No longer in FL but on the FL registry?
If you are on the Florida Sex Offender Registry but no longer living in Florida, FAC is organizing a potential legal action to seek removal of those no longer in our state.
There are currently over seventy thousand (70,000) individuals on the Florida registry. In fact; less than half are actually physically present in the community. MOST are incarcerated, moved out of the state, were only here temporarily and had to register, have been deported or are deceased.
The purpose of Megan’s Law (public disclosure) was to create, “notification programs so the public can be warned about sexual offenders living in the community.” Florida’s registry is comprised MOSTLY of people NOT living in the community.
If you remain listed on the Florida public registry, but are no longer residing in a Florida community, you may be eligible to participate. It is important to note that since most FAC members are IN FLORIDA and this potential suit would not benefit them, FAC cannot help in funding this suit. Costs will need to be shared by those participating in the suit and it is our hope that by bringing several similarly situated people together, the pooled resources will enable this lawsuit to move forward, where individual resources might not.
If you are interested in learning more; please contact legal@floridaactioncommittee.org.
Can I be removed from the registration Plead guilty to crim sex abuse a misdemeanor in Illinois in 04 with a requirement to register ten yrs she was 15 I was 18 it was consensual in November 2014 Illinois released of of the requirements to register I sent the info to fdle as detective Anderson of Pasco county said to do. He told me the should take me off the registration but they said I have to continue to register. Det Anderson told me to contact a lawyer I’ve just been letting it go because it hasn’t bothered me but I recently got my passport for a Bahamas vacation with my wife and a couple friends, and have been looking at taking my wife to Ireland for our ten year anniversary/honeymoon and don’t want to risk being denied entry because of the notification process of sex offenders.
contact legal@floridaactioncommittee.org
There is now a link to donate which makes it easier to do so.
Here is the link to donate and fund this lawsuit:
https://floridaactioncommittee.org/donations/
NOTHING COULD BE MORE IMPORTANT RIGHT NOW TO GET YOU AND OTHER OFF THE FLORIDA LIST!
Study up on the current laws in Florida and without a doubt, get a lawyer who knows what he’s doing or is at least willing to figure it out to take care of it for you. It’s that important and that difficult. FDLE will probably deny your paperwork. After the lawyer’s request to FDLE probably won’t work either, you will have to get a Florida judge to order it. Since you can afford all these vacations, getting a lawyer will be well worth it. As long as your name is showing up on a registry anywhere, it will show up on any background check the Cruise company runs – and they will run one on you and will deny you boarding, after you buy a ticket, of course. If the best you can do is get off the public registry in Florida, but still have to register, that will keep you off a background check as well. Most background checks, as far as reporting actual convictions, go back only 7 years. Background checks do however, report listings on any public registry in the 50 states.
This is easy the United States supreme court in Healy just held unanimously that the federal law prohibits sex registration in two States and the state that the sex offender is not in has no right to keep him registered!
please provide the citation for that case
Please provide me with more information please provide me with the case on that !
Has a source for this found? This would be a sledge hammer in any action brought against Florida demanding removal of non-residents.
Howard? Does anyone know what he is referring to? Would really like to know if this is real and relevant as it would seem.
Each time this thread pops up I do some searching for the case being cited. As of yet I have not been able to find anything similar at all – at state or federal level.
My son will be getting out in July and moving back to Ohio. We are trying to get his probation transferred to Ohio. He was only in Florida for 4 months before this nightmare happened in our lives and we just want to put it behind us. Will my son still have to register in Florida even though he is coming back to Ohio? There are so many things wrong with his case to begin with that I am in search of a post conviction lawyer who would be willing to talk to us about what we can do. I am also interested in getting involved with whatever it takes to get this to stop. I agree that there are those that are out there that do things to children and should be held accountable but there are way more on this registry that are law abiding citizens that got caught up in a tangled web of twisted law enforcement tactics.
That’s a question for his attorney, Vicki, but if he has to register in Florida, he will remain on the FL registry for life
Yes Vicki, especially since the conviction happened in Florida, even though he will be registering in Ohio and following all of Ohio’s laws, as it stands right now he will be on the Florida registry for life regardless of what Ohio does or does not do. If he’s been in a Florida prison, he’s probably already on the registry right now and it is VERY important that he write on his prison release papers his OHIO address so that he can avoid the whole notification/registration/probation drama out of Florida. If officials ask him for a Florida address he must say that he no longer has anywhere to go in Florida and that Ohio is his home and the only place he has to live. Thing is he MUST get to Ohio when he’s supposed to and immediately go to Ohio probation who will then alert Florida that he is where he said he would be and in the legal time frame. After double checking that his release papers indicate the Ohio address he is expected to walk through that prison gate, get in the car and drive straight to Ohio. Hope that helps.
rpsabq – usually those that were on the FL registry already and then go to prison it will say incarcerated on the flyer but FL has not been putting the vast majority on the registry before release from prison. It is more likely than not that Vickis son is not yet on the FL registry.
That would certainly be preferable. I hope you are right. She can easily find out that’s for sure. (wow, i’m so late reading these….)
and it looks like there is a difference in how the Dept of Corrections registers inmates who are Predators vs. Offenders. Predators they do register upon entering the facility, Offenders they do not.
