Mark Patrick Lange v. Florida Department of Law Enforcement; Carmine Marceno, in his official capacity as Sheriff of Lee County

Summary

The United States District Court for the Middle District of Florida denied Mark Lange’s emergency motion for a preliminary injunction seeking to prevent enforcement of Florida’s sexual-offender registration requirements. The court held that Lange had not shown a substantial likelihood of success under Florida Statute § 943.0435, including because fewer than 25 years had passed since his Minnesota registration requirement ended and because statutory exclusions might apply. The court also concluded that Lange had not shown the requested injunction would serve the public interest.

Holdings

1. Lange failed to show a substantial likelihood of success because section 943.0435(11)(a) requires a petition for removal and, as an initial requirement, at least twenty-five years after lawful release from confinement, supervision, or sanction, whichever is later; fewer than seventeen years had elapsed since his Minnesota reporting obligation ended.
2. Lange failed to establish a substantial likelihood of success on his remaining claims because he did not show that section 943.0435(11)(b) exempted him from Florida's reporting requirements.
3. Lange failed to show that the requested preliminary injunction would not be adverse to the public interest because he made no allegation explaining how the injunction would serve the public interest.

Questions Presented

1. Whether Lange demonstrated a substantial likelihood of success on his claim that Florida Statute section 943.0435(11)(a) required removal of his name from Florida's sexual-offender registry.
2. Whether Lange demonstrated a substantial likelihood of success on his remaining claims, which relied on Florida Statute section 943.0435(11)(b) and various constitutional and statutory theories.
3. Whether the requested preliminary injunction would be adverse to the public interest.

Disposition

other