The Ft Lauderdale Sex Offender Residency Restriction was declared unconstitutional. Wait… what?!?! A Florida SORR was declared unconstitutional?
YES! The municipal ordinance in the City of Ft. Lauderdale that prohibited registered sex offenders from living within 1400 feet of schools, parks, playgrounds, school bus stops, etc. was found to violate the Ex Post Facto Clause of the Constitution! Hold on… what? Are you serious?
YES! We’ve known for a while (since February 16th) but have been waiting to make the official announcement until we had an order back from the Judge. We just wanted to make 1000% sure. But we’re serious and excited! Many registrants in Fort Lauderdale, FIFTY PERCENT OF WHICH ARE HOMELESS because there’s virtually nowhere for them to live, are no longer subject to the City’s draconian and ineffective residency restrictions! But how did this happen?
Two brave registrants who were going to be kicked out of their Ft. Lauderdale homes stood up and said NO! After being charged with violating the City’s ordinance, they fought for their right to remain in their homes and fought the charge. Represented by Patrick Trese and Valerie Jonas (who represents us in our Internet Identifier case and who we retained for our Ex Post Facto challenge) they fought the charge and the Judge dismissed the violation, finding the ordinance unconstitutional on its face. So, what does this mean?
This means that the ordinance cannot be applied retroactively. More specifically, it doesn’t apply to people whose offenses pre-date the ordinance (2007). Anyone who offended after the ordinance was passed is still subject to the ordinance. So, can registrants with offenses before 2007 live anywhere in Ft. Lauderdale?
Not exactly… there’s one more caveat… Florida has a 1,000-foot State Statute, which was passed in 2004. So, to simplify; if your offense was after the Ft. Lauderdale ordinance was passed, you are subject to a 1,400 foot restriction in Ft Lauderdale. If your offense was before the Ft. Lauderdale ordinance, but after the State ordinance, you are subject to a 1,000 foot restriction. And, if your offense pre-dates the Florida State SORR (October 1, 2004), you are not subject to any residency restriction in Ft. Lauderdale.
Many of you may be asking, “so what about me? I don’t live in Ft. Lauderdale”. Well, although this is not a decision binding on the entire state, this decision is a first crack in the wall (more like a blow from a sledgehammer). Recall, we have a State statute, within the State we have multiple County ordinances and within each County there are multiple City ordinances. Although this is a win for the defendants at only the City level (albeit in one of the 10 most populous cities in Florida), it’s powerfully persuasive. We also all share the same State and Federal constitution. Also, recall we have an upcoming trial in a County challenge in Federal Court!
The bottom line is; this is a huge win for the two defendants, who stood up and risked criminal penalty and the attorneys who fought for them. In turn, it’s a huge win for all of us!
OrderGrantingDef’sMotiontoDismiss
Hi all,
I’m a defense attorney whose client is faced with the residence restriction dilemma in Palm Beach. Our hurdle is obviously the state statute, in that according to PBSO, the residence is roughly 900 feet from a park.
Has anyone had to come up with some ideas regarding the measurement points that would allow us to argue the Sheriff’s measurement was too restrictive? The statute seems way too vague in saying the measuring point is from the “place of residence to the nearest boundary line of the park etc.” Does place of residence mean the structure or outer curtilage bla bla? Anyone have any thoughts or other creative ways to get our poor client home with his family?
Thanks so much in advance.
Mike
Mike – ACLU National defended plaintiffs challenging the Municipal SORR in Miami-Dade – that’s in the 11th Circuit now, as the case lost in the Southern District of FL. If you are looking for ideas for arguments, check the pleadings in that case (many of which are on this site or contact [email protected] for guidance).
The case you are posting on was also challenging a Municipal SORR and it was in connection with a criminal charge (two defendants, actually but the case was consolidated into one).
You are subject to the STATE STATUTE SORR, which is somewhat of a different animal.
Pretty universally, the application of the SORRs are; from property boundary line to property boundary line (irrespective of whether the school itself sits 1001 feet inside the property boundary) and the measurement is a direct line “as the crow flies” (irrespective of whether an alligator filled moat, a 12 foot wall and 8 lanes of traffic are in between the two points and actual navigable distance is 10,000 feet).
So far the ACLU and others have taken up the challenge and had access to the best experts and not yet been successful. We can steer you in the direction of the experts, studies, research, etc. if you want to take a crack at the State Statute.
