Has anyone ever found out the basis for the calculation of “safe distances”? Is there a scientific basis – or is it just arbitrary? “Everyone else is doing it” Could they also be considered “capricious”? Isn’t that a constituional issue?

I have heard of people creating 2 ft. square patches of grass and calling them a “park” to take advantage of this.

https://floridaactioncommittee.org/wp-content/uploads/2020/04/State-v-Wright-Nassau-County-SORR-Case.pdf

Go to bottom of page 5

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

This just shows the single mindedness of city officials. He states he is against making someone have to move, but also against the grandfather ordinance. He would prefer that they never bring a bus stop within range. So tell me commissioner, is this going to be the same idea for churches, schools, daycares, playground, youth activity centers, etc.? I mean, you can’t really screw over one without the other as well. No eating your cake if you cannot even obtain it in the first place.

https://www.foxnews.com/us/california-authorities-rescue-girl-pedophile-congress

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.

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.)

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.

S943.0435 justification is almost as inflammatory and also unproven:

“(12) The Legislature finds that sexual offenders, especially those who have committed offenses against minors, often pose a high risk of engaging in sexual offenses even after being released from incarceration or commitment and that protection of the public from sexual offenders is a paramount government interest. Sexual offenders have a reduced expectation of privacy because of the public’s interest in public safety and in the effective operation of government.”