As the change to the registration statute, reducing the number of days to register from 5 to 3, will undoubtedly increase the frequency of registration, we reached out to FDLE with questions about the enforcement.
Previously, a brief get-a-way, like a family trip for Memorial Day this coming weekend would have not triggered a registration requirement, now it will. That requires taking an extra day off to meet the IN PERSON registration requirement. Even if you wanted to come back a bit early to take care of it and avoid missing work, you can’t, because registration offices are not open!
Below, you can find a copy of the letter sent to the FDLE, asking for clarification on the law.
Letter To FDLE re July 1 requirements 05252018
Additionally, please consider contributing to our IN PERSON registration challenge. The purpose of this lawsuit will be to challenge the increasing number of events that require IN PERSON registration, where these things can easily be taken care of online or by telephone. We already must report IN PERSON two or four times per year, Reporting something like a vehicle change (which gets pulled from DHSMV anyway) or brief travel should not require having to take extra time off work to appear IN PERSON. You can donate to this cause here: https://floridaactioncommittee.org/donations/ we are just over 1/4 of the way there! Every little bit helps – let’s try to get to 50% funded this week!
any response yet ?
None – it would be posted immediately upon receipt
I just had a thought about when returning from a 3 or more day trip. Will one have to re-check in with the registry office and the DMV upon return?
I have not seen this question addressed and the law seems ‘iffy’ when read.
Is there anyone who actually tracks this sort of “change”? How much tax payer money was forked out to their politicians to change from 5 to 3, and based in what – or am I being too logical to think that any changes should come from a documented “need” that has measurable outcomes?
Michael – if you check our other posts you’ll see that we requested any such materials that the legislature considered. We did this through a public information request.
I traveled via jet to Michigan back in early April not long after I finished a 10 year probation sentence. It was my first time traveling out of state and to say I was nervous and anxious is an understatement. But I notified OCSO a week before leaving in person, they wanted to know all the addresses I would be staying at and my return date.
Michigan doesn’t require notifications if its 7 days or less with out of state RSOs so that was nice. And before I left, I got my residence counties’ email address in case something happened to delay my return.
Well something did happen, my flight leaving was delayed 8 hours and it nearly pushed me into the next day..past my reported time to be back.
I emailed the powers that be my flight info and delay info and they responded with “just keep us updated”. Fortunately, I arrived home at 10pm that night, so I made it.
My point is, we, RSOs still need to try and live life. But we are forced to do so out of an abundance of threat of jail. Thanks to Gail and everyone at FAC for keeping us out of harm’s way.
These inane laws are getting so freaking confusing. What about the scenario if one is traveling out of state for a vacation? You go to the SO office and give them your itinerary. Let’s say you are going to GA for 10 days – as we saw in another thread GA gives you 14 days before you have to register with them. So as long as you give FL your plans before you go you do not need to keep contacting FL every 3 days do you? And while in GA you comply with their rules correct? IE if they allow parks visits then you have no issue – correct?
I’m not sure if these questions are serious or not anymore.
If you establish a temporary residence in GA (or anywhere in the US) for 10 days (or any period 3 or more days), you are required to register in FL. If you leave the country for any period of time, you are required to register in FL.
You do not need to keep contacting FL every 3 days.
While you are in GA (or anywhere you go) you have to comply with their laws.
Yes – I would never waste your time with a question that I was not serious about – it is confusing. Now. after all the years I have posted here, you make me apprehensive to ask a question.
Sorry to waste your time.
Sorry Karen, Please don’t be apprehensive.
I’m just finding myself giving the same information over and over.
Don’t be afraid Karen. I have seen how many times FAC has had to reply to the same question, whether or not we are asking to impress how ridiculous. However, each question does and will continue to help someone out there who maybe doesn’t ask anything out of lawmaking induced fear and embarrassment, and confusion. I personally thank you for your questions and look forward to obtaining more knowledge from this site than any other statute, legal documents, or even verbal explanation has offered. Have a blessed day.
Was just wondering how this applies with residency restrictions.
