Ft. Lauderdale, Florida Sex Offender Residency Restriction Declared Unconstitutional
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
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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.