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	<title>
	Comments on: State files Motion to Dismiss in Ex Post Facto	</title>
	<atom:link href="https://floridaactioncommittee.org/state-files-motion-to-dismiss-in-ex-post-facto/feed/" rel="self" type="application/rss+xml" />
	<link>https://floridaactioncommittee.org/state-files-motion-to-dismiss-in-ex-post-facto/</link>
	<description>Reforming Florida’s Sex Offender Registry Laws</description>
	<lastBuildDate>Mon, 17 Dec 2018 21:31:36 +0000</lastBuildDate>
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	<item>
		<title>
		By: JZ		</title>
		<link>https://floridaactioncommittee.org/state-files-motion-to-dismiss-in-ex-post-facto/comment-page-3/#comment-19328</link>

		<dc:creator><![CDATA[JZ]]></dc:creator>
		<pubDate>Mon, 17 Dec 2018 21:31:36 +0000</pubDate>
		<guid isPermaLink="false">https://floridaactioncommittee.org/?p=9652#comment-19328</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://floridaactioncommittee.org/state-files-motion-to-dismiss-in-ex-post-facto/comment-page-3/#comment-19327&quot;&gt;Florida Action Committee&lt;/a&gt;.

Of course! Thanks.

Hey, I was just wondering why &quot;Recent Comments&quot; aren&#039;t showing on this and all other pages?]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://floridaactioncommittee.org/state-files-motion-to-dismiss-in-ex-post-facto/comment-page-3/#comment-19327">Florida Action Committee</a>.</p>
<p>Of course! Thanks.</p>
<p>Hey, I was just wondering why &#8220;Recent Comments&#8221; aren&#8217;t showing on this and all other pages?</p>
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		<item>
		<title>
		By: Florida Action Committee		</title>
		<link>https://floridaactioncommittee.org/state-files-motion-to-dismiss-in-ex-post-facto/comment-page-3/#comment-19327</link>

		<dc:creator><![CDATA[Florida Action Committee]]></dc:creator>
		<pubDate>Mon, 17 Dec 2018 20:02:25 +0000</pubDate>
		<guid isPermaLink="false">https://floridaactioncommittee.org/?p=9652#comment-19327</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://floridaactioncommittee.org/state-files-motion-to-dismiss-in-ex-post-facto/comment-page-3/#comment-19326&quot;&gt;JZ&lt;/a&gt;.

Correct - this is the FDLE&#039;s position NOW that it has been sued.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://floridaactioncommittee.org/state-files-motion-to-dismiss-in-ex-post-facto/comment-page-3/#comment-19326">JZ</a>.</p>
<p>Correct &#8211; this is the FDLE&#8217;s position NOW that it has been sued.</p>
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		<item>
		<title>
		By: JZ		</title>
		<link>https://floridaactioncommittee.org/state-files-motion-to-dismiss-in-ex-post-facto/comment-page-3/#comment-19326</link>

		<dc:creator><![CDATA[JZ]]></dc:creator>
		<pubDate>Mon, 17 Dec 2018 19:23:30 +0000</pubDate>
		<guid isPermaLink="false">https://floridaactioncommittee.org/?p=9652#comment-19326</guid>

					<description><![CDATA[Okay, a fresh take on this motion to dismiss as it relates to travel. Apparently we have been reading too much into the &quot;three-day&quot; temporary residence definition. We assumed it meant 72 hours, but in FDLE&#039;s own words:

“The general rule is that when the word ‘day’ is used it means calendar day which includes the entire day from midnight to midnight.&quot; BLAH BLAH BLAH. &quot;A day is an indivisible unit; the law does not recognize fractions of a day.&quot;

Thus, if a registered citizen travels to Miami or anywhere else in or out of state (withstanding any destination state requirements of course) and checks into a motel at 4:00 P.M. on a Tuesday and checks out at 11:00 A.M. on a Friday, even though the stay is for three nights, the &quot;three-day&quot; rule is not violated.

Let&#039;s do the math:

Tuesday 4pm to midnight, although 8 hours, doesn&#039;t count as a &quot;day.&quot;
Tuesday midnight to Wednesday midnight = 1 day
Wednesday midnight to Thursday midnight = 2 days
Thursday midnight to Friday 11am, although 11 hours, doesn&#039;t count as a day.

