Order reopening Clements – Will residency restrictions tip the scales?
Last month we reported that Louis Clements won his appeal in the 11th Circuit. The Appellate court kicked the case back to the trial court, finding that the court didn’t properly consider whether sex offender residency restrictions are severe enough to constitute someone to be “in custody” for purposes of a Habeas Corpus petition.
Today, the Middle District Court entered an order vacating it’s dismissal and reopening the case. “The parties have through November 14, 2025, to conduct any necessary research or discovery on the restrictions and reporting requirements for Florida sex offenders. Within THIRTY (30) DAYS thereafter, Respondent shall brief the Court on whether Florida’s sex offender rules—the residency restrictions combined with the registration and reporting requirements—render a petitioner “in custody” for habeas purposes, even when the petitioner is no longer in physical custody.”
FAC has been in touch with attorneys for Clements and offered our support of this case. We may call upon members impacted by residency restrictions to provide declarations.
You can read the order below:
Clements – Order reopening
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This is a good time to remind folks that I created a spreadsheet of all of FloriDUH’s municipal ordinances back in April. The direct link to it is here:
https://oncefallen.com/wp-content/uploads/2025/05/FL-Municipal-Ords-Impacting-RPs-April2025.pdf
It covers residency restrictions, proximity/anti-loitering laws, shelter bans, Halloween restrictions, and any other laws targeting us. Over 80% of FL counties have some form of additional restrictions than what is posted in state law.
I’m sure you are aware how these laws make finding housing difficult. Don’t forget the shelter bans where some require Registrants to go to jail or at least a segregated shelter.
What if you were convicted in 1991? Florida conviction for offenses that occur on or after October 1, 2004, & for extra-jurisdictional/“out-of-state” offense for offense occurred on or
after May 26, 2010: A person who has been convicted of a violation of FS §794.011, §800.04, §827.071, §847.0135(5), or §847.0145, regardless
of whether adjudication has been withheld, in which the victim of the offense was less than 16 years of age, may not reside within 1,000 feet of
any school, child care facility, park, or playground. State law also creates “Presence Restrictions” or proximity laws, i.e., laws that state you
cannot loiter or be present at or near certain locations:
Does this mean the registry could potentially be abolished?
I’m in a situation right now where, although I didn’t volunteer, i am being charged with it. Problem is, I WANT my right to mow the grass at church, to sing in the choir. I haven’t been to church in almost 6 years because pre- trial say it’s a place where children congregate. Law passed AFTER the date of my underlying/original offense and also after my sentencing. Retroactively take away my rights to liberty and pursuit of happiness. Inalienable rights. Rights that cannot be taken without due process. Due Process that cannot conceivably have occurred since i had already been sentenced. Rights that cannot be taken as collateral consequences when my plea agreement delineated all my consequences and this was not included. In fact, the judge said he was not restricting where i could live or work. How could I expect there would be more than what’s in the contract?
Also, permanently taking my right to liberty amounts to converting my sentence to a life sentence. My attorney thought all of this had already been litigated long ago. I disagreed saying that my case was niche and also I don’t know that anyone has argued that collateral consequences can’t be applied to contracts with delineated terms.
Hopefully my gibberish inspires someone.
You are charged with…breaking a law against attending church?
That cannot be correct.
Can it?
I want my rebuilt life back from retroactive re list after 17 years removed. Yep 17 years removed.
How FDLE dug it up must have been when I got my Florida license. They must be able to look at anyone’s license after you move here and perform a background check.
That would be proof in my book that the Registry is not needed as a law enforcement tool. It already exists.
Even my former employer’s background check can back just fine. Remember when felonies fell off your record after 10 years. I do.
It’s worse than the previous stint on the 10 year registry. Everything I rebuilt is gone.
Watching openly as cops and powerful people avoid the list for worse actions than my own, walk away list free makes me angry. They know the shit storm the registry really is and avoid it.
The list is an extended sentence. I paid my sentence 2 1/2 decades.
People need more money in their pockets more than ever. Repeal SORNA. Return the tax payers money to the people.
My son had to leave the state since we could find no place for him to live. All because of 2 emails he received and shared. He had nothing on his phone and had no computer. They broke up my family!
I used to see him every day. After that I was lucky to see him once a year. He was ALONE and that is not like him. He was always close to his family and had a circle of friends he was very active and social with. Now he has no one and due to the loneliness, he resorted to an adult app to find a date and got caught up in one of those corrupt sex stings done on adult sites WHERE THERE ARE NO CHILDREN. I truly hste this country!
Mary
Where did I hear this story before?
Also didn’t SCOTUS address a similar case in New York? I can’t remember the name of the case but Justice Ketanji Brown Jackson wrote the dissent. Basically saying the court was just kicking the can down the street and the issue would have to be addressed at some point if not then.
It was Justice Sotomayor and the case was Ortiz. It was in 2022