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	<title>
	Comments on: Legal Update: Replies filed in Ex Post Facto challenge	</title>
	<atom:link href="https://floridaactioncommittee.org/legal-update-replies-filed-in-ex-post-facto-challenge/feed/" rel="self" type="application/rss+xml" />
	<link>https://floridaactioncommittee.org/legal-update-replies-filed-in-ex-post-facto-challenge/</link>
	<description>Reforming Florida’s Sex Offender Registry Laws</description>
	<lastBuildDate>Wed, 02 Jan 2019 19:12:17 +0000</lastBuildDate>
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		<title>
		By: Tom		</title>
		<link>https://floridaactioncommittee.org/legal-update-replies-filed-in-ex-post-facto-challenge/comment-page-2/#comment-20043</link>

		<dc:creator><![CDATA[Tom]]></dc:creator>
		<pubDate>Wed, 02 Jan 2019 19:12:17 +0000</pubDate>
		<guid isPermaLink="false">https://floridaactioncommittee.org/?p=9835#comment-20043</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://floridaactioncommittee.org/legal-update-replies-filed-in-ex-post-facto-challenge/comment-page-2/#comment-20042&quot;&gt;Florida Action Committee&lt;/a&gt;.

What about what Bill said about ex post facto? If your offense was before the other state&#039;s registry laws would you still have to register or not because of ex post facto? What states would NOT require registration because of ex post facto?]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://floridaactioncommittee.org/legal-update-replies-filed-in-ex-post-facto-challenge/comment-page-2/#comment-20042">Florida Action Committee</a>.</p>
<p>What about what Bill said about ex post facto? If your offense was before the other state&#8217;s registry laws would you still have to register or not because of ex post facto? What states would NOT require registration because of ex post facto?</p>
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		<title>
		By: Florida Action Committee		</title>
		<link>https://floridaactioncommittee.org/legal-update-replies-filed-in-ex-post-facto-challenge/comment-page-2/#comment-20042</link>

		<dc:creator><![CDATA[Florida Action Committee]]></dc:creator>
		<pubDate>Wed, 02 Jan 2019 18:39:06 +0000</pubDate>
		<guid isPermaLink="false">https://floridaactioncommittee.org/?p=9835#comment-20042</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://floridaactioncommittee.org/legal-update-replies-filed-in-ex-post-facto-challenge/comment-page-2/#comment-20041&quot;&gt;Bill&lt;/a&gt;.

Yes and no.
Every state has a registry, that&#039;s required by the Adam Walsh Act (SORNA). So you cannot move to a state where the registry will not apply to you. That said; every state&#039;s registry is different. In fact MOST STATES don&#039;t have lifetime registration. You can certainly find a state that has more rational laws than Florida and move there. You would be subject to their laws.
Even if you are off in another state, Florida will keep you on it&#039;s list for life (and beyond).]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://floridaactioncommittee.org/legal-update-replies-filed-in-ex-post-facto-challenge/comment-page-2/#comment-20041">Bill</a>.</p>
<p>Yes and no.<br />
Every state has a registry, that&#8217;s required by the Adam Walsh Act (SORNA). So you cannot move to a state where the registry will not apply to you. That said; every state&#8217;s registry is different. In fact MOST STATES don&#8217;t have lifetime registration. You can certainly find a state that has more rational laws than Florida and move there. You would be subject to their laws.<br />
Even if you are off in another state, Florida will keep you on it&#8217;s list for life (and beyond).</p>
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		<title>
		By: Bill		</title>
		<link>https://floridaactioncommittee.org/legal-update-replies-filed-in-ex-post-facto-challenge/comment-page-2/#comment-20041</link>

		<dc:creator><![CDATA[Bill]]></dc:creator>
		<pubDate>Wed, 02 Jan 2019 18:21:06 +0000</pubDate>
		<guid isPermaLink="false">https://floridaactioncommittee.org/?p=9835#comment-20041</guid>

					<description><![CDATA[Just curious. If there are states where court decisions have prohibited ex post facto use of registries, can a FL offender move to one of those states without having to register and without having to face the harassment of always going to the Sheriff&#039;s Office and having them come to your house for address verification? I guess the record would still be in the FL registry, but are there places, without ex post facto laws, where someone could find at least some relief?]]></description>
			<content:encoded><![CDATA[<p>Just curious. If there are states where court decisions have prohibited ex post facto use of registries, can a FL offender move to one of those states without having to register and without having to face the harassment of always going to the Sheriff&#8217;s Office and having them come to your house for address verification? I guess the record would still be in the FL registry, but are there places, without ex post facto laws, where someone could find at least some relief?</p>
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		<title>
		By: rpsabq		</title>
		<link>https://floridaactioncommittee.org/legal-update-replies-filed-in-ex-post-facto-challenge/comment-page-1/#comment-20040</link>

		<dc:creator><![CDATA[rpsabq]]></dc:creator>
		<pubDate>Sun, 30 Dec 2018 05:04:46 +0000</pubDate>
		<guid isPermaLink="false">https://floridaactioncommittee.org/?p=9835#comment-20040</guid>