Mike, in Brevard County FL the measurement that probation uses is from property line to property line. To show how idiotic such a policy can be, there at one time was a childcare business in one of the spaces of Merritt Square Mall. The only space the childcare business could lay claim to was the four walls of their rented space, yet, Brevard County Probation took their measurements from the outer edge of the mall parking lot, which of course, the business had no claim to. Thankfully that business…as best as I know…is no longer there.
Mike,
WHEN was he “officially off paper”??. I was off paper in 2000, and the statute for Broward County was amended in 2005 to where I was grandfathered-in as being able to be less than 4 doors down from the biggest park in Broward County.
When I asked the Sheriff if this law applied to me, he replied ‘Oh you found out about that little change. YES, you CAN go into that park’
The cops will withhold information Mr. Lawyer if it suits “their narrative”. Like the “Halloween signs” the cops TELL YOU, you HAVE to put up—- you DONT!!! If you are “off paper” you can put up decorations (Christmas, Halloween, Easter, 4th of July with NO repercussions as long as you are “off paper” and in BROWARD COUNTY!!
Mike, Read the decision in Alvarado v. State, 205 So. 3d 810 – Fla: Dist. Court of Appeals, 2nd Dist. 2016 for an idea of how frustrating the situation is for all, including judges.
I think that I have asked this before, but I will ask it again. Has anyone challenged or thought to challenge the STATE statute that enabled these counties and municipalities to impose these ex post facto restrictions that the state CLEARLY determined that it could not impose on anyone convicted prior to 2004?
Here is the deal. A regulatory Odinance, does not violate the Federal or State Ex post Facto laws simply because they are considered remedial not punishment.
Now However, both State and Federal Courts have been ruling
that regardless of intent SORR are a form of punishment resembling banishment and violative of ex post facto provisions.
In the State of Florida, it’s constitution forbids local governments from enacting any forms of punishment. That power lies with the State legislative branch of Government
It is clear on it’s face that the State intended 721.215 to be a punishment for two very legal reasons. 1) unlike all other regularly sanctions imposed on sex offenders, this is the only one applied prospectively. And 2) The penalty imposed for violating this chapter points back to the original offense.
It’s is clear beyond any doubt that the State intended its SORR to be a punishment not merely a regulatory sanction.
Does anyone know of any pending litigation regarding the Ex Post Facto residency restrictions in Miami-Dade County?
Yes, Does v. Miami-Dade in the Southern District of Florida.
It’s been discussed in this forum since the case was launched in 2014.
Where can I find the information or to get updates?
I have a question for my “monthly police check”. IF Ft Laud. went and dropped the residency restrictions, what about the towns that have annexed away from; BUT Ft Laud REFUSES to give up the mailing address? (Ex. I live in town “A” which annexed from Ft Laud in 2003. Ft Laud keeps my house as a Ft Laud address, but half of my mail comes addressed to town “A”???)
My friendly police check was actually disappointed that I knew the law, and that the law had changed.
My “accusement” was 4-19-94. Plea was 2-22-95.
The prosecution brought me back in almost 2 years later (12-16-96) and stated that “I was now a sex Pred”. The law said at time of my plea “UPON SENTENCING I was to be informed that I would be labeled a Predator”. Nothing was said to me, or my “public Pretender” at the time of the plea.
They just heaped that on me.
I went to get the transcripts (court transcripts 12-16-96) and surprisingly “they cant be found”. My court paper labeling me is there and so is the stenographers tape… BUT… there is a “note” scribbled on the side of the tape stating that only this person can reproduce the transcripts (and that person is now dead!!??)
Who else is calling “BS” on this one too??
This is great!!! We need to keep up the good energy and continue these discussions. Let’s not let state and local governments treat us this way anymore. The registry is sooo wrong, you do the crime( if it was even a crime) you do the time,end of story. Let’s stop being so scared to speak up, we are just human, not even Saints don’t make mistakes. FYI- France just made the legal age of consent 15.
To FAC:
Is there a law that prohibits someone from posting your FDLE Flyer on a neighborhood site (Nextdoor.com)
Am I going to go thru the same crap I went thru 20 years ago (rocks, car windows smashed, house shot at)
Let me know if there is any legal action I can take against this woman
anyone can sue anyone for anything. You’ll likely lose this one, unfortunately.
There is a misdemeanor harassment charge for misusing information from the registry, but you’d probably need to contact a lawyer or the DA to determine if it’s applicable. Even if applicable I seriously doubt the state would pursue charges.
