Also curious about the term “collateral consequence.” Consequence is synonymous with punishment in layman’s terms, isn’t it? Academia distinguishes the two terms, but most people don’t (as far as I can tell).

As recognized by the Supreme Court, the fact that residency restrictions, generally, were “of fairly recent origin” at the time of the Ordinance No. 05-206’s enactment “suggests that the [ordinance] was not meant as a punitive measure or, at least it did not involve a
traditional means of punishing.” Smith, 538 U.S. at 97

Really? The Supreme Court addressed the issue of residency restrictions in Smith?

Your argument in the Southern District Court of Florida seeks to declare article XVII so punitive in effect that it violates the Federal Ex. Post Facto provision. Miami Dade County argues article XVII is merely a remedial non punitive action and as such does not violate the Federal EX Post Facto provision. It would be safe to assume that if John Doe # 4, et at., prevails County will appeal to the 11 circuit.

In Exile V Miami Dade, the ACLU agreed Dade County meant the code to be a Non Punitive remedial sanction, however; it unlawfully “Intruded into the State’s statutory scheme” in the regulation of sexual offenders, arguing “Implied Preemption”. Noting the historically strong disfavored doctrine of “Implied Preemption” in the State of Florida the Court AFFIRMED the trail courts decision.

Never addressed was whether “STATE” meant 794.065 to be Punitive NOT merely remedial.

This question is of great importance as Florida State Constitution prohibits Counties from imposing or enhancing punishments for crimes.

SECTION 11. Prohibited special laws.—
(a) There shall be no special law or general law of local application pertaining to:
(4) punishment for crime;

In discerning the intent behind a statutory enactment, courts engage in a familiar judicial function, usually with the benefit of legislative history that preceded passage of the statue.

In its legislative Analysis dated November 15 2005 paragraph II, County pointed to two sections codified in Title XLVII of the Florida Statutes Criminal Procedures and Corrections: 947.1405 and 948.30. It is well established law at both State and Federal levels, that Parole and probation as well as any special conditions imposed are punishments.

My argument is that neither State Nor County can declare what was once punishment as now remedial. This is why State Statute 794.065 now 775.215 is applied only to those whose conviction occurred on or after its enactment. It is intended to give notice of a residency restriction imposed resulting from the conviction of a qualifying offense.

My Homelessness is a direct result of Article XVII, which gives me standing to seek declaratory relief in this matter.

The County is in violation of the State constitution not only for imposing a PUNISHMENT greater than that imposed by the State, but also for violating its Ex Post Facto provision.

Question: Can Dade County impose a punishment of life imprisonment for assault and battery where State law imposes only 10? What rule of law prevents it from doing so?

CMC – you are not a party to the case so I don’t know what standing you would have to seek judicial review. Also, the 11th circuit remanded the case on a “federal ex post facto” issue, so I’m not clear why you would state that’s not what this case is about. This is a federal case that has nothing to do with state preemption – that’s not even part of the claim, so again, I’m not clear what your comment is about.

My big thing is the SORR. As I have mentioned numerous times the state statue is and was intended to punish. It is not a remedial civil sanction. This is not about a federal ex post facto claim. It is not whether the State pre-empted the counties, its about State Constitional law. Again, 775.215 is not remedial it is punitive. I will be seeking judicial review if your action fails.

And i’ll Send the results as a pdf too….

FAC, this isn’t an insurmountable goal.

The registry is a catalog of all the registered sex offenders in the state as of a particular date. You would first parse that list for RSO’s with multiple sexual convictions (since the registry only lists sex offenses not all offenses). This new list would then be filtered for RSO’s with multiple convictions but who have more than one conviction date, that is, after being convicted of a registerable offense they were subsequently convicted of another. Now this fraction of the list would need to be investigated at the local level by requesting offense reports or other court filings to determine if subsequent convictions occurred before or after their first registerable offense. These are the number of RSO’s who are reoffending. Divide that by the sample size and viola…

We could identify the important list of RSO’s with multiple convictions in less than an hour. I’m at work at the moment otherwise I’d do it now.

The state let’s anyone download the registry, and data analytics is not a new science.

It would be a daunting task and I wouldn’t know really how are where to begin. That being said with some assistance surely.

talk about the devil and the deep blue sea..further evidence the government is fully well aware they are committing a crime and what they are doing is criminal..the government operated under the “might makes right” principles..since they have the guns, the money, the power anything they do is acceptable…there is only one way to fight something like that and it Is not the courts that they own.

All this new business they are drumming up isn’t new sex charges its charges for not listing a job or absconding from something they should have the same right to after they did their time or internet identifier been using a dating site checking out women of legal age or picking their kids up from school and charges weren’t even on a kid or keeping up with family on facebook and don’t even have kids on there bla bla blah. Need to put these resources toward human trafficking and actually stop something before it happens or too late give the money to the FBI or sheriff for some real work infiltrating gangs that are kidnapping sex slaves not the state keeping the local court fat catching people with an unlisted phone number where a guy hasn’t done nothing for 20 years and probably doesnt even have se anymore. What I want to know if the registry is for life the why is dead people on there thats just sick.