CALL TO ACTION FOR FLOOR VOTES ON HB 1085 AND SB 1252 – RED LETTERING ON DRIVER’S LICENSES
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At the time of the posting of this Call To Action, the dates for the floor votes have not been determined.
The many calls, emails, and letters on these bills are having an effect as opposition to these bills is starting to come from some of our legislators. Representative Maney was not nearly as confident in the third committee meeting as he was in the first one. He even acknowledged that legislators have been sharing concerns with him about the red lettering. SO, NOW IS NOT THE TIME FOR US TO LET UP!!!
ALL 160 FLORIDA LEGISLATORS NEED TO HEAR FROM US BEFORE THE FINAL FLOOR VOTE CONCERNING THE UNCONSTITUTIONAL RED LETTERING ON THE DRIVER’S LICENSES PROPOSED IN THESE TWO BILLS.
You might also want to include a sentence or two about your opposition to HB 833, the reporting of 24-hour stays at vacation rentals. Talking points for this bill are posted in the Call To Action for HB 833 at floridaactioncommittee.org.
PLEASE do the following:
- Email all 160 members, or as many members as you can, in the Florida legislature. If you cannot email our legislators, or choose not to, please call as many as you can.
- State that you OPPOSE the part of both bills that would require the red lettering on driver’s licenses for people on the registry.
- Mention that you are a constituent if you happen to live in the legislator’s district.
- Give some reasons as to why you oppose these bills. (Refer to suggestions made below.)
- Ask family members and friends to also call to oppose the red lettering. (If these people live out of state: they can state that they are concerned that such unconstitutional laws could spread to their state; they travel to Florida and do not feel comfortable visiting a state that does not abide by the U.S. Constitution, etc.)
- If our emails are treated as spam, then they will never be read. The FAC IT Committee recommends that we send only ONE EMAIL at a time to assure this does not happen.
- Even if you are not able to email (or call) all 160 legislators, please email as many as you can. Every little bit helps.
- Please work on the House of Representatives (HB 1085) first as their floor vote could be sooner than the vote in the Senate (SB 1252). There has to be 3 days between the last committee meeting and the floor vote, so the vote on SB 1252 would come at the middle of next week at the earliest. The last committee meeting for HB 1085 was April 17. Its floor vote could come as early as this Friday, April 21. SO, PLEASE START EMAILING THE HOUSE OF REPRESENTATIVES FIRST. THEN WORK ON EMAILING THE SENATORS.
Comments made by Representative Patt Maney at the April 17 House Infrastructure Strategies Committee that need to be corrected:
- When asked for an example of why it was necessary to change the markings that are already present on the driver’s licenses or identification cards for people on the sex offense registry, the only answer Maney could come up with was that “not everyone is as careful as you are”, i. e., law enforcement and landlords are not as careful. (Law enforcement uses the David check or FDIC which typically comes back in minutes with a greater history of who the person is. Additionally, law enforcement is not saying that they are having a difficult time seeing the statute number or the words “SEXUAL PREDATOR.”)
- Maney argued that marking the front of the driver’s license in red is the least intrusive way. (Two other representatives argued that the red lettering is NOT less intrusive than what is currently used on the licenses. Courts have said the markings need to be the least restrictive means.)
- Maney argued that the red lettering of the information on the driver’s license is totally unlike the Louisiana and Alabama cases. (The red lettering is not “totally unlike” the LA and AL cases. The courts in both cases specifically said that the state must use the “least restrictive means’ in conveying its message because such a message – and code or announcement on the cards – constitutes compelled speech under the First Amendment, so strict scrutiny applies. The whole point of HB 1085 and SB 1252 is to make the driver’s licenses for people on the registry very noticeable to the average person, which is exactly what the courts in LA and AL said is prohibited by the U.S. Constitution. Representative Maney needs to read both entire cases.)
- Maney stated that words are not on the Florida licenses – just letters. (This is incorrect. Either the statute number is on the front of the license or the words SEXUAL PREDATOR.)
- Maney stated that some law enforcement in smaller Florida communities may treat people differently than law enforcement officials do in cities. (The implication made was that law enforcement in our smaller communities are not as capable as law enforcement in the larger cities. There was no documentation given to back up such a statement.)
- Maney stated that the red lettering on the Florida licenses would be clearly less intrusive than what Alabama is using. (The point is not which is less intrusive but whether the state is using the least intrusive means. This is the point that Representative Maney does not want to deal with.)