WOAH>>> !!! ??? I reported the people that were posting the 3 websites. Within 10 minutes, Nextdoor.com had the posts taken down. And the third is just the FDLE website with no references to myself.
BIG thanks to Nextdoor.com for taking down a potentially dangerous situation. (and for respecting my rights !!)
This is great news!
I am curious (given the other thread on this site) why Sean was not banned from NextDoor? I am glad but it is interesting?
Karen, I dont know. I put up a post about “unlicensed Contractors” operating without a license, not pulling permits, ect.
Then I was reported for “unneighborly acts that were rude”.
Then the 3 FDLE references pop up.
Then Nextdoor took down 2 of the 3 websites.
Then I was banned for being a sex offender.
I would like Nextdoor to send me the private Messages that were sent to me. (I would have a few lawsuits going for harassment and hate crimes, threatening, ect) But Nextdoor refuses to give me that info.
” The ordinance is unconstitutional on its face”.
On Its Face: Usually it is used to describe a statute or proposed statute where the words themselves very clearly do not pass constitutional muster.
A Broward Court, I suppose, found that SORR sanction as applied serves the goals of punishment and is unconstitutional “On its Face”.
Looking to Section 11 paragraph 9 of the State constitution: 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.
So, if a court has found residency restrictions enacted by Broward County unconstitutional “punishment on its “Face”, and the State constitution under Section 11 Prohibits home rule Counties such as Dade and Broward from enacting special laws pertaining to: “Punishment of a crime” than this is much more than just an ex post facto claim, its about general law and needs to be followed through.
Section 11 paragraph 9 of our Great States Constitution further states: “this section shall be strictly construed to maintain such supremacy of this Constitution and of the Legislature in the enactment of general laws pursuant to this Constitution.”
In other words if Sex Offender Residency Restrictions constitute a punishment not merely a remedial civil sanction and according to the State Constitution only the State legislature can enact punishments for crimes, than State s775.215 should be the supreme law governing sex offender residency restrictions in this State.
This argument is not whether a State sanction preempts a Counties non punitive remedial Civil sanction but rather the States exclusive power to enact PUNISHMENTS for a crime.
A lawyer I’m not.
Happy Easter/Passover to all.
Don’t think the city of Fort Lauderdale will appeal. To do so and then the Appellate Court 4th DCA to rule against them may establish a precedent that will invalidate almost every ordinance through Broward county.. I think the city may have given this some strategic thought of the possible consequences of a loss
I think the appeal would go to the circuit court.
So my question is, now that court after court is establishing that the SOR is a punitive measure, doesn’t that open the door to across the board 8th Amendment challenges as well as limited ex post facto challenges?
Would the FAC provide a copy of the judge’s order.My offense occurred in 1993 and I feel more comfortable if I had a copy for my own personal records.
Where’s the link to the order?
Great news ! To late for me. I couldn’t live at my parents house to help take care of them in there last dieing days. Sleeping on Fed Hwy is very attractive for a nice woman. Hope for a change. Tired of this B.S.
I agree that it is time for a challenge by the ACLU. My plea was entered in 2002 for 2 images that were never in my possession. The state attorney noted in his remarks that i DID NOT download any images but would save them on ISP’s like Yahoo and Hotmail, both of which were not ISP’s. Yahoo is a search engine and hotmail is an online email server. I had ONE nude photo of a female of unknown age that was in that email account and never opened or saved by me. My attorney was a joke and did not challenge the fact that the evidence was not provided to him or me. For one image they forced me to plea to 2 images that I never had or saw. My wife was very sick at the time and begged me to take the deal to avoid a trial. Days later and within the allotted time, I filed a motion to withdraw my plea. The new lawyer failed to file a notice to appear as counsel and the judge denied the request. A second motion to withdraw my plea was filed but the judge ruled the 30 day time period was up. They just keep piling more crap on us in Florida and the time is overdue for a challenge or a lawsuit.
I can only wonder why I haven’t heard this information on any news network.Officials from other cities must be afraid that there ordinance are next to be declared unconstitutional.
I just forwarded a copy of the FAC newsletter on the subject to the Brevard County Commissioners. I asked them to consider voiding the Brevard County Ordinance 2006-31 while they can still appear to be responsible county leaders and before a judge has to show them to be otherwise. When a law/ordinance is known to be un-Constitutional and is still kept in place, that as far as I am concerned is a criminal act.
