. The motion for rehearing shall be filed on or before May 30, 2020.<br />
05/21/2020  Motion To File Amicus Curi. Brief   R. W. Evans, Esq. 198862    MOTION FOR LEAVE TO APPEAR AS AMICUS CURIAE</p>
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		<title>
		By: Jacob		</title>
		<link>https://floridaactioncommittee.org/great-case-no-duty-to-register-if-not-released-from-the-sanction-for-conviction/comment-page-5/#comment-32425</link>

		<dc:creator><![CDATA[Jacob]]></dc:creator>
		<pubDate>Thu, 21 May 2020 20:45:43 +0000</pubDate>
		<guid isPermaLink="false">https://floridaactioncommittee.org/?p=13032#comment-32425</guid>

					<description><![CDATA[Is state appealing this to FL S.Ct. or are they letting it stand?

Any other circuits use this yet?]]></description>
			<content:encoded><![CDATA[<p>Is state appealing this to FL S.Ct. or are they letting it stand?</p>
<p>Any other circuits use this yet?</p>
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		<title>
		By: CherokeeJack		</title>
		<link>https://floridaactioncommittee.org/great-case-no-duty-to-register-if-not-released-from-the-sanction-for-conviction/comment-page-5/#comment-32424</link>

		<dc:creator><![CDATA[CherokeeJack]]></dc:creator>
		<pubDate>Sun, 10 May 2020 12:57:57 +0000</pubDate>
		<guid isPermaLink="false">https://floridaactioncommittee.org/?p=13032#comment-32424</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://floridaactioncommittee.org/great-case-no-duty-to-register-if-not-released-from-the-sanction-for-conviction/comment-page-5/#comment-32423&quot;&gt;Jacob&lt;/a&gt;.

Another difference, anyone can just log onto the computer and within seconds be on the offender website for free.

Before that, if you wanted to see someone&#039;s record, you had to go to the courthouse, fill out a form and pay a fee (You still do in my places to get records)

I do not care if someone wants to waste their day at the court house paying to look at my records because unless they are sealed, anyone can do so and have been able to do so for many decades. Unlike the registry where anyone without permission, fees or filling out any paperwork can view damning information about us that most likely is not even still relevant to our lives.

I might also note, that most of the people who have seen me on the registry and confronted me, do not even live in my neighborhood.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://floridaactioncommittee.org/great-case-no-duty-to-register-if-not-released-from-the-sanction-for-conviction/comment-page-5/#comment-32423">Jacob</a>.</p>
<p>Another difference, anyone can just log onto the computer and within seconds be on the offender website for free.</p>
<p>Before that, if you wanted to see someone&#8217;s record, you had to go to the courthouse, fill out a form and pay a fee (You still do in my places to get records)</p>
<p>I do not care if someone wants to waste their day at the court house paying to look at my records because unless they are sealed, anyone can do so and have been able to do so for many decades. Unlike the registry where anyone without permission, fees or filling out any paperwork can view damning information about us that most likely is not even still relevant to our lives.</p>
<p>I might also note, that most of the people who have seen me on the registry and confronted me, do not even live in my neighborhood.</p>
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		<title>
		By: Jacob		</title>
		<link>https://floridaactioncommittee.org/great-case-no-duty-to-register-if-not-released-from-the-sanction-for-conviction/comment-page-5/#comment-32423</link>

		<dc:creator><![CDATA[Jacob]]></dc:creator>
		<pubDate>Sat, 09 May 2020 19:23:52 +0000</pubDate>
		<guid isPermaLink="false">https://floridaactioncommittee.org/?p=13032#comment-32423</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://floridaactioncommittee.org/great-case-no-duty-to-register-if-not-released-from-the-sanction-for-conviction/comment-page-5/#comment-32422&quot;&gt;Muriel&lt;/a&gt;.

Legislature will most certainly make the fix retroactive.  Remember that they made virtually the entire registration law, and its amendments, retroactive, and will continue to do so until the court rules that it fails the balancing test for ex post facto punishment.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://floridaactioncommittee.org/great-case-no-duty-to-register-if-not-released-from-the-sanction-for-conviction/comment-page-5/#comment-32422">Muriel</a>.</p>
<p>Legislature will most certainly make the fix retroactive.  Remember that they made virtually the entire registration law, and its amendments, retroactive, and will continue to do so until the court rules that it fails the balancing test for ex post facto punishment.</p>
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		<title>
		By: Muriel		</title>
		<link>https://floridaactioncommittee.org/great-case-no-duty-to-register-if-not-released-from-the-sanction-for-conviction/comment-page-5/#comment-32422</link>

		<dc:creator><![CDATA[Muriel]]></dc:creator>
		<pubDate>Sat, 09 May 2020 16:11:40 +0000</pubDate>
		<guid isPermaLink="false">https://floridaactioncommittee.org/?p=13032#comment-32422</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://floridaactioncommittee.org/great-case-no-duty-to-register-if-not-released-from-the-sanction-for-conviction/comment-page-5/#comment-32420&quot;&gt;Jacob&lt;/a&gt;.

