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Florida Lawsuit Challenges Continued Registration of Non-Residents and Deceased Persons

Source: ACSOL

A lawsuit was filed in a Florida federal district court today that challenges the continued registration of non-residents and deceased persons convicted of a sex offense.  According to the lawsuit, the Florida registry currently includes more than 28,000 people who do not live in that state as well as more than 1,300 people who are dead.

The plaintiff in this lawsuit was convicted of having sex with a minor (17-year-old woman) who he later married and together they had a child.  After the couple divorced, the plaintiff was awarded custody of the child who is now 12 years old.  The plaintiff permanently left the state of Florida about four years ago and does not plan to return.

Continued registration on the Florida registry has resulted in a significant lack of employment opportunities commensurate with the plaintiff’s education and training, according to the lawsuit.  The plaintiff is also concerned that his child will discover on the internet that he is listed on the Florida registry.

The lawsuit asserts two legal claims — violation of plaintiff’s right of substantive due process provided in both the state and federal constitutions as well as violation of the state privacy laws.  The plaintiff has asked the court to permanently restrain and enjoin the state of Florida from continuing Plaintiff’s sex offender registration and disseminating his personal information to the public.

Download a PDF:

Marcoux v. Swearingen – FL – out of state and dead persons – July 2021

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