Capt., from my observations, these politicians only care about saving their votes and usually could care less about constitutionality – especially pertaining to SOs. Sorry, just my observations. Also, many of them seem to take the stance that nothing is unconstitutional until a court decides it is.
I’ve Argued this point with attorneys who have told me I don’t have a case? to be honest I think they want us to outcast so they win votes by “keeping the public Safe” or at least that’s been my experience.
David, you are absolutely correct but when the ‘dodo’ hits the fan I want to be able to say to each of them…”I told you so!”. Like the several questions I have sent to them and they never respond to, they believe if they ignore a subject long enough it will go away. Well as long as I breath air they will continue to hear from me. I will continue to build a case against their incompetency and eventually show them to be what they really are…political predators.
Good job Capt!
Yes, any and all news/law changes that benefits/favors the SO is swept under the rug. Its always been that way, It is interesting for sure.
This is great new. Also never forgot sex offenders are the only felon who has to check federal, state, county and city laws before they go anywhere. Even in some cases to take a drive (Seminole). I have always thought that was a type of punishment that few think about, and I have never seen it mentioned in court documents either.
Funny you should mention that. Look this case # up :
Carlos Manuel ALVARADO, Appellant, v. STATE of Florida, Appellee.
No. 2D15–5379
This is great news. Glad to see a win in Florida. Hope it starts a domino effect for the rest of the counties and State.
I do not think we are out of the woods yet,,if SO issues repeat some one will appeal,does any one know if any one can appeal the judges decision?
Yes – the city can appeal. they have 30 days to do so. No notice of appeal has been filed.
Can you tell me anything about the state requirement now to place an ankle monitor upon release of a sex offender to wear during probation, when there is no mention of this on the original sentence. This is in Duval county.
Wow!!! I was feeling bummed because of the signing of the new law..and then this!! This is HUGE!!! Thanks FAC for all the behind the scenes work to move the ball!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
I pray every week to hit the lottery so I can move me and my wife together and see if morgan and morgan will hold true to to themselves and take a case so controversial. As it seems things will not change soon enough. I am at a point of nearing completion of remodeling my home ive owned for 20+ years. Im going to have to sell it so me and my wife can legally live together, We have not been able to legally live together for 6 years now. This horrible little city of ocoee used to be so nice and quiet. I had to struggle tooth and nail to rise up again, but at the same time im always looking over my shoulder and feeling everything could crash at a instance and lose everything. I feel bad for others I knew at the mission where I lived for 2.5 years that didnt have the support from friends and family I did. I hope something good starts happening for others out there witht his win.
My offense was in 1984 at the age 17. They charged me in 1999 and sentenced to probation in 2001. They still tell me I can’t live near parks or schools. So I shouldn’t have to be restricted?
Do you have links to the decision, or if none are available, can you host it somewhere online so we can look at it? Thanks.
I bet Ron Book in Miami-Dade County is not smiling now they’re going down next hopefully.
You know thinking of this the other thing that can be great about this is that now at least in Ft Lauderdale (for now) they will have to come up with a system for identifying and keeping track of those that do not have to comply and those that do – FL does not have that kind of thing – they just lump everyone into one bowl. FL system is already over inflated and this will make it worse! That is a good thing! The more difficult the system becomes to maintain it will start another crack in the wall!
I completely agree, Karen!
I hope it becomes insanely complex and ridiculously expensive for the dear Sunshine State!!! And I hope the lawmakers will choke on their own sinister, draconian statutes!
This is great news! Sooner of later it will lead to the fact that the whole system in unconstitutional – not just ex post facto…..It will come I know it!
Can there be a challenge by the locality? Which court was this decided?
Where can we see the order?
So let me get this clear please OFFENSE DATE ?
Not the date of a plea in the court and the gives you the sentence .
And you start probation.
So if my offense date was in June and July of 1999, but did not plea out until August 17 , 2004
Where would I fall
I am trying to get all of this straight but extremely want to fight Ex-Post facto laws
Just like this 3 day rule how could tha possibly apply to me
offense date is the day you committed your offense. Not the date you plead, not the date you were adjudicated, sentenced, incarcerated, released or any other date.
Florida is life on the list. I have been told several times by the Seminole County Sheriffs Department, where check in twice a year as a sex offender that he date is when you finish your sentence not the day you were charges. In FL that could be 4-6 years. On a side note I was not on supervised probation when the law was passed by our wonderful judicial system. The court had removed me from supervised probation and placed me on administrative probation, as recommended by my probation officer and given my right back to have firearms, why should the good citizens of FL pay for me to register. By the way I have been evaluated twice by DR Debra Day with reports both time that I did not fit the profile of a sex offender, I will not disclose her position on “sex offenders”.
