Sadly, but not surprisingly, the Florida Legislature passed another stupid, punitive and unnecessary sex offender bill that will only enrich those in private prisons, the GPS vendors and the Books.
We put up a very strong and valiant effort reaching out to our legislators. We expected the wishes of their constituents would not be as compelling as the campaign contributions from Book, but all your letters and efforts will become very useful when it comes to a lawsuit.
Don’t despair… this is just more support for our lawsuit!
Reality
Pray you are never injured, ill, etc… and are in a hospital, or transported to rehab facility without going and reporting your change of address in person! these laws are impossible to abide by and need to be invalidated!!!
example I have a stroke and on ventilator for a month, guess the state will have warrent to arrest me upon me discharge for failure to comply with this BS LAWS and i better home no family or friends visit my house as their car tags have not been reported or say I do know I will be in a hospital or nursing facility for extended length of time I’m sure I will be arrested for not constantly montering for vehicles that come and go and not reporting the vehicle/tag as this is now my address and the law is impossible to comply with!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
My wife and I purchased a “vacation” home in another county in Florida. Since I could never get the right answer from the local Sheriff Office. I have not visited the house this year, because I am not clear on how all of this affects me as a registrant. My local sheriff office could not answer that either, specially when I questioned him on the requirements to register and update the driver license registration every time we go there and come back to my “permanent” address. I also noticed the wordage on notifying when leaving the state for more than 3 days. Can FAC provide us with an answer? When will we follow other states in presenting an ex post facto case in the courts. What will the approximate cost of this be? How about the civil rights infringement in the lives of family members immediately related to the registrant? Do FAC has enough resources to get this accomplished? Sorry for the barrage of questions!
CAB – please reference our site and listen in on our monthly member calls. We have funded and paid the initial retainer for our Ex Post Facto challenge which will be filed in Spring.
We will need additional contributions if the litigation becomes protracted and for other challenges. Your contributions to FAC are GREATLY appreciated!
Upon reviewing Florida statutes, there is absolutely NO legal requirement of any RSO to initial and sign a form that outlines all the registration requirements, including newly-added requirements. Each time upon visiting the sheriff’s office, the staff has registrants place initials by a long list of registration and notification requiements and then sign at the bottom. Even if any of the requirements are new and one has not been informed in advance and has not had a chance to consult an attorney before initialing and signing, s/he is still expected to initial and sign. This is a blatant violaton of due process. Once you initial and sign, you are in effect agreeing that you are subject to all of those requirements, even if you just found out about a new one upon visiting the sheriff’s office. If there is not statute requiring specifically requiring you to initial and sign such a form, then there can and should be no statutory penalty for refusing to do so.
I agree. There is also no legal requirement to respond to emails from FDLE that verify your newly-registered email addresses. I didn’t do it, and a registrar at my local sheriff’s office gave me a hard time about it.
According to the FDLE webpage, if FDLE contacts you, you must respond. I think you may have 2 weeks. Go to the site and study the infornation, should be there. I dont agree with any of these stupid law, nevertheless untill the law changes we are subject to it, or jeopardize being arrested. We must keep fighting!
I see that there is a legal committee. Maybe some one in the committee could talk to a lawyer and ask them if they know of a lawyer who would be willing to work pro bono. If they should win this case, their reputation should go through the roof. Look at Jose Baez(Casey Anthony).
Tired – we can use volunteers. Can you take up the task of contacting attorneys to see if anyone would want to take this up pro-bono?
We would also need experts to testify, filing fees, court reporters for depositions, transcripts and discovery costs. Since the case has to be brought in the Northern District of Florida (actions against the State have to be brought in Tally), it needs to be an attorney who lives there – otherwise, add travel costs. Whoever takes this up pro-bono would need to cover all that too.
If they proceed with a case that’s under-funded and have no expert witnesses testimony or can’t depose the State’s witnesses in advance of trial, they are sure to lose and create some bad precedent – we don’t want that.
I am new to this site, what exactly is this group, FAC, doing to help RSO? I think it is ridiculous that RSO’s who have served their time, have to be punished for the rest of their lives with discrimination with housing, employment, travel etc! It’s such bullshit, I could be living next door to a murder & would never know it because he gets to serve his time & move on with his life. It should be the same with RSO. Florida is the worst & the laws need to be changed.
Donna – please read through our historic posts (at least the headlines) and join our NEW MEMBER call the second thursday of the month. In the interim. Contact [email protected] and ask for a call-back for someone to brief you
Dee, FAC has exerted practically incalculable efforts on our behalf. As just one example, if not for FAC, who knows what we would have to do to legally use the internet right now? FAC essentially blocked a horrible State law that would have required RSOs to register every website/URL they “use” (who knows what that even means) for internet communication *before* using it. That law was permanently enjoined by a federal district court judge and the State ended up partially relenting by passing a significantly watered-down version of the law the next year. And then there’s the current lawsuit against the Miami-Dade County residency restrictions whose litigation involved a MAJOR win in the 11th Circuit Court of Appeal in Atlanta, the ex-post facto challenge, etc. etc. etc.