If I want to stay somewhere for more than 2 days, do I have to make sure there’s no school/park/etc. within 1000 ft? If I travel to a state with less restrictive or no residency rules, do my FL restrictions still apply?
Also how long does the location remain on the public registry? If I visit a friend for a few days and register their address, will it show up on searches for the rest of the year?
For the most part residency restrictions and proximity ordinances are municipal. The state has a 1000 ft SORR that applies to residences.
Your question asks, “If I want to stay somewhere for more than 2 days…” so, presumably, since you would be staying somewhere 3 or more days, as of 7/1/2018 you would be establishing a temporary residence and you WOULD be subject to the State SORR if your case was newer than 2004.
You would also need to check the COUNTY and CITY ordinances to find out what their rules are. There is no one universal SORR or proximity ordinance for all of Florida. Counties and Cities can make their own, which is stricter than the State’s and might even be retroactive.
THANK YOU FAC! I can see that your repeated answers appear to be going unheard, but I assure you, they are being heard. It’s just that in our situation, as a RSO, we have this sense of ‘everyone is out to get us’, so we are extra conservative in our self-protection, and the protection of any further damage to our families. I can put money on it that a large percentage of RSO are one time offenders, people who made a mistake at a very bad/difficult time in their lives, or as young adults who didn’t really understand the boundaries, legally. Again, I will say it, NO ONE IS WITHOUT SIN, yet those not actually caught in their sin or legal imperfections are the first to judge. So be it. We will just have to stick together and fight. Big win in Ft. Lauderdale this week. It will become a national win eventually.
Again, FAC, thank you for answering our questions so PC and quickly.
By the way, if I stay in a friends house for 3 nights, do I have to let my local SO know? ….JKJK, I know the answer. Whether it’s 3 days or 5, it doesn’t impact us all that much. Who it does impact very negatively is that already overworked, super-nice lady at the Sheriff’s registration office.
The FDLE did reply to our last letter. That was our inquiry whether out of state travel for less than the (3 or 5) established days requires registration. It does not.
What if your going on a cruise? You stay 3 days or more, how would you handle that to be in compliance? What if it’s a cruise to “no where” and your out to sea for more than 3 days?
Big J,
There are so many possibilities – some are completely unforeseeable. If you leave the country you have to report under IML and Florida Statutes. No matter where you go.
If you don’t establish a temporary, transient or permanent residence and you don’t leave the country, you don’t have to report it. You should ask the FDLE or a licensed attorney to give you an interpretation of the statute. This way you have a defense. Some may interpret the fact that the ship is moving to never establish a “residence” others may believe that the ship itself is a “residence”. Arguably, it would be like taking a trip with a motor home for a month and stopping at a different place every night. You’ll get two different opinions but then someone will point out that you need to register the “vehicle” anyhow.
As much as a pain in the ass it is to do, it might be worthwhile to err on the side of caution and just register. We are trying to raise funds to challenge the IN PERSON requirement, so that at least someone doesn’t have to take an extra day off, just to jump through the hoops.
FAC, Ok Thank you for the response. I will follow up and see what I can find out.
Big J. Please post on here what you find out. I was hoping to accompany my family on a cruise next year but wonder if maybe I should not even try. It’s too embarrassing to plan for something and then, oops, I can’t go because of these laws (lawmakers) try so hard to make me believe who I am. (Good thing I know better and I’m stronger than ever before) #tearsfortiers
Big J
FYI, most cruise ship companies compare their passenger manifests with the national sex offender list and do not allow RSO on their ships
..all the major oned are doing this..the smaller boutique ones, not so much
Bon Voyage
I grew up in the good ole days when in school…public at that…we were taught definitions and to think for ourselves. When I was in flight school in Pensacola all my possessions were with me; when I was in radar intercept school in Glynco, Georgia, all my possessions were with me; when I was in aircraft maintenance school in Millington, TN, all my possessions were with me. These were all temporary residences. When I go to visit friends or to a symposium for 3 or more days I do not have United Van Lines load up my stuff thus where I stay are not temporary residences. Like everything else nowadays some of our politicians think they can change definitions to meet their agendas. Even recently, ‘spies’ were termed ‘confidential informants’. I will continue to live my life by definitions I have known over the years. I did not serve in the Navy for 29 years so politicians could take away my liberties with ‘words’.