As a registrant all I have to say is it is a good thing that I am not a real “sex offender” because there strategies and ways of monitoring sex offenders is a real joke. Sheriffs office does not have a clue! I personally know a State Legislature who ran on the platform and won by stating he would initiate legislation to impose to make on neighborhoods safe once again. What a joke this guy was a personal friend, who upon election did absolutely nothing that he promised. It is really easy to get people to vote for you if they think you are going to get rid of the “bad guys”. This law is an absolute joke, just look at poor little Jessica Lunsford and many others who are abused and murdered by PREDATORS, that were supposed to be incarcerated and were left on the streets, because the system does not work. I know this is wrong but so is the legislator passed by the people in Tallahassee who really have no idea what to do. It Just sounds good and keeps them elected. I also have a personal friend who is a circuit court judge who personally told me that no judge who values his job would ever set a registrant free. Oh boy
In Florida you do not have to be a predator to be designated a predator. My offense was in Virginia. In Virginia I was not considered a predator. When I moved to Florida, without committing any further offense, I ‘magically’ became a predator.
My understanding of the law is that if a person commits a felony sex offense in another state that, if committed in Florida, would have been a first-degree, life or capital felony under the Florida Statutes, then that person is required to register as a sexual predator if required to register at all in Florida. The worst part of this aspect of the law is that, in many states, if a person has ever been designated a “sexual predator” under the laws of another state, then that person will be treated as a “sexual predator” in that state as well. So, in essence, you were designated a “sexual predator” simply for traveling to Florida, which is a *significant* burden on your right to interstate travel, which SCOTUS has deemed a fundamental right. I think that time is on your side and the courts will eventually put an end to this aspect of SOR.
In Florida a judge has to declare you a predator and all it takes is the prosecutor to make it part of a plea deal 2 victims under 18 hence a 15 and 16 year old and here I am
The Seminole County Sheriffs office often tells RSOs what they want the law to be – often they are completely WRONG. Florida law is that ex post facto applies to the date the crime was COMMITTED – not the end of a sentence or anything else. See page 3 of the following:
https://www.flsenate.gov/UserContent/Session/2011/Publications/InterimReports/pdf/2011-212cj.pdf
BTW – what exactly is a REAL sex offender? If you are on the registry then you are a REAL sex offender.
Karen you know as well as I do that a sex offender is anyone that has sex outside of marriage.So in reality our President is a sex offender and so is at least 95% of our government employee s so if they want to be labeling people let only the ones label others that have never committed a sex crime and then list all who are guilty not pick and choose.
By the way I enjoy your input
Thanks DavidM! I agree with all you said!
Maybe we’re going about this the wrong way. Let’s fight to list all sex offenders on the registry ex post facto. Which would include politicians and president. Then we would look like the good guys and show them up for the hypocrites they are.
If they want to make laws on morality don’t just go part way to suit there own interests.
do not like this
So Fart Liquordale takes one on the chin? Outstanding!!!!!! I know that the Miami case was filed in Federal court for very valid strategic reasons, but this just shows you that you can never really tell what court might do no matter how the judge got the job.
I know that some people are dissapointed because this was just an ex post facto challenge, but we have to eat that elephant one bite at a time. The ultimate goal is to get rid of all housing restrictions, but I honestly think that the government will still be able to impose such SANCTIONS (aka punishment) as part of probation or parole if so ordered at sentencing or at a violation hearing. I think that a lot of people would be happy if it went back to how it was prior to 2004, which was no restrictions once sanctions ended and no “enhancement” by the counties and municipalities.
As for “Us” filing a Class Action Lawsuit, I think there needs to be an offer made to Florida first, And I think EVERYONE should consider this !! Obviously, Florida KNOWS that the “Restrictions* they have put against us is WRONG, But Florida will not Admit it because that will open themselves up for a HUGE Lawsuit, So they Wait for rulings like this to “Peck Away” at the SOTR, So we as a Group make an offer to Florida that says, If Florida will DROP THE REGISTERY Completely,Then We will NOT file any kind of a Lawsuit against them !! We will “Let Bygones be Bygones” so to speak !!. That way Florida can “Save Face” and possibly drop the “Registery” !!! And we that have been forced to abide by these ILLEGAL requirements will just “Let The Past Go ” !!. And start on our FUTURE as a Registery FREE Person !!!. This is just my way of thinking that this is the best way to get something done in the fastest amount of time !!. I’d rather live with a free future than I would stay on the Registery and have to “Peck Away” at this and risk not winning anything !!!! ????. I hope this makes sense to everyone. We can’t change the past ! But if we are willing to deal with it, Maybe we can change our Future much Faster !!.