So registered citizens can book three-night motel stays without violating Floriduh law.]]></description>
			<content:encoded><![CDATA[<p>Okay, a fresh take on this motion to dismiss as it relates to travel. Apparently we have been reading too much into the &#8220;three-day&#8221; temporary residence definition. We assumed it meant 72 hours, but in FDLE&#8217;s own words:</p>
<p>“The general rule is that when the word ‘day’ is used it means calendar day which includes the entire day from midnight to midnight.&#8221; BLAH BLAH BLAH. &#8220;A day is an indivisible unit; the law does not recognize fractions of a day.&#8221;</p>
<p>Thus, if a registered citizen travels to Miami or anywhere else in or out of state (withstanding any destination state requirements of course) and checks into a motel at 4:00 P.M. on a Tuesday and checks out at 11:00 A.M. on a Friday, even though the stay is for three nights, the &#8220;three-day&#8221; rule is not violated.</p>
<p>Let&#8217;s do the math:</p>
<p>Tuesday 4pm to midnight, although 8 hours, doesn&#8217;t count as a &#8220;day.&#8221;<br />
Tuesday midnight to Wednesday midnight = 1 day<br />
Wednesday midnight to Thursday midnight = 2 days<br />
Thursday midnight to Friday 11am, although 11 hours, doesn&#8217;t count as a day.</p>
<p>So registered citizens can book three-night motel stays without violating Floriduh law.</p>
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		<title>
		By: Florida Action Committee		</title>
		<link>https://floridaactioncommittee.org/state-files-motion-to-dismiss-in-ex-post-facto/comment-page-2/#comment-19325</link>

		<dc:creator><![CDATA[Florida Action Committee]]></dc:creator>
		<pubDate>Tue, 27 Nov 2018 21:19:37 +0000</pubDate>
		<guid isPermaLink="false">https://floridaactioncommittee.org/?p=9652#comment-19325</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://floridaactioncommittee.org/state-files-motion-to-dismiss-in-ex-post-facto/comment-page-2/#comment-19324&quot;&gt;Quinn&lt;/a&gt;.

Call FDLE while you are at the registration office and tell them they are refusing to register your travel.They can&#039;t do that.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://floridaactioncommittee.org/state-files-motion-to-dismiss-in-ex-post-facto/comment-page-2/#comment-19324">Quinn</a>.</p>
<p>Call FDLE while you are at the registration office and tell them they are refusing to register your travel.They can&#8217;t do that.</p>
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		<title>
		By: Quinn		</title>
		<link>https://floridaactioncommittee.org/state-files-motion-to-dismiss-in-ex-post-facto/comment-page-2/#comment-19324</link>

		<dc:creator><![CDATA[Quinn]]></dc:creator>
		<pubDate>Tue, 27 Nov 2018 19:33:27 +0000</pubDate>
		<guid isPermaLink="false">https://floridaactioncommittee.org/?p=9652#comment-19324</guid>

					<description><![CDATA[I spent the afternoon at DSO for my annual registration. Because in-person is burdensome, I come prepared with everything needed to avoid additional in-person requirements.

After I paid my $25, searched and interviewed if anything has changed... I asked the officer about out of state travel and I tried to provide him info about an upcoming trip out of state. He told me that he needed the following before he would enter anything, as required by law: Dates of travel, method of travel; flight info , car; routes and hotels I would be staying at while driving, All addresses I would be staying overnight etc.

I asked if that was the statute said, or his interpretation. He said it was the law and if I could not provide all of the above, I would risk 20 years in prison if I was caught.

My question was how do you plan to drive somewhere or fly? What happens of there are detours, weather delays etc. Etc. 
Because I couldnt provide him my exact itenerary, he refused to put it in the system.

I called FDLE for clarification. I was told no routes or plane info was necessary , but hotel o would be staying for mpre than 3 days would be.

How do we proceed, when no-one is on the same page and the sherrifs office or individual officer, interprets the law in a special way?

