Deltona seeking to tighten restrictions on where sex offenders can live
The City of Deltona, Florida is considering expanding their Sex Offender Residency Restrictions. A resolution was brought forward this past Monday to “add “Designated School Bus Stops, Libraries, and Churches to the list defining locations as to where children congregate so that distancing calculations as to living restriction where an individual convicted of a violation of F.S. Section 794.011, 800.04, 827.071, 847.0135(5) or 847.0145 or similar law of another jurisdiction, regardless of whether adjudication has been withheld, may reside in the City of Deltona. Additionally, revision to Sec 48-2 (4) Temporary residence definition changed from five days to three”
We encourage you to write to the commissioners at [email protected] and ask them to OPPOSE the measure.
Any members in or around Deltona are encouraged to contact the commission to find out the status of the amendment and share their findings in the comments below.
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The link below is what these folks think all of us on the registries are, monsters.
https://www.foxnews.com/us/california-authorities-rescue-girl-pedophile-congress
The people pushing this are sicker than almost anyone who is actually on the registry.
Whatever else they take from you, don’t let them cause you to forget that you are good people and THEY are the bad guys (as are all the ignorant people cheering them on.)
These people are so late to the game. More than a decade late since Florida practically invented the first residency restriction and the Books took that to another level. You would think by now they be informed of the many well researched evidences that these type of restrictions don’t work. Or maybe they do know, but just don’t care. That seems to be the norm.
It’s my contention that the State of Florida “created a new crime” with the establishment of sec 794.065 in 2004 (now codified in sec 775.215) The States intention was to punish not remedial.
In determining whether a law was civil, not criminal, Courts employ a two part test:
(1) Did the legislature intend to impose punishment?
(2), if not, is the statutory scheme “‘so punitive either in purpose or effect as to negate the State’s intention’ to deem it ‘civil.’”
To date all litigation challenging the residency restriction has been limited to the second question. Applying the highly subjective seven factors of Kennedy V Mendoza, has made it nearly impossible to show that a so called remedial law has a criminal purpose or effect through the ex pot facto challenge. Courts have easily manipulated these factors in deference to the States.
If a court were to find 775.215 criminal that ends the inquiry.
Florida State constitution:
Section 11 paragraph 9: this section shall be strictly construed to maintain such supremacy of this Constitution and of the Legislature in the enactment of general laws “(Punishments for Crimes)” pursuant to this Constitution.
Because the punishment imposed by 775.215 is a 1,000 foot exclusionary zone, the constitution would prohibit the counties from increasing the punishment imposed by the State.
But then I’m just another jailhouse lawyer
https://floridaactioncommittee.org/wp-content/uploads/2020/04/State-v-Wright-Nassau-County-SORR-Case.pdf
Go to bottom of page 5
just tired:
Getting grandfathered in means, “don’t worry until we get a different mayor or city council and they change their minds or our current mayor or city counsel gets called out by your neighbors” (or another valigator val).
You stand a good chance of being left alone if you lay low (which isn’t right. It’s like telling a black man to be quiet and the white folks won’t mess with him). We are in uncharted territory in Michigan and I believe it is only a matter of time before Florida comes around.
Like FAC mentioned “keep working the courts”.
just tired:
If you were forced out of your house in Ocoee within the last 3 years, you should discuss it with a good attorney to see if you can sue. Mann v Georgia is an out of state case but does allude to federal case law. The statute of limitations vary, but you can sue for most things within 3 years and sometimes longer. It would be nice if you could pick up a little change out of a lawsuit.
In a sense I was but I went to prison in 2011 and got out in 2012 to find out I could not return to my home. I was to close to a park but thats not the kicker, I was told I am not able to live anywhere within the city even If I was far enough away from anything. It was devastating. It took me years before I could remodel the house to sell and move my wife to a new home where I was approved.
I spoke to the criminal unit for Volusia county and I am told that I am grandfathered in. I was approved to l live there prior to Deltona changing their residency restrictions tighter as along as I do not move.
Get it in writing if you can.
Get it in writing like Bob said but also do what you can to help kill this horrible idea. Heidi Herzberg is on FB, let her know what you think.