Exactly. At this point I don’t even care about financial retribution. I just want to be able to live my life without worrying if I’m violating some registry requirement, or if some new friends I make or a new job im hoping for can just look me up and deny me an opportunity or relationship simply because I made a mistake when I was 19 and clicked the wrong file when downloading music. I just want to be able to move on with my life, have children and not be afraid of going to events at their school. I’m getting married this month and my biggest fear of starting a family is what my children would have to go through
Good luck with that…I say we go to Florida and say drop the nonsense and change the laws or come get all of us…lol…I am a proponent of Peaceful rebellion. We all as registrants feel like we have to do what they say, but of we all stop following the bad laws what are they going to do? Can’t lock us all up because that will be a civil rights for the ages…just saying but it’s hard to get everyone together, fear, life, those things interfere in our fight…some of us are tired of fighting so we accept every rule and legislation they pass. Thankfully the courts are starting to turn in our favor but still….and as a side note , Craigslists personal section has been shut down due to bill just passed. So no more Craigslist stings🤣
Yeah if Craigslist had been shut down 7 Years ago like that, I wouldn’t be here right now lol
The subject of sex offender rally’s has been a thought in my mind for years. But I ask myself could I ever muster up the courage to actually take part in such a rally? Walking down main street in some city with 50-100-1000-other sex offenders holding card board signs [GIVE ME MY RIGHTS BACK] [SEX OFFENDER LAWS GO AGAINST THE CONSTITUTION] [WE ARE STILL IN PRISON] to name a few. To be honest I do not think I could. Imagine what would come about? Such a rally would be front page news for months/years. Close up videos and pictures of all of us plastered every where. Though through the years of gossip that has evolved around me not everyone that knows me knows I am a sex offender. After this rally everyone would know. And lets not forget about counter protests and vigilante’s wanting to make a good name for them selves. I can picture politician’s and victims and victim’s relative’s in the front row of the counter protest rallies holding there own signs with words I can imagine.In the end I’m afraid things would get worse for all of us. Does anyone here think we might benefit form such rally’s? In the long run we might, whish I could see the future.
You are exactly right Bruce the only way we could do it would be with masks on which would diminish the impact I’m afraid.
Same should be done to Plenty of Fish. I have a family member serving 10 years in federal. They should not be able to go to adult sites and “trap” men. He also was evaluated by our own therapist and a court appointed one and both agreed he was not a predator and would not be a risk. So we are leaving Florida. Vermont is the only state that does not have a public registry. Only the police have that info.
Where did you get your information about VT from? That is very untrue! They do have a offender registry. http://sheriffalerts.com/cap_main.php?office=55275 dont be misled. All 50 states and 2 providence’s have sor’s!
Great news in a world where great news is hard to find. I so look forward to the day I can go down the street and get a gallon of milk at Publix or get a burger at the local MacDonald’s or get a haircut at my ole barbershop and not have to drive 37 miles…one way.
When was your conviction and were you ever subject to residency restrictions in Virginia?
My conviction was in 2000 and I was never restricted to residency requirements.
Awesome, Finally, A Judge that wasn’t scared to FOLLOW THE CONSTITUTION !!!. Hurray for these two people !! Thanks so much for fighting this fight !!. The Ball is rolling now !! Let’s hope it’s a WRECKING Ball and it starts to Destroy SORR !!! And everything about it !!!. The Registery IS PUNISHMENT !! And tomorrow I have to go “PUNISH” myself by “Bowing Down” to The Sheriff’s Department and giving them all my Info and every move I’ve made or might make until next time I get to go “Punish” myself in 6 months !! Or if I deside to change ANYTHING in my life before then !!!!!.
Congratulations! Good to see something positive happen in FL.