Some thoughts from a man who was considered for 25 years to be the best jailhouse lawyer in Ohio
The substantive prong of the Due Process Clauses of the 5th and 14th Amendments secures the right of all citizens to be free from arbitrary and capricious government conduct.
Since Congress and most State Legislators have been stupid enough to place the “purpose” of the AWA and equivalent State laws into the statutes, i.e., the erroneous assertion of high rates of recidivism, and all empirical data is in opposite, the laws are subject to challenge.
My research finds no lawsuit that focuses solely on the question of whether or not the registration laws are arbitrary laws in violation of substantive due process rights.
There is a line of law on arbitrary laws. It states that any law which was passed based upon a belief in erroneous facts by the legislative body is an arbitrary law and unconstitutional.
An interesting read:
https://www.riseearth.com/2018/06/elite-pedophile-jeffrey-epstein-who-ran.html#more
what is the challenge to this new law.? this sounds just like all the other
challenges to retroactive cases. we know that the state of florida will push any laws and get away with until they are challenged. even if they know the laws are unconstitutional. I am sorry I will not stand in the front line because I have a wife, grown children and grandchildren and
will not put them in harms way. please for give me. I am a rso with no job. my wife is only one working.
This thing is so confusing that I would just rather stay put. sigh
I did an on-going but I wasn’t sure what to choose so I opted for general fund. I hope that means you can use it where needed?
So for people coming into the state, is it 3 days no matter or 3 days in any one location?
3 days in one location.
Im just so lost not even a lawyer could give me an answer: if i fly to ny for 7 days and literally do not spend more than 2 days in any one location i dont need to register it then?
Now a bit off example: Or if i decide to travel the us and only spend 2 days in every state then its not reportable to florida?
If you do not establish a temporary permanent or transient address, you do not need to register it in Florida unless it’s international travel, where even if you step foot outside the country for a minute it’s reportable.
Other states may have laws that require you to register even if you step foot inside their state.
3 days in calender year!
Per my Probation Officer and Treatment Provider, the three days is legally enforceable as two overnight stays. Meaning, arrive by 10pm on your “First” day at your temporary lodging, rise in the morning for your “Second” day, stay overnight again, rise at 6am for your “third” day. You have stayed just over 32 hours but can be held accountable for not registering as the statute is being interpreted. Using this kind of interpretation you can bring the actual period of your stay down to 24 hours and 1 second if you have no curfew restrictions. Arrive 11:59:59pm on the “First” day, depart 00:00:01am on the “Third”day (only 24 hours and one second after arrival). So don’t get the mindset of three days being 72 hours. This kind of “fuzzy” law does not do a service to the citizens of Florida.
Richard – please give us the name of your PO and treatment provider so that we may correct them. They are wrong.
this is the same answer I got when I called to the FDLE in Tallahassee, if you arrive at a location up to 23:59 pm, and are there at 00:01 am, it is classified as 1 day
Do you have a record of who you spoke with at FDLE?
If you read the FDLE’s response to our lawsuits and what they advised us, that is not correct.
I dont, I called just after this as passed
I gather that the out of state travel requires notification no matter what, but what if you say want to go on vacation for 6 days and stay in three different motels?
not necessarily. only if you are going to establish a temporary, transient or permanent residence for 3 or more days.
If you don’t stay in one of the 3 different motels for 3 or more days the registration requirement (according to our understanding of the law – FAC is NOT a law firm) the requirement is not triggered.
if your out of state visiting and say you go to MD. and MD law says a temp residence is 14 days and that’s if they even say there is such a thing called temp. residency even though you are no longer in Florida visiting/vacatining/etc… or should you be hospitalized while out of state I don’t possibly see how Florida law could be enforced as you are no longer in the jurisdiction of hate (aka Florida) but I assume it would take someone being arrested to challenge that part of this hate crime(law)
Georgia use to be onw of the worst States for Sex Offender Registries. Then the ACLU sued, and then Georgia became one of the best States to get off the registry. How come the ACLU here in Florida can’t follow suit?
