In Person Challenge FILED!
Today, the “In-Person Challenge” was filed in the Federal District Court for the Southern District of Florida.
The civil rights complaint challenges the many extra registration updates that must be made in person. We are excited to have another iron in the fire!
A copy of the complaint is below:
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I applaud the effort for trying to fight all of the madness here in Florida but every time i look up not only do we end up losing but if ever win it gets overturned by a higher court. Its getting worse and worse and not for just the people on the list that have done harsher crimes but for those of us that had minor offenses all grouped together.
keep up the fight but im starting to get punch drunk
I’m sure the final result and what the politicians want will be so many restrictions they push every RSO out of Florida or they arrest us for every little violation therefor keeping us in prison for life(remember you heard it here first)
No Hope – I think you’re blinded by pessimism. Huge win in the Internet Identifier case. What other cases are you referring to?
FAC, what exactly did we win with the internet identifier case ? We still have to hand over our email addresses and social media identifiers. No other group of people in the world has to do this but us. A win would of been complete privacy of any identifier we have in any area of the internet just like any regular person. Not handing over anything. . . and the residency restriction challenge in Miami-Dade should of been a no brainer easy win much like the one in Dayton MN where it was stricken down completely. I’m not trying to be negative here and I truly and whole heartily appreciate the battles and effort FAC and company do for registrants here in Florida, but I can see where No hope is coming from. For every “small” win we make, it seems like they make up more bills or pass more laws against us. The old laws seem to be upgraded by new laws no thanks to Lauren Book and her father and now we have a governor and clemency board with the same type of agenda against us. It’s quite overwhelming. Meanwhile, drug dealers and other type of felony offenders are living that regular citizen life. It just sucks.
FAC and others have already discussed the ways in which the case was a win in a previous post, member call, and weekly update email.
Was every portion struck down? Nope. But we definitely walked out with a partial victory. No need to rehash it here. There is plenty to feel bad about, but the result of the Internet ID case is not one of them.
Without FAC’s internet challenge, Florida’s internet law would be so onerous as to make internet use virtually impossible for most practical purposes. Whereas FAC has caused the law to be watered down to merely…intrusive.
Compared to what we were about to get, it’s a win, I’ll take it.
I am interested to see the answer and an amended complaint if one is needed once the answer is filed. Thanks FAC!
Very glad Ron Kleiner is on our side! Beautifully composed, succinct, and o the point.
Complaint is very impressive. I think we’ll have a winner here. I do have one question concerning the following:
“73. The Registration Statutes violate the First Amendment right to freedom of association in
that it prohibits Persons Required to Register from traveling except upon providing 48 hours’ in
person notice, where in many cases in person notice is impossible to comply with because the
State fails to require all County registration locations and Driver’s License offices be open to
accommodate the required in person notice.”
I thought the travel notice only applied if a registrant planned to reside for three or more days (72 hours?) in any given abode? Am I wrong?
They have 48 hours to report that change in “residence” of 3 days.
Every time i read about these three day things i get anxiety and confused. If i go to ny for a week: how do iget a florida driver license with a ny address? When i do go i stay multiple address each less than three days but im out of the state for three. Is there anything i need to know?
Yes – you don’t need to get a Florida Drivers License with a NY address. The Driver’s License requirement is only for INTRA-STATE travel (within Florida) or someone living outside FL traveling TO FLORIDA.
You are only required to register when you establish a new residence (as defined by staying in the same place 3 or more days in a calendar year). If you move every 2 days you are not required to register that address in FL. You would need to look into the registration requirements in NY.
Sad how im done in ny. Never wanted to live in florida but got stuck with all this on a long visit here. so we said might as well since im stuck with this anyway.
Florida used to have an instate drivers license that was only valid in the state of Florida. and at that point you could have a license in the state that you resided in for whatever amount of time. When I used to go between Florida and Pennsylvania I got my license in Pa for the six months I was there and then got my FL license for my six months in FL. Each time I did this I paid for my license in both states. They should bring back that intrastate license since there are a lot of snowbirds in Florida.
ok,I’m not the smartest person when it comes to legislation, but , would this violate the equal protection under law, shouldn’t the 3 day law apply to everyone for updating drivers lic with a temp address ? or am I way off base ?
you are way off base
see, I told ya i am not the smartest !
This past summer i had gone to report a road trip: we were going up north and staying in each state a day or two (it was the 5 day reporting era) i was told there was no way to do this. With the three day thing i was told id have to let them know where id be at each stay but i had said i wouldnt know as id pick the available hotel. More recently i was flying and was told id have to give the flt info even though id be coming back the next day. Am i just overreporting and should just not care until i actually hit a three day stay somewhere? Wife and i jist petrified theyll show up on some oddball monthly check. Once the officer told her if im
Not here when they follownup theyd go to the neighbors and verify if inlive here: ive never been on supervision ever soni dont get why so many discrepencies. Even more recetly i was told my three day trip wasnt reportable as id be back on the third day so texhnically it was a two night trip. Im just at a loss and terrified. I go medically. The only reason we stayed here and literally moved is i was put on the registry for life for a visit. Might as well as they ruined me for everywhere else
@Jm
You have 3 weeks to respond to your yearly residence check as per Florida statutes.
Keep in mind, a residence check is literally just that.
Local pd tell me its a monthly check. But they show up sometimes months in between.
Still, you have 3 weeks to respond to an address verification.
Don’t let them scare you into thinking otherwise.
Live your life man!
I wonder how that would work if you drove a semi and lived in your truck basically?? I wonder if they prevent you from doing that?
They could easily provide a slot on the side of the sheriff’s office building, with a camera (just like at an ATM) where registrants can drop thier change of information 24/7 and they can have a scanner for registrants to scan their i.d. in order to report their new i.d. with new address. The camera can be used to verify that it was actually the registrant reporting the new info, and also for evidence if registrant is attacked while doing so. In person is NOT necessary.
Married,
They can just do away with this BS altogether!
Concerned, I agree, they can and should, but they aren’t, at least not yet.
@Married
Don’t give them any ideas. They will probably have us pay for that fancy tech with registration fees coupled with tax payers money(including ours) I’m with concerned here. All this BS has to stop all together and be done with for good.
Awesome! I am glad that other case got throw out this was is alot better and stronger arguments
The only possible problem i see in all this is it seems like you guys are encouraging doing all the extra registering online. I get that its an alternative and a lot less restrictive, but i personally think all the extra crap we have to register for should just be abolished. Maybe my perception is a little biased but otherwise it was great. Good luck FAC, hopefully this gets us somewhere
I think everyone here agrees with you. However, getting the “extra crap” declared unconstitutional in a court action would be very difficult, perhaps impossible. The U.S. Supreme Court has decided that registration is non-punitive and a valid public safety measure. Until that changes, court complaints can only chip away at the problem, and must have a solid legal grounding. We must not confuse what should be done with what could be done.