Does anyone here have better info for out-of-state travel?]]></description>
			<content:encoded><![CDATA[<p>I spent the afternoon at DSO for my annual registration. Because in-person is burdensome, I come prepared with everything needed to avoid additional in-person requirements.</p>
<p>After I paid my $25, searched and interviewed if anything has changed&#8230; I asked the officer about out of state travel and I tried to provide him info about an upcoming trip out of state. He told me that he needed the following before he would enter anything, as required by law: Dates of travel, method of travel; flight info , car; routes and hotels I would be staying at while driving, All addresses I would be staying overnight etc.</p>
<p>I asked if that was the statute said, or his interpretation. He said it was the law and if I could not provide all of the above, I would risk 20 years in prison if I was caught.</p>
<p>My question was how do you plan to drive somewhere or fly? What happens of there are detours, weather delays etc. Etc.<br />
Because I couldnt provide him my exact itenerary, he refused to put it in the system.</p>
<p>I called FDLE for clarification. I was told no routes or plane info was necessary , but hotel o would be staying for mpre than 3 days would be.</p>
<p>How do we proceed, when no-one is on the same page and the sherrifs office or individual officer, interprets the law in a special way?</p>
<p>Does anyone here have better info for out-of-state travel?</p>
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		<title>
		By: dannyboy		</title>
		<link>https://floridaactioncommittee.org/state-files-motion-to-dismiss-in-ex-post-facto/comment-page-2/#comment-19323</link>

		<dc:creator><![CDATA[dannyboy]]></dc:creator>
		<pubDate>Tue, 27 Nov 2018 12:44:27 +0000</pubDate>
		<guid isPermaLink="false">https://floridaactioncommittee.org/?p=9652#comment-19323</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://floridaactioncommittee.org/state-files-motion-to-dismiss-in-ex-post-facto/comment-page-2/#comment-19320&quot;&gt;Candy&lt;/a&gt;.

I know what your saying my wife is a professional and commutes an hour and tells her coworkers she&#039;s single and uses a different address due to past problems like people looking her up when smart phones started coming out passing word around. Some of them become sexually aggressive toward her like they are owed male and female and some begin trying to match make her like she&#039;s in a bad situation. When I met my wife there wasn&#039;t all this crap we had Disney season tickets, I coached and ate lunch at my kids school people knew about me no-one cared most did the same thing now they have a life not attached to high school and they all run in the same circles none are &quot;victim/predator&quot; (no-one says offenders or knows there is a difference or cares to be politicly correct) its ridiculous! We are making our plans to leave Florida they make their money on the misery of other people now have their sights set on the registry.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://floridaactioncommittee.org/state-files-motion-to-dismiss-in-ex-post-facto/comment-page-2/#comment-19320">Candy</a>.</p>
<p>I know what your saying my wife is a professional and commutes an hour and tells her coworkers she&#8217;s single and uses a different address due to past problems like people looking her up when smart phones started coming out passing word around. Some of them become sexually aggressive toward her like they are owed male and female and some begin trying to match make her like she&#8217;s in a bad situation. When I met my wife there wasn&#8217;t all this crap we had Disney season tickets, I coached and ate lunch at my kids school people knew about me no-one cared most did the same thing now they have a life not attached to high school and they all run in the same circles none are &#8220;victim/predator&#8221; (no-one says offenders or knows there is a difference or cares to be politicly correct) its ridiculous! We are making our plans to leave Florida they make their money on the misery of other people now have their sights set on the registry.</p>
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		<title>
		By: JZ		</title>
		<link>https://floridaactioncommittee.org/state-files-motion-to-dismiss-in-ex-post-facto/comment-page-2/#comment-19322</link>

		<dc:creator><![CDATA[JZ]]></dc:creator>
		<pubDate>Tue, 27 Nov 2018 01:01:09 +0000</pubDate>
		<guid isPermaLink="false">https://floridaactioncommittee.org/?p=9652#comment-19322</guid>

					<description><![CDATA[From a jailhouse lawyer&#039;s point of view, the State has  compelling arguments in its motion to dismiss (MTD). I would hope that FAC has a competent lawyer who will counter attack the points raised by the State, which rely on the precedent of government victories, by citing cases where the government&#039;s dogma was ruled to be unconstitutional. The common sense approach will not work on those who have none. The very language of the MTD shows the arrogance of Pam Blondi and FDLE, who fully expect the case to be dismissed.