The ACLU is currently engaged in 2 lawsuits in Florida. One of which was filed in 2014, went to the 11th Circuit and back and is pending trial in the Southern District of Florida (currently scheduled for October). If you review our site regularly and sign up to receive our weekly updates, you will be kept informed about some of the happenings.
I have just completed probation. My adjudication was withheld in the original plea agreement and therefore still have my civil rights in tact. I have been hoping to plan a vacation to get away once probation was completed, but just received the notice via mail regarding the July 1st change to the residency 3 day rule. I am presuming that means if my stay occurs prior to July 1, 2018 within the state of FL and does not exceed 4 days at a single location, I am still compliant? I keep seeing information about retroactive, but I don’t see how they could enforce the new rule if this vacation occurs prior to July 1st, am I correct?
Also, if I so desire to stay at 2 different locations within the same county consecutively (all within the state of FL) for no more than 4 days at each location prior to July 1, I would not need to register within that county? Finally, once the new law is in effect, would I be able to stay within a specific county or counties in FL at various locations provided each stay did not exceed 3 days? Just trying to figure this out in order to stay compliant. I didn’t see any kind of wording on how long I am allowed to be away from my permanent residence without reporting travel plans outside of international/out of state travel. Any clarification from the FAC would be greatly appreciated.
DG – your interpretation matches ours. It’s only if you ESTABLISH a new temporary, permanent or transient residence that the registration requirement is triggered. It’s not clear, at this point, whether you would only be able to stay 1 night or 2, because the FDLE has not clarified whether partial days would be included in the 3 day rule.
The law only becomes effective on 7/1, so travel before and don’t stay more than 4 days in any one location.
All this said; this is based on our interpretation of the law and our discussion with attorneys. it is by NO MEANS legal advise. It should not be relied upon as a legal opinion and if you get arrested and waive an FAC post in front of the judge, it won’t carry any weight.
We have a request for clarification submitted to the FDLE. Presuming they write back, that opinion is something you can waive in front of someone. A bigger pain in the ass would be to request a declaratory judgment from the court or to wait until someone gets arrested for violating the new law and challenges it, to get a binding interpretation of what that means.
FAC I understand you are not giving legal advice but is it your opinion as I read here it’s the location and not the county? I thought if I stayed in MIami for example for more than 2 days I would need to actually go to say FT lauderdale that is in a different county to not tigger the rule. Does switching Hotels in the same county each for 2 days avoid this?
Thanks
it is our understanding that it is the location, not the county.
If you stayed at 2 locations within the same county for 3 or more days in a year EACH, you would need to register both. If you stayed at 4 locations within the same county for less than 3 days EACH, you would not have to register any.
Ok, this interests me.
So, if you are traveling, regardless of where, if you are at a location for 3+ days, you have to register it. I got that. Now, is that 3 days total, 3 days consecutive, 3 days in a year, 3 days in a month, 3 days in 6 months, what?
I haven’t seen anything that states what the 3 days is in terms of duration between events.
If I go to Location A, stay 2 days, go to Location B, stay 2 days, go to Location C, stay 2 days. I’m good to go. Now, this has all been within a week. Could I go back to Location A? Or would I need to go to X number of “other” locations for 2 day intervals before I returned to Location A? How long before I could return to Location A?
Also, if I went to Location A, spent 1 day there, and I was gone elsewhere for 6 months, for example. Would I be allowed to return to Location A for 2 days the next time, or would it only be for 1 day?
I have thought about getting an RV/Trailer and just go driving to help narrow down some of the BS of all this. I know the vehicle would have to registered, but at least I could move about relatively freely (except every 6 months have to return to Fl to register; which, this brings another question up. Could I just leave Fl and just travel and not return? And then when/if I come back, just register then?)
