Out of State Challenge
We have received several requests for updates on the Out of State Challenge that we announced was filed this past summer.
Unfortunately, the Plaintiff in that case was saddled with the Statute of Limitations issue that previously hung up other Plaintiffs in the same challenge. Specifically, he was added to the Florida registry more than 4 years ago, and therefore could potentially be barred by the statute of limitations. Even though the plaintiff’s cause of action could not possibly have been recognized until he left Florida (fewer than 4 years ago), that just throws another hurdle in front of the case. Rather than spend very limited time and resources on arguing the technicality, the Attorney for the case thought it would be prudent to bring the challenge with a plaintiff who was added to the Florida Registry within the last 4 years.
We will update when more information becomes available.
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So, if a person is an S.O. in a other state but is not required to register in that state, then moves to Florida and is placed on the registry, would that fall under the fours years limitation hurdle you are dealing with?
Or if a person is sentenced as an S.O. in another is not required to register because of the low level offense or tier they are on, then moves to Florida and is placed on the registry only to move back to their original state where they are not supposed to have to register, what that qualify?
Or are we saying that if they are required to register in their first state because of being placed on the Florida register with no way to get off in Florida and thus no way to get off the registry in his own state that that would be the issue since he wasnt required to register in his original state to begin with?
Honestly, I find this result rather disappointing. 😒 If this situation occurred previously, why wasn’t it foreseen that it would likely occur again with the new plaintiff? 🤷🏻♂️
(I hope the next lawsuit will be more successful.)
Understandable. It’s not forseen – everyone’s facts are different.
LOL. Not according to Florida’s Registry! We are all the same according to the Registry.
I too am disappointed. I see the words “unfortunately” and I immediately become discouraged. I hope the $25k raised isn’t a waste due to a technicality. Will the attorney that realized this potential technicality continue with a new plaintiff, or will FAC need to spend months/years raising another $25k? I hope it’s the former rather than the latter.
no funds are lost
Grateful we’re taking the approach of Ex Post Facto Plus— arguing the technicality in the Court of Appeals while simultaneously bringing in a plaintiff who’s unaffected by the technicality.
Thank you for the update and for continuing FAC’s effort and work to help out of state victims of FDLE’s corrupt registry!
I was added to the Florida registry 7 years ago and it’s almost been 2 years since I moved out of Florida. Sounds like I’m in the same boat as him. Hopefully the right person will be found and justice served.
Brandon, maybe you should be a plaintiff since this directly affects you adversely and you fall within the statute of limits. They might be able to make you a plaintiff under John Doe status to help protect you. Maybe you should reach out to FAC and the lawyers.
Bob
I interpreted it as the attorney is looking for someone added to the Florida registry within the last 4 years. If that’s the case i don’t apply. Deciding to be in a lawsuit is mind boggling and going against Florida is a sticky wicket.
Thank you FAC for handling this.