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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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!