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.

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, 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 – 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 legal@floridaactioncommittee.org 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.

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

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.

The Miami-Dade lawsuit was lost at the trial level.

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.

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)