					<description><![CDATA[This is excellent.  There is no doubt that these two lawyers know exactly what they are doing. Their words and arguments are reminiscent of winning cases from other Circuits.]]></description>
			<content:encoded><![CDATA[<p>This is excellent.  There is no doubt that these two lawyers know exactly what they are doing. Their words and arguments are reminiscent of winning cases from other Circuits.</p>
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		<title>
		By: rpsabq		</title>
		<link>https://floridaactioncommittee.org/legal-update-replies-filed-in-ex-post-facto-challenge/comment-page-1/#comment-20039</link>

		<dc:creator><![CDATA[rpsabq]]></dc:creator>
		<pubDate>Sun, 30 Dec 2018 05:01:18 +0000</pubDate>
		<guid isPermaLink="false">https://floridaactioncommittee.org/?p=9835#comment-20039</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://floridaactioncommittee.org/legal-update-replies-filed-in-ex-post-facto-challenge/comment-page-1/#comment-20034&quot;&gt;Reality&lt;/a&gt;.

We can only wish they won&#039;t want to contradict their colleagues.   Most of their colleagues are overturning these laws, willing and able to apply the Laws of the Land.   The Eleventh Circuit seems slow in its willingness to upset the apple cart.  My own opinion as to why this is so is because many of the most heinous, high profile crimes have occurred in Florida.   A judge is only human and his perspective can easily be affected by the community in which he lives.  He hears the opinions and grievances from his friends and neighbors just like we do.    There&#039;s a reason why we can&#039;t take this case to the 6th circuit, for example.   Different Courts can lean in many different directions and this Court seems to lean towards &quot;the State and Police are usually right, you&#039;ll have to convince me otherwise.&quot;   I trust we will do just that.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://floridaactioncommittee.org/legal-update-replies-filed-in-ex-post-facto-challenge/comment-page-1/#comment-20034">Reality</a>.</p>
<p>We can only wish they won&#8217;t want to contradict their colleagues.   Most of their colleagues are overturning these laws, willing and able to apply the Laws of the Land.   The Eleventh Circuit seems slow in its willingness to upset the apple cart.  My own opinion as to why this is so is because many of the most heinous, high profile crimes have occurred in Florida.   A judge is only human and his perspective can easily be affected by the community in which he lives.  He hears the opinions and grievances from his friends and neighbors just like we do.    There&#8217;s a reason why we can&#8217;t take this case to the 6th circuit, for example.   Different Courts can lean in many different directions and this Court seems to lean towards &#8220;the State and Police are usually right, you&#8217;ll have to convince me otherwise.&#8221;   I trust we will do just that.</p>
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		<title>
		By: James F. Love IV		</title>
		<link>https://floridaactioncommittee.org/legal-update-replies-filed-in-ex-post-facto-challenge/comment-page-1/#comment-20038</link>

		<dc:creator><![CDATA[James F. Love IV]]></dc:creator>
		<pubDate>Sat, 29 Dec 2018 04:16:29 +0000</pubDate>
		<guid isPermaLink="false">https://floridaactioncommittee.org/?p=9835#comment-20038</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://floridaactioncommittee.org/legal-update-replies-filed-in-ex-post-facto-challenge/comment-page-1/#comment-20031&quot;&gt;Bob&lt;/a&gt;.

There is a line of caselaw holding any law, enacted by Congress or a legislature, that is based on an erroneous assumption of facts, is an arbitrary law and violates the substantive due process prong of the Due Process Clause of the 5th and 14th Amendments.

Every legislative body that has enacted Sex Offender Registry Laws have stated the Registries are necessary “because of the high recidivism rate of persons convicted of sex offenses.” Many States, including Ohio, actually State these erroneous reasons for the laws in the introduction and preamble to the statutes.

This is patently untrue. The US DOJ BOJS has published study after study finding the recidivism rate of sex offenders after release from prison is the second lowest rate of all felons, for new sex offenses. So have numerous State Corrections Systems, including Ohio and New York.

Why is it no one has challenged the AWA and it’s progeny as an “arbitrary law” based on the fact it was based, argued and predicated on false and erroneous facts?]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://floridaactioncommittee.org/legal-update-replies-filed-in-ex-post-facto-challenge/comment-page-1/#comment-20031">Bob</a>.</p>
<p>There is a line of caselaw holding any law, enacted by Congress or a legislature, that is based on an erroneous assumption of facts, is an arbitrary law and violates the substantive due process prong of the Due Process Clause of the 5th and 14th Amendments.</p>
<p>Every legislative body that has enacted Sex Offender Registry Laws have stated the Registries are necessary “because of the high recidivism rate of persons convicted of sex offenses.” Many States, including Ohio, actually State these erroneous reasons for the laws in the introduction and preamble to the statutes.</p>
<p>This is patently untrue. The US DOJ BOJS has published study after study finding the recidivism rate of sex offenders after release from prison is the second lowest rate of all felons, for new sex offenses. So have numerous State Corrections Systems, including Ohio and New York.</p>
<p>Why is it no one has challenged the AWA and it’s progeny as an “arbitrary law” based on the fact it was based, argued and predicated on false and erroneous facts?</p>
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		<title>
		By: Joe123		</title>
		<link>https://floridaactioncommittee.org/legal-update-replies-filed-in-ex-post-facto-challenge/comment-page-1/#comment-20037</link>

		<dc:creator><![CDATA[Joe123]]></dc:creator>
		<pubDate>Fri, 28 Dec 2018 04:54:20 +0000</pubDate>
		<guid isPermaLink="false">https://floridaactioncommittee.org/?p=9835#comment-20037</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://floridaactioncommittee.org/legal-update-replies-filed-in-ex-post-facto-challenge/comment-page-1/#comment-20031&quot;&gt;Bob&lt;/a&gt;.