- When asked whether people who had adjudication withheld can be placed on the registry, Maney thought they could not. (Maney is wrong. The Florida Sex Offender Act specifically states that having adjudication withheld is irrelevant and that such persons must be required to register.)
- When asked if Romeo and Juliet offenders can be placed on the registry, Maney said he did not know. (In the Romeo and Juliet cases, it is very difficult for individuals to be removed because there is controlling case law in Florida that says in order for a person to be removed, they cannot still be required to register under Federal SORNA, which most of them are because under Federal SORNA, if any force was used, that automatically makes the person a Tier III offender who must register for life or at least 25 years if they were under 18 at the time of the offense. Many of the Romeo and Juliet registrants are unable to get off the registry. Even for those who are eligible to be removed, many have no idea that they are eligible, or if they do know they are eligible, they do not have the money to hire an attorney to apply for the removal. Money is difficult for many registrants to come by because of the Scarlett Red Letter hung around their neck that can make it impossible to find a decent-paying job.)
Representative Maney does not have a clear understanding of the statutes and case law for people with a sex offense. Please consult with attorneys that do have such knowledge before voting on HB 1085 or SB 1252.
Additional talking points:
- Florida currently has two court cases challenging the markings on the licenses and identification cards. One is in the Southern District with the other case being in the Northern District. This is all public record.
- Similar provisions in Louisiana and Alabama have been struck down as unconstitutional on First Amendment grounds. Both the Supreme Court of Louisiana, on the state level, and the Middle District of Alabama, on the federal level — two very conservative courts — have ruled that states must employ the least restrictive means when branding the driver’s licenses and identification cards for persons required to register as sex offenders.
- Currently, a discrete numerical code appears in blue on the driver’s licenses of persons required to register in Florida. Sheriffs and police officers throughout the state are already aware of this code and its meaning, as are most schools. In fact, most schools in this state employ card scanning technology that immediately alert school officials to the card holder’s status. The red-letter provision of SB 1252 and HB 1085 are therefore as unnecessary as they are unconstitutional.
- As several House Representatives recently acknowledged during committee deliberations, the red-letter provision of this bill is clearly unconstitutional, as it constitutes compelled speech that does not utilize the least restrictive means of expressing that the card holder is required to register. Supporting the red-letter provision of this bill is not being “tough on crime,” but rather is being tough on the First Amendment, whose guarantees protect all individuals, even the most unpopular members of society, from government compelled speech and shaming, which would be the practical effects of the red-letter provision of SB 1252 and HB 1085.
- There are currently 52 registry requirements for people on the registry. Every Florida legislator should have received a copy of the timeline of these registry requirements that started off with 3 in 1997 and have grown to 52 by 2020. Failure to fulfill any of these requirements could lead up to 5 years of imprisonment, even for the thousands of Florida registrants who are now law-abiding citizens.
- With a possible 53rd punitive registry requirement being passed into law, the tens of thousands of people on the Florida registry, along with family members and friends who are punished by these registry requirements, are beginning to unite to file a lawsuit if HB 1085 and SB 1252 are passed into law. Talks have begun with attorneys.
- It is the responsibility of our elected Florida Legislators to ensure that all bills passed into law are constitutional. It should NOT have to be the responsibility of hard-working Florida citizens to ensure that new laws are constitutional by having to file costly lawsuits. LEGISLATORS, PLEASE DO YOUR JOB!