Thanks for the letter in the mail. I didn’t know this site existed before I got it.
BH
3 days in the aggregate during a year.
Read the statute.
@DG
Just go and enjoy your vacation man. Don’t worry about any of these stupid requirements. There’s no way your county is going to know 1) that you even took a vacation and 2) how long you stayed in one or any location. Go enjoy yourself and let Florida and these moron lawmakers and laws be the last thing on your mind. Pay cash for your lodgings and don’t get pulled over and you’ll be fine. 🙂
Disclaimer : FAC encourages following all laws and doesn’t advise you do what I recommended Lol.
MJ^ is a smart person, definitely read my mind. When YOU (everyone who is reading this) are on your death bed, I can assure you that this stupidity of ‘laws’ will not matter. What Should matter is whether or not you were a decent person and didn’t cause other people harm or trouble, especially after learning your lesson if you were convicted of a crime. People need to live their lives and stop following this stupidity coming out of the minds of these Misguided Moron Politicians. They have NOT spent a SINGLE HOUR researching anything before passing the law. That is why it is UTTER BS and eventually it will be abolished because it has Zero foundation to stand on. Remember that. Politicians and the Government are NOT ‘GOD’. They work for Us the People, not WE work for them. Too many US citizens forget that due to blatant fear (let’s be honest). If you are not being malicious and are minding your own business then they should not give you a hard time. Just don’t tell them you’ve been in the state for longer than 3 days. You think they have time to open an FBI investigation each time someone is stopped for a minor civil infraction and they need to find out how long this person has been on vacation in Florida? If they do then we sure as hell have been expanding and funding the Government way too much, if they have time to deal such minutiae. On a side note, if you don’t like these laws STOP VOTING for Democrats or Republicans. This is 2 sides of the same coin. They will continually keep funding this Machine, endless laws, endless ways to send you to Prison. It has to be this way because of the system that is setup currently. If you don’t like it, vote for a 3RD Party. Until this is done, we will not have major, overdue changes in this country.
The real problem here is that they do not consider these issues because to most of them the thought that RSOs have lives and families is not fathomable. It almost feels as if as soon as that thought creeps into their minds they make more laws to further ostracize them from society
Big Question:
RSO flies into Florida at 5pm on a Memorial Day Saturday
His return is on the following Tuesday at 8am
He can find a local sheriff office to register, but he will not be able to obtain a Florida ID as the DMV will be closed during that time..
What does he do?
Is he in violation of the new statutory language?
Thank you Gail and your staff
The monday holiday weekend question is exactly the problem
Thank you for writing and sending this letter
I called them to ask the same, and the reaction was a cross btw ‘the deer in the headlight’ and ‘let me put you on hold’
..
They are afraid to respond as they do not know themselves..how sad?!?!
Thks again for your tireless efforts which are greatly appreciated
Correct me if I am wrong. There are what 75,000 sex offenders in the State of Florida? I had noticed that the in-person reporting war chest is at a low end. People, what happen are we now sheep? I Know I do not live there in that state and I put into the coffin for the out of state challenge. I just wanted to know where are the other Sex offenders who lives are being destroyed at? If everyone on that Registry donated 1 Dollar this crap would be taken to Court. So my questions are: where are the other Sex offenders at? Don’t they care someone trying to help them?
Good question Joseph!
People always suggest “FAC should do X” or “FAC should do Y” but very few step up to help make it happen.
I understand people are broke and unemployable. However, if every registrant gave $0.25 or every FAC member gave $10, we’d be there.
LET’S DO THIS!!! EVERY MEMBER OF FAC DONATE $10.00 TO LEGAL FUND THIS MEMORIAL DAY WEEKEND! I JUST DID.
COME ON EVERYONE LETS MAKE THIS HAPPEN.
Appreciate that, DS. We will update the graph after the weekend and see how many others pitched in as well.