775.212(b)If the sexual predator is in the custody or control of, or under the supervision of, the Department of Corrections, or is in the custody of a private correctional facility, the sexual predator shall register with the Department of Corrections. A sexual predator who is under the supervision of the Department of Corrections but who is not incarcerated shall register with the Department of Corrections within 3 business days after the court finds the offender to be a sexual predator. The Department of Corrections shall provide to the department registration information and the location of, and local telephone number for, any Department of Corrections office that is responsible for supervising the sexual predator. In addition, the Department of Corrections shall notify the department if the sexual predator escapes or absconds from custody or supervision or if the sexual predator dies.
Hi Vicki – I do know of at least one case where a young man was convicted in FL – served time – and when he was released his mother picked him up and found out from FL (before his release) exactly how much time was allowed after release before registering. On his release he was of course on probation so the mom did everything she had to do to have his probation transferred to PA – she picked him up and beat feet to get out of FL int he allowed time! He never had to register in FL (of course if he ever comes back he will). But make sure you find out all the details about getting his probation transferred to Ohio etc. and the time allowed before registering. And just from experience get answers from more than one person…you would be surprised how different the answers can be…
my son will be getting out in a year and has a child and we just found out he cant live with his child. does anyone know if this can be changed and also if he moves to another state does he follow their guidelines i.e florida life and texas 10 years so would he just have to register for 10 years??
He will be on Florida’s list for life.
He has to follow their rules.
Yes, living with his son CAN be challenged and he should speak with his attorney about that.
If he’s getting out, he will likely be on probation so you will need to consult with his PO
heres an oddity. i was confronted ny the s.o. and taken into custody for a failure to register. the officer in the jail put me on the registry yet just realized it wasnt after i had due process to see if i actually had to register. the next day i was released and as i thought the case was dropped and a no information was filed. inwas put on the registry by the corrections officer before any order from the court and the case was totally dropped anyway! doesnt seem appropriate a le officer could arbitrarily just put me on the list without being told to do so! it just hit me. inly reason i stayed in florida is because im on the registry anyway but now it seems as if i really didnt need to be
Sarah – I am not a lawyer but I have talked to many people in different situations. If your son is not yet on the registry in FL (because he is incarcerated) then if you can get his probation transferred to another state then he can avoid the Fl registry. You need to start doing the work now though (seriously). Some states do not like to transfer probation and some states follow the probation rules of the convicted state. I knew one young man that was convicted in TX and had his probation transferred to FL and FL followed the TX probation rules. I knew another young man convicted in FL but had his probation transferred to PA and PA followed their own probation rules. Make lots and lots of phone calls. Do not count on internet information. Call the county where he will be released and if they do not have the answer ask them who does. Ask more than one person and take notes and names. Call the sheriff office where you want him transferred to and find out EXACTLY how they treat out of state convictions. Even if he is already on the registry in FL you can still have him transferred to another state and eventually I believe the FL registry will have to remove those people. Make sure you get all the details about what to do – I have also heard that one false move in a transfer can cost someone a violation so you cannot prepare enough. Good Luck.
Hi my name is jr and I need some help. I’ve been convicted of a sexual misconduct with a minor in Indiana 1998 I did my time and got out when I got convicted my charge wasn’t even required to register but they modified the registry so I had to register in my court papers it was up to the judge and he never signed it. Now I got out and about 4 yrs left on a ten year registry we were moving and we contacted South Carolina in which we were going to move to they told me that I didn’t have to do any thing due to me coming from another state so I moved and low and behold I had to register in South Carolina, now I wasn’t convicted in that sate I was convicted in Indiana and the smart office told me that the state you get convicted in overrides the state you live in. So sled ( South Carolina law enforcement division) tells me that once they receive a letter from Indiana stating I have been released well we moved one more time and that’s to Florida well Florida told me basically the Same if I can provide proof they would remove me well I did and it comes back saying that since sout Carolina is still got me then Florida won’t do nothing. I’ve tried to talk to any one and no one can tell me and the smart office is now saying each state governs their own. I did ten years on this registry which was all I was required to do. Now here is the kicker Indiana says if I move back I’ll have to register for life due to I’m under Florida guidelines!!!!! Please any help will be truly appreciated thanks.
Donald – you will need legal help individual to your case. FAC is not a law firm, we are not lawyers and we are neither licensed nor qualified to provide legal advise. I suggest you find a local attorney or call one of the attorney referrals we have on our site, who handle these types of cases. They are private attorneys, however and not legal aid or pro-bono.
if you move state do you follow their sex offender time rules?
Yes
I realy hope something gets done about this. My original conviction is in Ohio. I moved to Florida temporarily to help my girls family do home improvement to their house so thst they could put it back on the market so they could move back to Ohio. I was convicted under Megans Law as an oriented offender. I had to register once a year for 10 years.. No residency restrictions. No postcards. But when i moved to Florida everything changed. I became a tier 1 offender. LIFETIME REGISTRY. When I moved back to Ohio the retroactive part of the AWA was ruled unconstitutional. In 2010 I was removed from the Ohio registry. But Im still on the registry in Florida. How is that constitutional?. Do I have righs?
Shaun – we are working on a case – we will be in touch.
I am in the same vote I lived in KY moved down there for 2month and worked and then moved BK to KY and finished my in 2012 I been trying to find away for 15 years to get it off down there couse I can’t get a job and I live in KY. They tell me you are still on the board in Florida and I live here I need it gone it’s hard to help sport my family with odd an in jobs
I was under the impression that FDLE already went to court a while back so that they could keep everyone on the registry essentially for life even if they had left the state.
Did Rick Scott ever respond to FACs request to clean up the registry?
Of course not
So is this making progress on the funds needed to proceed with this?