Emails and Phone Numbers for Florida House of Representatives:
- Shane G. Abbott: [email protected] (850) 717-5005
- Thad Altman: [email protected] (850) 717-5032
- Daniel Antonio “Danny” Alvarez: [email protected] (850) 717-5069
- Carolina Amesty: [email protected] (850) 717-5045
- Adam Anderson: [email protected] (850) 717-5057
- Robert Alexander “Alex “Andrade: [email protected] (850) 717-5002
- Bruce Hadley Antone: [email protected] (850) 717-5041
- Kristen Aston Arrington: [email protected] (850) 717-5046
- Jessica Baker: [email protected] (850) 717-5017
- Douglas Michael “Doug” Bankson: [email protected] (850) 717-5039
- Webster Barnaby: [email protected] (850) 717-5029
- Robin Bartleman: [email protected] (850) 717-5103
- Fabián Basabe: [email protected] (850) 717-5106
- Melony M. Bell: [email protected] (850) 717-5049
- Mike Beltran: [email protected] (850) 717-5070
- Christopher Benjamin: [email protected] (850) 717-5107
- Kimberly Berfield: [email protected] (850) 717-5058
- Dean Black: [email protected] (850) 717-5015
- David Borrero: [email protected] (850) 717-5111
- Adam Botana: [email protected] (850) 717-5080
- Robert A. “Robbie” Brackett: [email protected] (850) 717-5034
- LaVon Bracy Davis: [email protected] (850) 717-5040
- Robert Charles “Chuck” Brannan III: [email protected] (850) 717-5010
- James Buchanan: [email protected] (850) 717-5074
- Demi Busatta Cabrera: [email protected] (850) 717-5114
- Daryl Campbell: [email protected] (850) 717-5099
- Jennifer Canady: [email protected] (850) 717-5050
- Michael A. “Mike” Caruso: [email protected] (850) 717-5087
- Joe Casello: [email protected] (850) 717-5090
- Hillary Cassel: [email protected] (850) 717-5101
- Kevin D. Chambliss: [email protected] (850) 717-5117
- Linda Chaney: [email protected] (850) 717-5061
- Charles Wesley “Chuck” Clemons Sr.: [email protected] (850) 717-5022
- Lindsay Michelle Cross: [email protected] (850) 717-5060
- Dan Daley: [email protected] (850) 717-5096
- Kimberly Daniels: [email protected] (850) 717-5014
- Fentrice Driskell: [email protected] (850) 717-5067
- Wyman Duggan: [email protected] (850) 717-5012
- Lisa Dunkley: [email protected] (850) 717-5097
- Jervonte “Tae” Edmonds: [email protected] (850) 717-5088
- Anna V. Eskamani: [email protected] (850) 717-5042
- Tiffany Esposito: [email protected] (850) 717-5077
- Tom Fabricio: [email protected] (850) 717-5110
- Juan Alfonso Fernandez-Barquin: [email protected] (850) 717-5118
- Randy Fine: [email protected] (850) 717-5033
- Gallop Franklin II: [email protected] (850) 717-5008
- Ashley Viola Gantt: [email protected] (850) 717-5109
- Alina Garcia: [email protected] (850) 717-5115
- Sam Garrison: [email protected] (850) 717-5011
- Mike Giallombardo: [email protected] (850) 717-5079
- Karen Gonzalez Pittman: [email protected] (850) 717-5065
- Peggy Gossett-Seidman: [email protected] (850) 717-5091
- Michael “Mike” Gottlieb: [email protected] (850) 717-5102
- Michael Grant: [email protected] (850) 717-5075
- Tommy Gregory: [email protected] (850) 717-5072
- Philip Wayne “Griff” Griffitts Jr.: [email protected] (850) 717-5006
- Jennifer “Rita” Harris: [email protected] (850) 717-5044
- Dianne “Ms Dee” Hart: [email protected] (850) 717-5063
- Fred Hawkins: [email protected] (850) 717-5035
- Yvonne Hayes Hinson: [email protected] (850) 717-5035
- Jeff Holcomb: [email protected] (850) 717-5053
- Christine Hunschofsky: [email protected] (850) 717-5095
- Berny Jacques: [email protected] (850) 717-5059
- Dotie Joseph: [email protected] (850) 717-5108
- Sam H. Killebrew: [email protected] (850) 717-5048
- Traci Koster: [email protected] (850) 717-5066
- Chip LaMarca: [email protected] (850) 717-5100
- Thomas J. “Tom” Leek: [email protected] (850) 717-5028
- Johanna López: [email protected] (850) 717-5043
- Vicki L. Lopez: [email protected] (850) 717-5113
- Randall Scott “Randy” Maggard: [email protected] (850) 717-5054
- Patt Maney: [email protected] (850) 717-5004
- Ralph E. Massullo, MD: [email protected] (850) 717-5023
- Stan McClain: [email protected] (850) 717-5027
- Lawrence McClure: [email protected] (850) 717-5068
- Fiona McFarland: [email protected] (850) 717-5073
- Lauren Melo: [email protected] (850) 717-5082
- Kiyan Michael: [email protected] (850) 717-5016
- James Vernon “Jim” Mooney Jr: [email protected] (850) 717-5120