I do not know if FAC does mailers but I had no idea before during or after I had years of legal issues and served time/released. I believe the fact is many people just don’t know about this valuable resource. I don’t regularly communicate with others with related charges outside of this forum and others. I believe a drive to get the word out and especially letting the people know about FAC before and after release would drive up the numbers. Yes it’s true many have little money but for many receiving mail when you thirst for information and have time to read it makes this stuff sink in. I have seen people go nuts to just get prison legal newsletters that are often blocked or destroyed by guards. As active members we all could tell a couple of friends or simply go online and send a letter to somebody letting them know about FAC. We need a organized member drive! Strength in numbers for change
Anonymous – please contact [email protected] to join our membership committee.
I love Florida and our family has visit there many times, my wife was attacked by younger football player but due to the power of their money and position my, wife I was forced into a plea agreement by a public defender because she was told she had no choice after the fact they change the rules and made her a sex offender and a valid one at that this crime happened every 26 years she has lost jobs we’ve had problems to where we live and now we can’t even visit the state that I love for vacation nor could we move there! I hope everyone in the state that has ever committed any crime will stop visiting this da I hope everyone in the state that has ever committed any crime will Help van together and stop this ridiculous reporting and registration also for people who are not violent repeat offenders this registration is extremely punitive and it is harassment no other crime at this point has ever been done to people in our history where is the forgiveness and redemption of a person! help van together and stop this ridiculous reporting and registration also for people who are not violent repeat offenders list registration is extremely punitive and it is harassment no other crime at this point has ever been done to people in our history where is the forgiveness and redemption of a person
I also hope that any person that has ever created done any crime even minor misdemeanor win realize this could be a start of something terrible and any person from another state that has ethics and morals we realize that this repeating misrepresentation of the facts and punitive nature of what’s going on will stop them from visiting the state of Florida also and banding together across the country so that people who ever committed any crime , serve their time and did everything that was expected it’s not still experiencing. And they have issues for non-repeat offenders over 15 years.
Study show that a person that committed the crime did their time and hasn’t done anything in 15 years is less than 2% to reoffend N a a crime 20 years less than 1% to reoffend any crime!
And these problems don’t just affect the individual that was charged with a 1 time sex offence, but the families and the children this is extremely a punitive issue no matter what the Supreme Court has ruled !
Stop the madness vestry pill this thing across the country and offer forgiveness to parties that served their time, or was innocent, or convicted in the poor legal situation that we have existing in this country!!
Unless one is on probation or parole (court-ordered supervision), I don’t care how many so-called laws the idiots in Tallahassee conjure up: the right to travel is a natural, God-given right protected by both the State and Federal constitutions. It is a liberty interest that cannot arbitrarily be taken away by government nor can the State convert this right into a ‘privilege’. This creates serious ex post facto, due process and equal protection issues. One does not need permission from the State to exercise a natural, Consitutionally-protected right, especially when a statute is being applied retroactively. The exercise of a Constitutionally-protected right CANNOT be converted into a crime! Maybe it’s time Ron and Lauren Book be investigated by the Feds to determine if they are illegally using their positions and alleged charities to enrich themselves, and if Rick Scott is also profiting along with them or in a similar manner. Anyways…
Everyone should read this:
The Right To Travel And Privacy: Intersecting Fundamental Freedoms, 30 J. Marshall J. Info. Tech. & Privacy L. 639 (2014)
https://repository.jmls.edu/jitpl/vol30/iss4/1/
Also,
“The claim and exercise of a constitutional right cannot be converted into a crime.” Miller v. United States, 230 F.2d 486 (5th Cir. 1956)
Where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them. Miranda v. Arizona, 384 U.S. 436 (1966)
“An unconstitutional act is not law; it confers no rights; it imposes no duties; affords no protection, it creates no office; it is in legal contemplation, as inoperative as though it had never been passed.” see, Norton v. Shelby County, 118 U.S. 425, Quoting from Marbury v. Madison (1803), Marbury holds that a void act is void ab initio. “… the Constitution requires the judiciary to refrain from enforcing laws enacted contrary to the Constitution…”
Murdock v. Pennsylvania, 319 U.S. 105 (1943) “No State shall convert a liberty into a privilege, license it, and charge a fee therefore.”
