FAC Sues Seminole County, Florida over Sex Offender Exclusion Zones Ordinance

LAKE MONROE, FLORIDA – September 16, 2015
The Florida Action Committee (FAC) has sued Seminole County and its Sheriff over the County’s proximity ordinance, which prohibits certain registered sexual offenders and predators from traveling through or being present within “exclusion zones” that encompass most of the County. The problem is that the zones are so broad and so vague that law abiding registered citizens cannot comply with the ordinance.

Florida Institutional Legal Services Project of Florida Legal Services, a non-profit law firm, represents FAC in the lawsuit, which was filed today in Federal Court in the Middle District of Florida.

The lawsuit alleges the ordinance violates the First, Eighth and Fourteenth Amendments of the Constitution, as well as a citizen’s right to intrastate travel under the Florida Constitution. “The ordinance literally makes it impossible for a registered citizen to travel through the County without risking criminal prosecution” said Gail Colletta, President of FAC.

The ordinance, which is applied to all registered citizens regardless of their date of offense and endures for the rest of their lives, prohibits individuals convicted of certain sexual offenses from traveling through or being present within 1,000 feet of any school, daycare center, park or playground in Seminole County. The resulting exclusion zones extend onto public roads and sidewalks. In areas such as Sanford the exclusion zones overlap and create barriers to any kind of travel in or through the city. Registered citizens are not permitted to enter or even travel through the exclusion zones except for very limited exceptions. The exceptions do not allow routine lawful activities such as such as banking, food shopping or visiting family. Many public transit bus stops and all bus routes are in, or pass through, exclusion zones.

The exclusion zones are not marked and registered citizens have no way of determining where zones begin or end. Playgrounds are defined to include public and private play areas, many of which are not reflected on any maps. A person can be found guilty of violating the exclusion zone even if they unintentionally enter the zone and registered citizens are at constant risk of inadvertently violating the Ordinance. The Ordinance also applies to all registered citizens traveling through the County even if they do not reside there and have no knowledge of the restrictions.

The lawsuit seeks a permanent injunction preventing the county from enforcing the Seminole ordinance.

A copy of the lawsuit can be found here: https://floridaactioncommittee.org/wp-content/uploads/2015/09/FAC-v-Seminole-Complaint.pdf

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Florida Action Committee (FAC) Founded in 2006 as a non-profit advocacy group, is a state-wide consortium of concerned citizens and professionals whose purpose is to promote the prevention of sexual abuse while preserving the safety and dignity of all citizens through carefully structured laws targeting the truly violent, forced, and/or dangerous predatory acts of sex. FAC believes that many aspects of the current approach to sex offenders seriously undermine justice and actually increase the threat of sexual assault against others, particularly children. FAC opposes a publicized registry of sex offenders and seeks to bring an end to the humiliation of people who have already paid for their crimes. FAC asserts that only by supporting justice for all people—offenders and victims alike can a truly safe society be built and secured for all Americans.

Florida Institutional Legal Services Project The FILS Project is dedicated to protecting and advancing the rights of indigent people in state custody by providing high quality legal services. FILS represents juveniles, immigrants, inmates, prisoners and other detainees in a wide variety of state and federal institutions. Our advocates represent the institutionalized and the recently released in individual cases, class actions, and impact litigation.