You are citing to cases and law that predate 2006’s SORNA (which was deemed retroactive) and 2003’s Smith v Doe. Are you able to cite to any binding precedent that deems SORNA unconstitutional as applied to Tier I offenders? how about a SCOTUS case that overturned Smith v. Doe?

Also, you write on the bottom “This is Florida’s Megan’s Law” but then give a link to Federal Law.

I think you are confused and don’t want readers of our forum to become similarly confused.

Your statement “To get technical Florida’s registry is just for sexually violent offenders” is not correct. Florida’s registration statute applies to people who are not just sexually violent offenders. To get technical, if you look at 943.0435(1)(h) there is a multi-paragraph definition for who the registry applies to and it is not just for sexually violent offenders.
JWA was replaced by SORNA (AWA) in 2006. With that, SORNA is a floor, not a ceiling and it allows states to pass laws that are more severe (not less) than Federal SORNA.
You also write, “I have some ideas that could help with this with FAC and NARSOL and a few others. You know who I am and where I stand in this. Adding me as a member will make a really big asset do I not? I still have it…”. Well what are your ideas? You have contacted FAC and NARSOL but have not shared your big ideas. You keep hinting at things but you have yet to clearly state what your idea is.

943.0435 F.S. also applies to people who have an obligation to register in another state and then move to Florida.

The way they have me is by ex post facto having to register in another state.

I thought about petitioning to be removed. The issue is if I’m removed so is the proof of punishment of the registry on the Federal level.

The statute also defines no Tier I. Now I understand what you meant. They do not want to acknowledge Tier Level 1 because that will open up a can of worms for them.

If you have not been required by 943.0435 to be listed on Florida’s registry, and yet FDLE lists you there anyway, then have you considered a removal petition?

One of the attorneys listed on FAC’s referral page (but not the one you keep mentioning) handles a lot of those for this state.

Also, if you re-read what I wrote about Tier 1, you’ll find unfortunately that I did not say what you think I said— the opposite, in fact.

Jacob>> You do understand that 943.0435 F.S. is for people who has been released on or after October 1, 1997. Then enforcing state laws and Federal Laws retroactively with state amendments using other states retroactive civil judgements but denying the judgement itself. There is a very fine line here and they are bending them to the breaking point. If I was convicted after 9/13/1994 or determined a Tier 2 or 3 before that date, I wouldn’t have a case. Tier 1 was stripped out in the Federal Amendment very quietly for a full public registry like Alaska… And now your telling me Florida has addressed a Tier Level 1 classification in this statute you say? can you show me where it is in the statute?

That could become this biggest piece of evidence. You may have found it! If Florida even acknowledged Tier Level 1, they knew the hidden punishment with Alaska and the Federal Amendment being a full public registry. That’s CRAZY!

This could stand up in a Federal Court of law for anyone after 9/13/1994 but not before. The 3rd Circuit made it very clear on the Federal Appeals level of the Ex post facto ruling of Megan’s Law it was not for after the law was passed, it was a ruling made only for before the laws. That is what we have here. Showing Tier 1 is a punishment if made public.

It’s why there is an Ex Post Facto case. How many of these 5 can show this imposed a punishment with a their retroactive civil judgement? Do they even have a civil judgement to produce to the courts? Those ex post facto are from other states from what I was told. Does any of them have an actual retroactive civil judgement that is a Tier Level 1 that they can produce that exposes the punishment? All of this is what I was willing to bring to the table for Val Jonas but was yelled at.

Yes, they have made a bizillion amendments on Ex Post Facto using other states retroactive civil judgments. Understand, I don’t want them to remove me because when it is challenged I want the Judges to see the double jeopardy punishment for themselves. It was screamed at by Sgt. Booth, “I will punish you to the fullest extent of my laws!” YEAH, but it’s not a punishment… I’m shocked I’m not on death row with that woman. Then I get told Florida is it’s own government. Well, ya still have to abide by the U.S. Constitutional Law.

Understand that the registry is civil not criminal as it is informative not punitive. Not if, but when we show the punishment a lot will change.

I’ve had 3 Florida Attorney’s verify that Florida used Federal Megan’s Law H.R. 2137 – 5/17/1996 Amendment to enforce a full public registry. This is where Tier 1 classification and Due Process was stripped out quietly. SCOTUS wouldn’t see it with Alaska because Megan’s Law is out of New Jersey 10/31/1994. The New Jersey 1st Constitutional ruling is here. https://law.justia.com/cases/new-jersey/supreme-court/1995/a-170-94-opn.html

Yes, it’s New Jersey and the 3rd Circuit and were in Florida and the 11th Circuit. But it shows the civil punishment from one into the other…

That is why Florida addressed Tier 1 because many other states still have a lower level not for public notification classification Florida does not. This conviction is before 9/13/1994 not after. BIG DIFFERENCE. It’s called the 14th Amendment of Due Process (Liberty) difference. Like it was said to me, look at how they word it. I had a criminal Attorney look at the beginning of this an he said I have a real good case find a good civil Attorney they are out there.

I’m not looking at Florida statue because we know it’s punitive, I’m looking farther ahead into the Federal side to prove it. FDLE hit me with these statues and state court rulings and court cases and then they pulled out SCOTUS Smith v Doe ruling on me several years ago. They didn’t know who I actually am with Megan’s Law because someone “lost” the first 7 years of my paperwork here… I wonder why? If they had the paperwork they would have also noticed something else.

Here is another unconstitutional thing that came out of MI. This retroactive civil judgement was for 15 years not 25 or life. I was able to be removed back in 2010 but was told by Florida Law Enforcement it didn’t matter if I were to get removed up in New Jersey because it is lifetime here in Florida.

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What is the point of Probation, House arrest, and prison (I got all three) if once you have done your time, you get more time in the form of a lifetime on the registry. It is NOT just a website, it is a physical location called a sheriff’s office where we have to go once, twice or four times a year to re-register for life. And if you have any updates or changes, that triggers more visits to change or add information.
Anything that forces you to do something is punishment. In some circumstances you have a choice, if you do not like your job, you can quite or be fired. On the registry, you have no choice in the matter and in Florida, it is for life as the gift that keeps on giving that nobody in their right mind wants.
And as a bonus, it was retroactively actively applied to many of us after we had already gone to court, made a plea deal etc. Oh, if we could have only had a do over.

In Florida, public notification is required under 943.0435 F.S., which does not require Federal legislation to enable it. That statute also defines no Tier I.

If there is a medical screening process for those scheduled to be on the way out and one passes, then there needs to be NO label on a DL/ID to begin with. Why would the state label one if they are safe to be in public? Seems to be oxymoronic and not one in the name of safety, IMO.

I feel for you brother and wish you well but Florida is like the Mafia when it comes to the registry. You have more of a chance to win the Florida Lottery than to be removed from the registry. A few select people have been removed in Florida, but only a handful and most of them were low level offenders, had a good lawyer and an agreeable judge.

It is more likely Putin will stop fighting Ukraine than the Florida registry going away.

Keep being positive and I hope you can prove us wrong and get a win. It took me 2 tries five years apart to even get some of my probation knocked down and that only happened because when I went back, it was a different judge.