Great work! After seeing this I wrote them a &#039;Thank You&#039; letter as well. I encourage everyone to do the same! Their email addresses are in the filings.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://floridaactioncommittee.org/legal-update-replies-filed-in-ex-post-facto-challenge/comment-page-1/#comment-20031">Bob</a>.</p>
<p>Great work! After seeing this I wrote them a &#8216;Thank You&#8217; letter as well. I encourage everyone to do the same! Their email addresses are in the filings.</p>
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		<title>
		By: Bill		</title>
		<link>https://floridaactioncommittee.org/legal-update-replies-filed-in-ex-post-facto-challenge/comment-page-1/#comment-20036</link>

		<dc:creator><![CDATA[Bill]]></dc:creator>
		<pubDate>Fri, 28 Dec 2018 03:32:06 +0000</pubDate>
		<guid isPermaLink="false">https://floridaactioncommittee.org/?p=9835#comment-20036</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://floridaactioncommittee.org/legal-update-replies-filed-in-ex-post-facto-challenge/comment-page-1/#comment-20033&quot;&gt;John&lt;/a&gt;.

Well put, John!]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://floridaactioncommittee.org/legal-update-replies-filed-in-ex-post-facto-challenge/comment-page-1/#comment-20033">John</a>.</p>
<p>Well put, John!</p>
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		<title>
		By: Jm		</title>
		<link>https://floridaactioncommittee.org/legal-update-replies-filed-in-ex-post-facto-challenge/comment-page-1/#comment-20035</link>

		<dc:creator><![CDATA[Jm]]></dc:creator>
		<pubDate>Fri, 28 Dec 2018 02:52:53 +0000</pubDate>
		<guid isPermaLink="false">https://floridaactioncommittee.org/?p=9835#comment-20035</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://floridaactioncommittee.org/legal-update-replies-filed-in-ex-post-facto-challenge/comment-page-1/#comment-20032&quot;&gt;Reality&lt;/a&gt;.

Anybody filing for the collateral damage? If i stay at a familys house their address is on the registry even though they did nothing? A child buys a car or scooter that youll
Never drive and that license plate is on the registry? One person is a registrant but the entire household is on the registry? The registry will be used to keep my household off of neighdor apps: the registry will be used to keep me from visiting my sick relatives in a hospital. I will be denied medical attention in a rehabilitation home or old age home because of the registry. My children will
Never see me at a game because of the registry.... who will speak for their rights? They are paying a penalty for doing nothing.....]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://floridaactioncommittee.org/legal-update-replies-filed-in-ex-post-facto-challenge/comment-page-1/#comment-20032">Reality</a>.</p>
<p>Anybody filing for the collateral damage? If i stay at a familys house their address is on the registry even though they did nothing? A child buys a car or scooter that youll<br />
Never drive and that license plate is on the registry? One person is a registrant but the entire household is on the registry? The registry will be used to keep my household off of neighdor apps: the registry will be used to keep me from visiting my sick relatives in a hospital. I will be denied medical attention in a rehabilitation home or old age home because of the registry. My children will<br />
Never see me at a game because of the registry&#8230;. who will speak for their rights? They are paying a penalty for doing nothing&#8230;..</p>
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		<title>
		By: Reality		</title>
		<link>https://floridaactioncommittee.org/legal-update-replies-filed-in-ex-post-facto-challenge/comment-page-1/#comment-20034</link>

		<dc:creator><![CDATA[Reality]]></dc:creator>
		<pubDate>Thu, 27 Dec 2018 23:55:14 +0000</pubDate>
		<guid isPermaLink="false">https://floridaactioncommittee.org/?p=9835#comment-20034</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://floridaactioncommittee.org/legal-update-replies-filed-in-ex-post-facto-challenge/comment-page-1/#comment-20033&quot;&gt;John&lt;/a&gt;.

I hope you are right about the court looking realistically at the current SOR statutes, but I fear they will not want to embarrass a colleague.  We shall see.  I do think the dam is about to break and these &quot;laws&quot; are about to be consigned to history&#039;s dustbin.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://floridaactioncommittee.org/legal-update-replies-filed-in-ex-post-facto-challenge/comment-page-1/#comment-20033">John</a>.</p>
<p>I hope you are right about the court looking realistically at the current SOR statutes, but I fear they will not want to embarrass a colleague.  We shall see.  I do think the dam is about to break and these &#8220;laws&#8221; are about to be consigned to history&#8217;s dustbin.</p>
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