It is refreshing to know that I was right about the &quot;three-day&quot; bu11$hit though.]]></description>
			<content:encoded><![CDATA[<p>From a jailhouse lawyer&#8217;s point of view, the State has  compelling arguments in its motion to dismiss (MTD). I would hope that FAC has a competent lawyer who will counter attack the points raised by the State, which rely on the precedent of government victories, by citing cases where the government&#8217;s dogma was ruled to be unconstitutional. The common sense approach will not work on those who have none. The very language of the MTD shows the arrogance of Pam Blondi and FDLE, who fully expect the case to be dismissed.</p>
<p>It is refreshing to know that I was right about the &#8220;three-day&#8221; bu11$hit though.</p>
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		<title>
		By: David		</title>
		<link>https://floridaactioncommittee.org/state-files-motion-to-dismiss-in-ex-post-facto/comment-page-1/#comment-19321</link>

		<dc:creator><![CDATA[David]]></dc:creator>
		<pubDate>Sat, 24 Nov 2018 23:39:01 +0000</pubDate>
		<guid isPermaLink="false">https://floridaactioncommittee.org/?p=9652#comment-19321</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://floridaactioncommittee.org/state-files-motion-to-dismiss-in-ex-post-facto/comment-page-1/#comment-19310&quot;&gt;Capt Charles Munsey Jr. USN (Ret)&lt;/a&gt;.

@Capt.: I would certainly  NOT bet they won&#039;t get away with it because there is a good possibility that they will.  (Janice Bellucci, Esq. of ACSOL&#039;s last lawsuit against IML was based on the U.S. DoS violating it&#039;s own Administratvie Law requirements.  It was clear that they had done so.  Nonetheless, DoS&#039;s Request for Dismissal was granted.)]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://floridaactioncommittee.org/state-files-motion-to-dismiss-in-ex-post-facto/comment-page-1/#comment-19310">Capt Charles Munsey Jr. USN (Ret)</a>.</p>
<p>@Capt.: I would certainly  NOT bet they won&#8217;t get away with it because there is a good possibility that they will.  (Janice Bellucci, Esq. of ACSOL&#8217;s last lawsuit against IML was based on the U.S. DoS violating it&#8217;s own Administratvie Law requirements.  It was clear that they had done so.  Nonetheless, DoS&#8217;s Request for Dismissal was granted.)</p>
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		<title>
		By: Candy		</title>
		<link>https://floridaactioncommittee.org/state-files-motion-to-dismiss-in-ex-post-facto/comment-page-2/#comment-19320</link>

		<dc:creator><![CDATA[Candy]]></dc:creator>
		<pubDate>Sat, 24 Nov 2018 19:16:37 +0000</pubDate>
		<guid isPermaLink="false">https://floridaactioncommittee.org/?p=9652#comment-19320</guid>