I bet the BOOK’s (Lauren & Ron) heads are spinning. You really have to look at the Statutes and dates. I was told by BSO, Career Criminal and FDLE that I could go into any park, go by any school bus stop because I was “grandfathered in”. (this was in 2007) I said “HUH?” They told me as long as I was not standing by the playground, taking pics of kids, I have full access to parks and any other restriction since 2005. (Pictures are allowed)
They (po-po) wont tell you diddly-squat unless you have knowledge of some laws. Then you can get info on yourself, your restrictions, ECT.
I had to call FDLE and have about a 1/2 hour conversation to get that info.
WE WON THE BATTLE– DONT GIVE UP !!
WE NEED TO WIN THE WAR !
Sean, can you provide me with the names of the people you spoke with?
My case was such that I was sexually abused and my innocence was taken from me by several people from the age of 5 and in turn, as a child, I practiced some of what I learned, but it wasn’t discovered until I was 19. As such I was INCORRECTLY tried as an adult rather than as a minor which is precisely what I was when the offenses occurred.
My plea agreement was back in 1993 and it VERY CLEARLY stated that THIS IS A LEGAL AND BINDING AGREEMENT THAT NEITHER YOURSELF OR THE STATE IS TO DEVIATE FROM IN ANY WAY OR FORM. I did the mandatory therapy and my probation was terminated in less than 5 years and all was fine. Then one day I receive a letter informing me that NOPE!… WAIT!… We the state decided to change our minds and we are free to deviate from that supposed ironclad AGREEMENT ON PAPER however and whenever we so please. Since then they’ve piled on more and more things and I am now a 45 year old husband and father of 3 beautiful and completely innocent children, and our older son who is 14, now knows because of an incident that happened wen I was picking him up from school while my wife (who normally picks them up) was having surgery. And while he’s well aware, our younger kids still do not know.
To make matter worse, I was laid off from my job a year ago and have not been able to find work since, and we were running through our savings and having never missed a payment, we sold the house rather than lose it. So currently, I find myself in a bit of a pickle because now I can’t live where we were intending to live until I found a job, so my wife’s aunt who lives in Broward (Pembroke Pines) told me I could stay with her, but I was told by a detective (over the phone – so not sure if the info she gave me was correct) the city of Pembroke Pines still has the 2500ft ordinance in place, so I now have no place to go.
Tonight I will be sleeping in my car in a guest parking space in our old complex because it’s the only place I know I can be with no problems. I sure am going to miss my kids and sleeping next to my wife of 20 years. My attorney told me a lawsuit is being prepared to do the same in Miami-Dade, but that could take weeks, months or years… No one knows.
If you can post any information that could help me it would be greatly appreciated.
Rob,
I am so sorry you have to go thru this, like so many others that are “off paper” and are trying to live a free & honest life.
I was told of my “grandfathered residency restrictions” quite by accident. (BSO slipped up)
I inquired about the “boundaries” to where my house is located, 6 houses from a park, and whether I could walk my 2 dogs around a circle (50-60foot circle/paved) that was supposedly IN the park so the dogs could go potty. I checked land surveys first and that portion of the park is NOT designated as part of the park (not lined off).
So, when my monthly check came by (BSO Dep. Brian Bishop & Dep Michelle Miller, and later Dep. Y. Garcia, I inquired about that.
They told me that I was grandfathered in since I moved into my house in 12-99, BEFORE the 1,000-2,500 foot rule went into effect. Therefore when they changed the residency restrictions, about & including parks, day cares, schools, and (this is the funny one) ANYPLACE WHERE CHILDREN (3 OR MORE) CONGREGATE AT ANY ONE TIME!!! My neighbor 2 doors down has 3 kids and one of them cuts my lawn.?
SO, when my 3 month cop Det. John Wright stopped by, I asked him about the “grandfathering in”. He looked at me with this “slick sideways look” and said “oh you found out that you are grandfathered in”….
He told me that YES, I could go into that park to walk my dogs, BUT… I really shouldnt be sitting at the picnic bench staring at the kids at the playground. He then stated that he KNEW I wasnt “that kind of guy” to do that. (Which means BSO KNOWS that I was set-up for this).
So to recap Rob…
IN MY CASE, I found out that the restrictions went into effect about 2005-2007 (grandfathering). Oakland Park was part of Ft. Laud then, but has since annexed from Ft laud. You had to be living, and established in Ft. Laud since BEFORE these restrictions were lifted/amended/changed.
I DO NOT know the restrictions of any other town or city in Broward.
PLEASE consult with an attorney before doing anything.
I wish you luck and a Merry Christmas.
