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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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.