					<description><![CDATA[My husband requested court transcripts from NJ and were told that they would not send them unless it was to an attorney, which is BS.  Then a few days later we received a copy of one page commitment order and low and behold, found that the court actually changed his commitment papers in 1996 (arrested 1990, long before Megan&#039;s Law or Adam Walsh) so that he would be under Megan&#039;s Law and then I suppose they would get money from the feds!  My husband did not take a plea deal because he was not guilty (they offered him a flat 3 years) and took it to jury trial (just as NJ decided to retry the McMartin Daycare case).  All it took was the accusation from his 1st wife (who discovered he was having an affair); a trial judge who questioned a witness from the bench and incompetence on the part of the Public Defenders office to get my husband convicted of 2nd degree Aggravated Sexual Assault and Endangering the Welfare of a child, for which he received 20 years with a 8 year mandatory minimum (he was and continues to be a first time offender).  The year after he was incarcerated, his wife gave both of his children up to the state and then, after they finally maxed him out after 12 years (even after he did everything parole told him to do).  His 1st wife committed suicide the month after I married him.  Until my husband notified the state of Florida that he had moved here from NJ, he was able to move about freely with no constraints - NJ showed up on our door once a year to see he was still living there but now in FL he has to report 4 times a year in person.  My husband was a registered voter in NJ, WA and PA, but Florida has permanently taken his right to vote away.  4 months after moving here, hubby has been banned for life from WDW (we visited every year for 10 years before moving here with no problem) and denied being able to ever take a cruise again (even though we had taken several with the same cruise line just the year before when living in NJ).  If only someone had warned me the persecution we would be under by retiring and buying a house in Florida, there would have been NO WAY we would have moved to Floriduh.  Please let everyone you know that is a registered sex offender NOT to move to Florida!  I used to love this state, but now that I can&#039;t get a job here because when an employer looks up my address they discover that my husband is a registered sex offender, they change their mind.  I&#039;ve taught Sunday School for years, am a Past Matron in OES, and have never been arrested, but now according to the State I live in and pay taxes in, I&#039;m scum, not fit enough to clean someone&#039;s toilets or give out treats at Halloween.  Where&#039;s the justice in that?]]></description>
			<content:encoded><![CDATA[<p>My husband requested court transcripts from NJ and were told that they would not send them unless it was to an attorney, which is BS.  Then a few days later we received a copy of one page commitment order and low and behold, found that the court actually changed his commitment papers in 1996 (arrested 1990, long before Megan&#8217;s Law or Adam Walsh) so that he would be under Megan&#8217;s Law and then I suppose they would get money from the feds!  My husband did not take a plea deal because he was not guilty (they offered him a flat 3 years) and took it to jury trial (just as NJ decided to retry the McMartin Daycare case).  All it took was the accusation from his 1st wife (who discovered he was having an affair); a trial judge who questioned a witness from the bench and incompetence on the part of the Public Defenders office to get my husband convicted of 2nd degree Aggravated Sexual Assault and Endangering the Welfare of a child, for which he received 20 years with a 8 year mandatory minimum (he was and continues to be a first time offender).  The year after he was incarcerated, his wife gave both of his children up to the state and then, after they finally maxed him out after 12 years (even after he did everything parole told him to do).  His 1st wife committed suicide the month after I married him.  Until my husband notified the state of Florida that he had moved here from NJ, he was able to move about freely with no constraints &#8211; NJ showed up on our door once a year to see he was still living there but now in FL he has to report 4 times a year in person.  My husband was a registered voter in NJ, WA and PA, but Florida has permanently taken his right to vote away.  4 months after moving here, hubby has been banned for life from WDW (we visited every year for 10 years before moving here with no problem) and denied being able to ever take a cruise again (even though we had taken several with the same cruise line just the year before when living in NJ).  If only someone had warned me the persecution we would be under by retiring and buying a house in Florida, there would have been NO WAY we would have moved to Floriduh.  Please let everyone you know that is a registered sex offender NOT to move to Florida!  I used to love this state, but now that I can&#8217;t get a job here because when an employer looks up my address they discover that my husband is a registered sex offender, they change their mind.  I&#8217;ve taught Sunday School for years, am a Past Matron in OES, and have never been arrested, but now according to the State I live in and pay taxes in, I&#8217;m scum, not fit enough to clean someone&#8217;s toilets or give out treats at Halloween.  Where&#8217;s the justice in that?</p>
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		<title>
		By: Crooked Ron Book Lies!		</title>
		<link>https://floridaactioncommittee.org/state-files-motion-to-dismiss-in-ex-post-facto/comment-page-2/#comment-19319</link>

		<dc:creator><![CDATA[Crooked Ron Book Lies!]]></dc:creator>
		<pubDate>Sat, 24 Nov 2018 18:23:41 +0000</pubDate>
		<guid isPermaLink="false">https://floridaactioncommittee.org/?p=9652#comment-19319</guid>

					<description><![CDATA[Hey Mr. ASA and politicians!!!

FYI

The court said kool-aid is legal so, i&#039;ll add sugar in it and you drink it, next year i&#039;ll add antifreeze in it and you drink it, the year after i&#039;ll add coloring to make your skin color, arsenic, etc... and you drink it and after all it is legal for us to have it in the kool-aid since the kool-aid was deemed legal]]></description>
			<content:encoded><![CDATA[<p>Hey Mr. ASA and politicians!!!</p>
<p>FYI</p>
<p>The court said kool-aid is legal so, i&#8217;ll add sugar in it and you drink it, next year i&#8217;ll add antifreeze in it and you drink it, the year after i&#8217;ll add coloring to make your skin color, arsenic, etc&#8230; and you drink it and after all it is legal for us to have it in the kool-aid since the kool-aid was deemed legal</p>
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