I, NOR FAC IS HERE TO GIVE ANY LEGAL ADVICE!!!!!!
(I am going on my own personal experience)
I knew about being grandfathered in, but I was going through my savings paying for my house and bills so my kids wouldn’t feel the impact of me losing y job, so while looking for work, I’ve been doing freelance work which only brings in like 1/5 my normal salary so it helps, but not enough, so we decided to sell the house so we don’t lose the equity we’ve accumulated on it. Sadly though, NOW I can’t live pretty much anywhere in Miami-Dade County, because the entire county is covered in blue which is the only restriction I have being as my sentencing was 25 years ago.
Today I went to BSO to inquire about what I can do and the only advice I was given is to become transient. I immediately called my attorney but no answer (since yesterday) so I went to Miami-Dade Sexual Crimes Division and as of 11:45 today, I am officially homeless and have to go to the drivers license bureau to change my address to transient. I have to speak with my 3 beautiful babies today and tell them their father is a sex offender, and as such I cannot live with them for the time being.
This is so unnecessarily screwed up, but I’m out of options and I’m so close to possibly re-opening my case and I don’t want to do anything that might land me in trouble and all the time I’ve waited will reset and I’ll be subject to the harsher penalties of today, for the same “crime”.
Outside of that, a bullet in my head might be the only way to end this unrelenting torture I’ve been enduring my entire adult life. The Miami-Dade lawsuit needs to get underway already because it’s long overdo. Children and families shouldn’t have to suffer because of political gain and ignorance.
I can’t believe at 45 years of age, after putting myself through school, building a career, and an amazing family… I am homeless.
Thanks Sean, good luck to you as well.
The Miami-Dade lawsuit was lost at the trial level.
Rob,
BSO is lying thru their teeth. There IS available housing in Broward that is NOT restricted. Ft Laud has only a 1,000 foot rule now. The only trouble is the “terror” that the Books (Ron & Lauren) have created with false narrative and exaggerated facts.
It took me nearly 4 years of rocks being thrown at my house, windows being shot out, before one of the more protective mothers here went down to the courthouse and actually pulled my case and read it.
Then she went around the neighborhood and told the other parents that I was set up and to give me some space to see what I would do (which was be a good neighbor). For the past 18+ years ! !
PLEASE ROB DO NOT PUT A BULLET IN YOUR HEAD!!!
This is not the time of year to do that, or any other time. Think of your kids. If you did do that, what would others think? I was told this by a cop—- if you commit suicide, the ONLY reason people will think is that you couldnt live with the guilt of doing something wrong. They would NOT think that you couldnt handle being homeless–only that you were guilty. And couldnt live with the guilt. (I do not pass judgement on anyone. IF you did do something that is your own burden to carry)
Have faith. The Lord says “he who gives up everything for me, will receive everything in riches and rewards.” Keep working, keep saving, keep your kids first. They (police/law) are trying to make you fail. They are trying to distance you from your family, friends, kids, loved ones. All for “safety”. WHOS SAFETY???
The courts are so quick to judge others; yet we have seen a prosecutor (of the sex crimes unit) get arrested for shoplifting—and the case “went away”
We have been reported of the Sheriffs son accused of attempted sexual battery on another student—- and again the case “went away”. (and they say that the law is fair for all– BULL SHIVICKY! ! !)
So many are so quick to judge, yet they stand in the streets and throw stones at glass houses, not looking at their own faults.
Talk to someone. Clergy, first call for help, a therapist (Henderson Clinic) but please do not give up.
You may understand, but your kids will only know that daddy killed himself (and believe me—-they will blame themselves for it)
I am sorry to all on here for being so long winded on some posts. I am only trying to help with little time left in life.
To put anyone through this is criminal. We have some politicians who belong behind bars.
Okay, now can you do a class action style lawsuit representing those who were banished unconstitutionally? After all, they were harmed.
I’m tired of these cases being overturned, only to never see any wrong being right for those who were harmed.
I myself served 2 extra years on parole despite my sentencing specifically declaring 3 years total. With 5 years parole, I was subject all the residency restrictions and for my own protection to ensure I got off parole as soon as possible, I went homeless. I had no real choice.
I want to see registrants get money for their loss.
Did you fail to complete the therapy in the first 3 years?
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Amen!!, will pray that the rest of Florida follows. To those in Ft. Lauderdale, I am so happy for you. We need to give the SO a chance to live their lives without all these restrictions. I pray Orlando is next.