- Angela “Angie” Nixon: [email protected] (850) 717-5013
- Tobin Rogers “Toby” Overdorf: [email protected] (850) 717-5085
- Bobby Payne: [email protected] (850) 717-5020
- Daniel Perez: [email protected] (850) 717-5116
- Jenna Persons-Mulicka: [email protected] (850) 717-5078
- Rachel Lora Saunders Plakon: [email protected] (850) 717-5036
- Susan Plasencia: [email protected] (850) 717-5037
- Juan Carlos Porras: [email protected] (850) 717-5119
- Michele K. Rayner-Goolsby: [email protected] (850) 717-5062
- Paul Renner: [email protected] (850) 717-5019
- Alex Rizo: [email protected] (850) 717-5112
- Spencer Roach: [email protected] (850) 717-5076
- Felicia Simone Robinson: [email protected] (850) 717-5104
- William Cloud “Will” Robinson Jr.: [email protected] (850) 717-5071
- Bob Rommel: [email protected] (850) 717-5081
- Rick Roth: [email protected] (850) 717-5094
- Dr. Joel Rudman: [email protected] (850) 717-5003
- Michelle Salzman: [email protected] (850) 717-5001
- Jason Shoaf: [email protected] (850) 717-5007
- David Silvers: [email protected] (850) 717-5089
- Tyler I. Sirois: [email protected] (850) 717-5031
- Kelly Skidmore: [email protected] (850) 717-5092
- David Smith: [email protected] (850) 717-5038
- John Snyder: [email protected] (850) 717-5086
- Paula A. Stark: [email protected] (850) 717-5047
- Kevin M. Steele: [email protected] (850) 717-5055
- Cyndi Stevenson: [email protected] (850) 717-5018
- Allison Tant: [email protected] (850) 717-5009
- John Paul Temple: [email protected] (850) 717-5052
- Josie Tomkow: [email protected] (850) 717-5051
- Dana Trabulsy: [email protected] (850) 717-5084
- Chase Tramont: [email protected] (850) 717-5030
- Keith L. Truenow: [email protected] (850) 717-5026
- Kaylee Tuck: [email protected] (850) 717-5083
- Susan L. Valdés: [email protected] (850) 717-5064
- Katherine Waldron: [email protected] (850) 717-5093
- Patricia H. Williams: [email protected] (850) 717-5098
- Marie Paule Woodson: [email protected] (850) 717-5105
- Taylor Michael Yarkosky: [email protected] (850) 717-5025
- Bradford Troy “Brad” Yeager: [email protected] (850) 717-5056
- PENDING SPECIAL ELECTION
Emails and Phone Numbers for Florida Senators:
- Ben Albritton: [email protected] (850) 487-5027
- Bryan Avila: [email protected] (850) 487-5039
- Dennis Baxley: [email protected] (850) 487-5013
- Lori Berman: [email protected] (850) 487-5026
- Lauren Book: [email protected] (850) 487-5035
- Jim Boyd: [email protected] (850) 487-5020
- Jennifer Bradley: [email protected] (850) 487-5006
- Jason Brodeur: [email protected] (850) 487-5010
- Doug Broxson: [email protected] (850) 487-5001
- Danny Burgess: [email protected] (850) 487-5023
- Colleen Burton: [email protected] (850) 487-5012
- Alexis Calatayud: [email protected] (850) 487-5038
- Jay Collins: [email protected] (850) 487-5014
- Tracie Davis: [email protected] (850) 487-5005
- Nick DiCeglie: [email protected] (850) 487-5018
- Ileana Garcia: [email protected] (850) 487-5036
- Erin Grall: [email protected] (850) 487-5029
- Joe Gruters: [email protected] (850) 487-5022
- Gayle Harrell: [email protected] (850) 487-5031
- Ed Hooper: [email protected] (850) 487-5021
- Travis Hutson: [email protected] (850) 487-5007
- Blaise Ingoglia: [email protected] (850) 487-5011
- Shevrin Jones: [email protected] (850) 487-5034
- Jonathan Martin: [email protected] (850) 487-5033
- Debbie Mayfield: [email protected] (850) 487-5019
- Rosalind Osgood: [email protected] (850) 487-5032
- Kathleen Passidomo: [email protected] (850) 487-5028
- Keith Perry: [email protected] (850) 487-5009
- Jason Pizzo: [email protected] (850) 487-5037
- Tina Scott Polsky: [email protected] (850) 487-5030
- Bobby Powell: [email protected] (850) 487-5024
- Ana Maria Rodriguez: [email protected] (850) 487-5040
- Darryl Rouson: [email protected] (850) 487-5016
- Corey Simon: [email protected] (850) 487-5003
- Linda Stewart: [email protected] (850) 487-5017
- Geraldine Thompson: [email protected] (850) 487-5015
- Victor Torres: [email protected] (850) 487-5025
- Jay Trumbull: [email protected] (850) 487-5002
- Tom Wright: [email protected] (850) 487-5008
- Clay Yarborough: [email protected] (850) 487-5004
Every email/call gets tallied. Every respectful communication is an excellent opportunity to change a mind about our community with a lawmaker. YOUR EFFORTS DO MAKE A DIFFERENCE!