It seems because the court ruling mentioned &#039;and all other jurisdictions&#039; this may indeed apply all across Florida as the Sherriff quoted in the article implies.
The question I have is: does the &#039;fix&#039; become retro active since the law has been in place since 1997 and the laws intent does not matter to the court? Wouldn&#039;t the &#039;fix&#039; have to take place from the date it is adopted to begin?]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://floridaactioncommittee.org/great-case-no-duty-to-register-if-not-released-from-the-sanction-for-conviction/comment-page-5/#comment-32420">Jacob</a>.</p>
<p>It seems because the court ruling mentioned &#8216;and all other jurisdictions&#8217; this may indeed apply all across Florida as the Sherriff quoted in the article implies.<br />
The question I have is: does the &#8216;fix&#8217; become retro active since the law has been in place since 1997 and the laws intent does not matter to the court? Wouldn&#8217;t the &#8216;fix&#8217; have to take place from the date it is adopted to begin?</p>
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		<title>
		By: CherokeeJack		</title>
		<link>https://floridaactioncommittee.org/great-case-no-duty-to-register-if-not-released-from-the-sanction-for-conviction/comment-page-5/#comment-32421</link>

		<dc:creator><![CDATA[CherokeeJack]]></dc:creator>
		<pubDate>Sat, 09 May 2020 11:23:59 +0000</pubDate>
		<guid isPermaLink="false">https://floridaactioncommittee.org/?p=13032#comment-32421</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://floridaactioncommittee.org/great-case-no-duty-to-register-if-not-released-from-the-sanction-for-conviction/comment-page-5/#comment-32420&quot;&gt;Jacob&lt;/a&gt;.

&quot;they are legally allowed to hide who they&quot;

WTF are we hiding. Do they have proof we are continuing to offend? 
Some people say &quot;Once a cop, always a cop&quot;. But, if you try and stop and shop lifter and yell &quot;Stop I am a cop&quot; you will probably be arrested because you are NO LONGER a cop.

In your heart you may still be a cop but that is up to how you feel.  Do any of us in our heart still think we are sex offenders? If you do, then thanks for being honest but enjoy staying on the registry for the rest of your life and maybe afterwards.

I respect law enforcement but when Sheriffs start putting their personal feelings into situations , it is as bad as a judge sentencing you with their feelings instead of what they law says (How I got my sentenced shortened on appeal)]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://floridaactioncommittee.org/great-case-no-duty-to-register-if-not-released-from-the-sanction-for-conviction/comment-page-5/#comment-32420">Jacob</a>.</p>
<p>&#8220;they are legally allowed to hide who they&#8221;</p>
<p>WTF are we hiding. Do they have proof we are continuing to offend?<br />
Some people say &#8220;Once a cop, always a cop&#8221;. But, if you try and stop and shop lifter and yell &#8220;Stop I am a cop&#8221; you will probably be arrested because you are NO LONGER a cop.</p>
<p>In your heart you may still be a cop but that is up to how you feel.  Do any of us in our heart still think we are sex offenders? If you do, then thanks for being honest but enjoy staying on the registry for the rest of your life and maybe afterwards.</p>
<p>I respect law enforcement but when Sheriffs start putting their personal feelings into situations , it is as bad as a judge sentencing you with their feelings instead of what they law says (How I got my sentenced shortened on appeal)</p>
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		<title>
		By: Jacob		</title>
		<link>https://floridaactioncommittee.org/great-case-no-duty-to-register-if-not-released-from-the-sanction-for-conviction/comment-page-5/#comment-32420</link>

		<dc:creator><![CDATA[Jacob]]></dc:creator>
		<pubDate>Sat, 09 May 2020 02:43:23 +0000</pubDate>
		<guid isPermaLink="false">https://floridaactioncommittee.org/?p=13032#comment-32420</guid>

					<description><![CDATA[Here’s where this case is headed:

https://www.news-journalonline.com/opinion/20200508/donrsquot-let-sex-offenders-hide-from-registration--sheriff-rick-staly?template=ampart]]></description>
			<content:encoded><![CDATA[<p>Here’s where this case is headed:</p>
<p><a href="https://www.news-journalonline.com/opinion/20200508/donrsquot-let-sex-offenders-hide-from-registration--sheriff-rick-staly?template=ampart" rel="nofollow ugc">https://www.news-journalonline.com/opinion/20200508/donrsquot-let-sex-offenders-hide-from-registration&#8211;sheriff-rick-staly?template=ampart</a></p>
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