Sherar v. Cullen, 481 F. 946: “There can be no sanction or penalty imposed upon one because of this exercise of constitutional rights.”
“A citizen’s constitutional rights can hardly be infringed simply because a majority of the people choose that it be. [Fn. omitted.]” (Lucas v. Colorado General Assembly, supra, 377 U.S. 713, 736-737 [12 [2 Cal. 3d 797] L.Ed.2d 632, 647]; Jordan v. Silver (1965) 381 U.S. 415 [14 L. Ed. 2d 689, 85 S. Ct. 1572] (concurring opinion).) see fn. 63
“Government may not prohibit or control the conduct of a person for reasons that infringe upon constitutionally guaranteed freedoms.” Smith v. U.S. 502 F2d 512 CA Tex (1974)
“A plaintiff who seeks damages for violation of constitutional or statutory rights may overcome the defendant official’s qualified immunity only by showing that those rights were clearly established at the time of the conduct at issue.” Davis v. Scherer, 82 L.Ed.2d 139,151.
“The right to travel is part of the ‘liberty’ of which a citizen cannot be deprived without due process of law under the Fifth Amendment.” Kent v. Dulles, 357 U.S. 116 (1958).
“Where activities or enjoyment, natural and often necessary to the well being of an American citizen, such as travel, are involved, we will construe narrowly all delegated powers that curtail or dilute them … to repeat, we deal here with a constitutional right of the citizen,” Edwards v. California, 314 U.S. 160 (1941)
Edmonton – Good job and while I agree with you 100% here is the rub….they are not stopping you from traveling at all…..they are simply making it difficult for you to do so…
By making it a ‘requirement that carries a criminal and not civil penalty’, I believe they cross the ‘threshold’. That was one of the excerpts cited above I believe, if I understood correctly.
It is not understandable how anyone in the judicial system could ever claim anything is Civil when there is a Criminal penalty (instead of a civil one) attached. It’s insanity. The sun must be Blue, and the Sky is Orange in their world. Maybe 1+1= 55,200 in their world too. Zero logic. It’s just complete and utter abuse of power, which this country has a LONG history of doing to various groups that it does like. People of African decent? People that are homosexual? I’m sure there’s been others.
Joe123, you are right on point with the arguments that will be made in our Ex Post Facto challenge. You have a “civil”, non-punitive law that carries a criminal penalty for strict liability (not requiring any intent) violations. As of July, these laws will carry a 6 month minimum mandatory sentence on GPS, none-the-less!
How anyone can argue that this is non-punitive anymore, is absurd. In fact, in many states; such as Michigan and Colorado it was expressly determined to be punishment. The Michigan case was appealed to the 6th circuit and now that’s the law of that entire circuit.
Great to hear! Will be sending a donation soon to FAC, as well as NARSOL and ACSOL. We’ve gotta keep the pressure up on our misguided oppressors.
Great information! Now how do we get this in front of the ACLU?
This is being handled
But these are the same courts that have consistently applied the “rational relation” standard to these laws even though they do take away rights and should be subjected to higher scrutiny. Some courts have FINALLY realized that. But these are the same courts that said if you bought a beautiful piece of land so you could build a vacation home and the government later passes an environmental protection law that says that you can’t build on/improve the land in any way or use the land for anything other than a place to hang out on weekends as long as you don’t do anything on the land, then it is not a “taking” and you are out of luck. Ditto for courts that have said that the government can take your home under eminent domain and give it to somebody’s cousin so that it can be “redeveloped” at a significant profit.
Unfortunately, constitutional rights have been taken away from thousands and thousands of people every day. Not just SOs.
We have a 2nd amendment that constitutionally gives us the right to bear arms. However that right has been taken away from those convicted of a felony. There is a microscopic number of felons who have had their 2nd amendment rights returned to them. The right to vote for SOs have been taken away by most states. The right to vote is a right we ALL should have. If we have to pay our taxes, and we have to follow laws, we should have the right to vote. Taxation without representation.