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I would like to thank FAC for all their incredible work and dedication to informing us and putting together these “call to action” posts. I have been blessed to see just a tiny bit of the tireless work that these volunteers do behind the scenes. It is remarkable to witness their dedication to sending out mailings and speaking with legislators and their aides and arranging press releases and educating legislators on their own bills. So much that most of us never see or know about.
I would ask those that read these posts to please try and make your best effort to help out in these calls to action. It is the best way to thank those who are doing so, so much for us. And also to support those legislators who do support doing the right thing and have been brave enough to speak out. I actually had one legislator’s office call me back early on in this effort to inform me of where the bill was going next and asked me to call those up coming committee members and voice my opposition. Of course I did and was planning too. So if a legislator is asking for help to help us, then let’s do this! Do what you can and know as the calls and emails grow in number there will be change.
(ps -always be polite)
After working all day to take care of my family. I have to chek in here with FAC eveyday to see what the state I live in will do next to make my life even harder. I paid all my taxes state and federal, been offence free for 33 years, yet still the punishment increases for me and my family. Its exhausting to be honest. I never in a million years though this would go this far. It makes me sad to think that I may have to sell my home and uproot my children to move to another state because the state I live in will not stop persecuting me. I just don’t know what else to do anymore. I guess the ability to provide for and protect my kids don’t count becuase someone needs a vote or two or want there name on a law they made.
What else can they do to us, except kill us.
It is not over by a long shot.
Please don’t give them any ideas. They, the government, youtubers, and other assorted vigilantes are already threatening to do so.
Well they just did expand the death penalty to sex offenses AND allowing the death penalty with only 8 jurors. I expect Lauren Book to be first in line to flip the switch.
I’m just waiting for Book to finally reopen the Hallibubrtonconcentration camps that have been on standby and just round up the registrants. FAC is afraid to say this outloud, but I have no problems saying it. Lauren Book is pure evil.
Wow Derek, That’s really not fair. What if someone called you pure evil instead of once fallen. I’m sure we all understand the situation but getting paranoid is not the way. Authorities have a job to do and yes power can go to one’s head even the person that got mixed up in this so called FTR. or forced to registrar.
Nobody forces anyone or does a prostitute force one in bed when one goes to a cat house. Authorities know exactly what they are doing in these inducements to string one along. So is government the devil in disguise or the entice r or enforcer.
Sure people can call anyone in a name calling ruckus but we can’t cry over spilled milk. Law enforcement know they are wrong or is that the way to skin a cat. A grain of salt goes a long way so either one uses it or loses it.
That is in the works too. To kill us, that is.
From what I understand, Book has a bill to give certain sex offenses the death penalty. Are we looking into this new bill?
[Moderator’s note: This bill is is now law. FAC’s take on this law may be found here:
https://floridaactioncommittee.org/bills-filed-in-both-the-florida-senate-and-house-that-would-allow-the-death-penalty-for-child-rapist/
Here are a few Cases to Referr them too:
Wooley V Maynard
WV Board of Education V Barnette
Doe V Marshall
State V Tazin Ardell Hill LA Supreme Court SCOTUS Denied Hearing
Cory McClendan V Gary Long 11th Ciruit — Sign Case out of GA
303 Creative LLC V Elenis out of Colorado Oral Arguments Heard by SCOTUS on December 5th.
The first 5 all were wins by those fighting the compelled speech and the 6th is still being Decided by SCOTUS but looks to be another win against the Colorado Compelled Speech law,
Lastly and I will admit Loosly Masterpiece Cakeshop V Colorado Civil Rights Commission.
Great post. Glad to see that this is has not been set for a floor vote. Perhaps when calling and emailing we stress less about registrants and more about the First Amendment and compelled speech. This gives them grounds to remove that portion of the bill on First Amendment grounds and not to appear caving to registrants
Yes, most of our legislators care nothing about facts/research, but they should care about costly lawsuits. Of course, lawsuits do not cost them anything. It is us, the taxpayers, who have to foot the bill.
Brevard commissioners said “insurance” would cover the cost of the lawsuit they lost and acted like it was no big deal
Thank you for the people in attendance that spoke up against this blatant scarlet letter poly. It’s funny how they so carefully avoid using the word punishment when voicing their views.
It’s frustrating that he seemed more concern with the different theme parks vanity plates then our issue.