FAC Letter to FDLE concerning new registration requirements
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!
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 membership@floridaactioncommittee.org 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.