The government and lawmakers have taken the 2nd amendment rights and other rights away as a method of trying to “protect” the people. They put the fear into the people with incorrect studies or misrepresented studies, as well as the news and media (TV and movies) who put fear into the population, and the lawmakers then use this fear to drive laws made to supposedly protect society.
Bill, you are so correct!
Thank you for factual and binding information. This is what we should see more of here.
I want to donate to ‘In Person Reporting’ but I did not see where that was available with PayPal.
Thanks for pointing that out!!! I will have it corrected.
I guess out of state rso’s that visit Florida more then 3 days will be on Florida registry for life?
That’s the plan
Currently, yes! Florida registers visitors in perpetuity, even if the visit was just for a vacation of a few days many years ago. There is currently NO recourse for being removed even if your home state or conviction state has cleared you.
There is a lawsuit which, if funded, will be filed to challenge this.
Pardon me if I missed it. But how does the three day in a year rule apply to out of state visitors to FL? Can I visit for 6 days and be fine if I stay in three hotels, 2 days each?
Also, is there a thread here I’ve not found about Disney World? I believe Disney Land in CA is still ok to visit but was wondering about DW.
yes
Disney world – as long as you buy your ticket at the gate and one day pass at a time
Really!? ROS can go to Disney? I thought we were exempt from ‘parks’ Disney, Busch gardens, zoo. I’m confused…. big surprise.
Trying to heal – If you are on probation there are separate rules. After that is completed it depends on which county the Park etc. is in. For instance, the state law (FL) says you may not go to a Park unless you have a purpose (familial obligations etc. – so in other words you can not go there to loiter) – however, some counties have separate rules. So for instance, Lake County and Orange county follow the state law (called and verified) – However, Seminole County has there own law about it – as an RSO I would not go to a Park in Seminole regardless of the purpose. You need to call the county where you want to go – they will tell you. Personally, I would not go alone for any reason, also remember place like Disney etc. are private companies – you are not prohibited from going there but if Disney knows your name when you go you will be trespassed and can never go back. Search on this site for the word Disney and you will find all the threads were people talk about it and what to do when buying tickets etc.
So Disney Tickets purchased for one day only at the park, are not getting denied entry?
If that is correct, are they not screening licenses for one day tickets?
Correct
Also, concerning Disney – pay cash at the ticket window and throughout the Parks. Do not request FL resident ticket or they will ask for your ID.
Thank you Karen and FAC. What a pain in the ass!! Glad I got there before this crap, and that my kids prefer Universal
What many do not realize is that “Walt Disney World” is a legal entity unto itself. The “Disney” company is operating world wide and has different rules and regulations for each of it’s locations.
All Disney property in Central Florida is under the jurisdiction of the Reedy Creek Improvement District. This is a quasi-government body that has the same right to establish policy or “laws” as a city or county government.
The “law” is that no registered sex offender or predator may enter upon any of their property. This includes the theme parks, hotels, venues and even the roads within their district.
They have their own law enforcement, who if you interact with in any way which involves them noticing the registered offender or predator on your license or Id, will result in them contacting the Orange County Sheriff Dept. To have you trespassed from the property.
In addition, any purchase of tickets done online does an automated name search of the ticket purchase. If your name is flagged for any reason the purchase is denied. Being on the public terrorist watch list may get missed, but being on the Florida registered SO list will not.
Florida resident passes require submitting a valid Florida id, which clearly identify you as offender or predator. If you are the purchaser of “day” tickets you might use a credit card which then might require you to show id. The lines are busy and you might get missed. If the agent notices sex offender or predator on your I’d, you just might suffer the embarrassment of being quietly escorted away from the “public” where you will await arrival of the sheriff department who will issue you a trespass citation.
So, it is possible to go to the theme parks by having a family member of friend purchase the “day” tickets. But because of the current policy, I choose not to support their company… when I get off supervision.
To be fair, with the exception of the automatic S.O. id flag, “Disney” is not overly aggressive in enforcement of the policy, and quietly employs or subcontracts registered offenders who have an established work history with them.