Published on: Saturday, October 29, 2022

Over the last 25 years, Florida has repeatedly amended its sex-offender-registry law to require more information, more frequent updates, and more in-person meetings. The most recent amendments, from 2018, require registrants to report any absence from their permanent residence, for any reason, that lasts more than three days. And any failure to comply with the registry is a third-degree felony. Seven registrants, all of whom committed their crimes more than 25 years ago, sue.

Plaintiffs: this violates the ex post facto clause, the Eighth Amendment prohibition against cruel and unusual punishment, and our substantive and procedural due process rights. District court: your claims are time-barred. Dismissed. Eleventh Circuit: because the registration requirements inflict an ongoing injury, several of these claims are not barred by the statute of limitations. Case undismissed. 

The case is Doe v. Swearingen, No. 21-10644, (11th Cir. Oct. 21, 2022).