FL: Florida sex-offender registry challenge rejected

Source: cbsnews.com 9/14/22

TALLAHASSEE – In at least the third similar case filed by out-of-state residents, a federal appeals court Wednesday rejected an Oklahoma man’s constitutional challenge to being kept on a Florida sex offender registry.

A panel of the 11th U.S. Circuit Court of Appeals rejected arguments by Douglas Lindsey, who was convicted in 1999 of statutory rape, sodomy, and lewd molestation in Oklahoma and was required to register in Oklahoma as a sex offender. 

In 2009, he successfully requested to be removed from the Oklahoma registry.

Lindsey moved to Martin County in 2011 and did not register in Florida as a sex offender, according to the ruling. 

But the Florida Department of Law Enforcement in 2017 informed Lindsey he was required to register.

In 2019, he requested that the FDLE remove him from the Florida registry based on not being required to register in Oklahoma — a request the agency denied. 

Lindsey in 2020 moved back to Oklahoma and later filed a federal lawsuit alleging that Florida violated his constitutional rights because it kept him on its registry, which is publicly accessible on the internet.

The Atlanta-based appeals court Wednesday upheld a decision by a district judge to dismiss the case.

“Florida has a legitimate interest in prescribing the manner in which it protects the health and welfare of its citizens from persons convicted of sex offenses,” said the 12-page ruling by Judges Adalberto Jordan, Robin Rosenbaum and Andrew Brasher.

Read the full article


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11th circuit mostly Trump appointees.

Funny, The Governor of Florida will keep Registrants there but charters planes to fly immigrants out. Well finally! Registrants are considered more valuable than another group!(sarcasm). I can only figure that is because if Florida keeps registrants they get paid more bucks per head.

just another trashy reason that NO one wants to LIVE in or Visit FloriDUH !

I’m sorry, but why do registrants even come within 100 miles of Florida. It just doesn’t make sense. That state is out to ruin your lives, people. I bought a motorcycle from there off eBay yrs ago. I had someone else actually do the deal so my name wouldn’t show up on any bill of sale within Florida. I am not taking any chance of my name appearing on any official Florida document. I refuse to even take a flight that lands in that state. If Shaquille O’Neal personally handed me the keys to his estate there, I would thank him but return them. It comes down to principles.

More legal wrangling. I am on the registry in Texas and also on the registry in Florida from a visit to take care of my dying mother in 2008. I stayed 10 days and had to do a full registration. Life time. The hatred I have for the people that run the state of Florida is beyond comprehension. This entire registry scheme is inhumane and I am not going to take it anymore. I have decided to leave this country and watch it circle the drain from afar, while being free. It is time to set on a new adventure at 73.

Side question: For people who are not residents of Florida, but remain on the Florida registry:

  • 1. What details do they have on the registry for you?
  • 2. Do you have to register at periodic intervals directly with Florida?
  • 3. If so, what is the punishment and how would they enforce it if you fail to register wit them?
  • 4. If you don’t have to directly register, then how do they maintain accurate, updated information on your present residence, photograph, Internet, vehicles, job, etc?
Last edited 6 months ago by Eric Knight

I’m missing something here with the judgement articulated in the article. Florida says Oklahoma’s law isn’t binding in Florida.

Did Florida miss the part where the conviction was in Oklahoma and not in Florida? Florida put a person on the registry because the registrant was convicted in another state. Therefore, if a person from another state is removed from the conviction state, then Florida has nothing to stand on with the “Full Faith and Credit”.

Florida exercised its extraterritorial jurisdiction to exercise its police power by utilizing a different state’s registry to register an individual in Florida.

Otherwise, how can a registrant not convicted in Florida to be on the registry? Florida wants it both ways. The judgement of Florida is doing its own thing is “thinking past the sale” by not acknowledging Florida using another state’s registry to make the registration process valid.

Someone please explain to me how the hell Florida expects to “protect” its residents from someone who lives 1200 miles away.

I am curious how “Full Faith and Credit Clause” allows marriages from other states to be recognized in a different state but not this. What happened to fair application of the law?

I hope that Florida’s over bloated Registry will one day sink the state into the bottom of the ocean.

An interesting point that I saw mentioned was this:

“Like the district court, we disagree. Mr. Lindsey’s 1999 Oklahoma convictions remain in place and their validity is not in question. This is not a case, therefore, where the underlying convictions have been set aside.”

I’ve repeatedly seen people say full faith and credit clause doesn’t help with other states regarding registrants, but the above opens up that possibility unless I’m misunderstanding that quoted comment? The take I’m hearing from it means that if it was set aside (ie. expungement) and no longer required to register, then they will in fact honor it under full faith and credit clause? If that is really the case then that could be huge for some former registrants who’ve obtained expungements.

How in the Hell is this not a violation of either Privileges and Immunities nor Equal Protection? PFRs are the only class of citizens subject to this! It has made moving through the states a minefield of problems. Can’t visit family because they are too close to a school, park whatever. Hotel you were planning on staying at for your vacation, same problem. Won’t know until you get there!

Clearly Florida has made these laws to discourage PFRs from moving their or even visiting. Again, the only kind of person that can be discouraged in such a way.