Sure lets all move to another state and who knows what will happen there? I know some states are better than others but.. our fight is here and since the absurdity level has reached an ultimate high it seems to us that our case for change is better than ever. We sent emails and called every Senator and thought we had a good chance. This county/state has reached an all time low and we know of no other group that has more punitive/unconstitutional laws working against them. It has reached a tipping point and all of us need to be ready and willing to fight. I know it is still early, but where do we go from here? I want to know what the Sheriffs office in Pinellas county will do about their Tues-Thurs office hours. This is one of the arguments we used in our correspondence to the Reps and Senators, all to deaf ears.
Question :
Since the NRA is sueing the state of Florida, regarding the new gun laws, is it possible for us(meaning the FAC) to sue the state of Florida as well??
Thanks,
Tired
of course it is
Is it possible somewhere on the site to post how much is needed in a graphical (Bar-Graphish) manner to show how much is needed for these lawsuits. I continue to read on the site that money is needed and that is a given money is always needed but a little transparency I think would go a long way.
We can do that. We funded our Ex Post Facto lawsuit and paid the retainer, but for others, we can!
Of course it is? Then let’s sue, where is the info for the class action lawsuit?
I said it as the bill was passing. Over-Optimism does not Trump reality. A sad day indeed. I am moving out of this state and once I have a way out of this country. My Grandparents came here for a better life but the “American Dream” is now an obscure bloated bureaucratic muck bloated for socialites to live a life of Posh in a bubble. This land is no longer meant for those that simply want to live. I am tired of my Fight or Flight being in overdrive because I am afraid of taking a misstep and losing one more day to this Crooked System!
Scared to Death of leaving but no other viable options.
Is there any chance to get a injunction? I know your governor has zero sympathy to RSOs but what about peppering him with letters and emails so as to have them as a matter of public record for down the road when your lawsuits come up…
the GPS monitoring sanction only bolsters the Ex Post Facto case
Here’s a thought. Not sure what all this bill refers to. I’m guessing it’s notifying the county you live in if you’re traveling somewhere in or out of state for more than 3 days?? In any event, 3 days, 5 days, 12 hours, it doesn’t matter. JUST DON’T FOLLOW THE DAMN LAW. REVOLT! That’s what our forefathers did. Boston Tea Party ring a bell? American Revolution? Where is the fighting spirit in the average citizen these days?? That’s why we have the problem we have now. Out of control government and politicians, because we the people have gotten too wrapped up in our own lives and jobs, careers, families, etc.. to give a damn. And we just continue to bend over and let the government ram laws up our you know what and taxes for as long as they can get away with it. And they continue to get away with it year after year. I say, just go travel wherever you want and screw the damn county you live in. Just don’t get pulled over and you’re fine. When I get off probation in June, I’m going on a loooooong road trip and the last thing I’m going to give a damn about is this new fu**ing law!
****And yes, I know what I’m going to get some smart alec responses about “well, you’ll just end up back in prison, or that all sounds nice until the shove you in a cop car and send you back to jail, blah, blah, blah. I don’t give a damn anymore, that’s the point. And neither should ya’ll. But yet, we just sit back and cower in fear and do what these morons tell us to do. Well, I for one, am sick of it and not doing it anymore.
I agree make them come get us…you got two that will stand…that’s a start…now we need to convince the rest…I buck already lol
Just make 1 law once and for all of what RSO’s can do and be done with it. Every year its more and more. These laws are after the fact laws of what they may do. Not one of these new restrictions are going to stop a 1st time offender. These laws are punishment plain and simple. Ive come to the conclusion that we cannot win. Death is when we will finally have peace.
you will remain on the registry even after you die.
True but I will not be around to deal with it any longer
Yes, the legacy of shame will continue unto the seventh generation!
The problem with this is that the State is receiving Federal funds for every man and woman listed in the registry, plain and simple. When that man or woman dies yet the State continues to receive Federal funds, the State then becomes a thief. It is the same when a man or woman moves from one state to another, but the previous state still continues to receive the same amount of funding because that man or woman is still listed in the registry. Double-dipping. Usury. Theft.
How do you integrate back into society, when the politicians keep trying to keep us down. What happens if you enter the hospital for several days. That is now considered your temporary residence. Are you then in violation? Drug pushers, who kill our young and adults alike, have a better chance than we do when they are released. So, don’t those who commit serious assault and other crimes not mentioned here. They want them back into society But not us. Ridiculous!! Where does it end? Honestly, it will never end as long as we have uneducated, ignorant politicians in office. But we must keep fighting the cause.
I was in the hospital for a month.. PO just turned my bracelet off since I was to sick to move.. then he filed travel papers when I had to travel out of town to stay at another hospital for 5 days
Spoke to the P/O last evening and asked about 3 day new law as husband is supposed to get a knee replacement later this year and told to expect 4-5 days in hospital. That was fine with 5 days, but how do we appear in person at sheriff and DMV now with only 3 days two nights. She shook her head and said ‘they will just have to learn how impossible this is for you’. Sympathy yes but how to handle yet unknown. Maybe have to go to judge first BEFORE hospitalization.
Time is finally on our side and the Books know it!! They’re making their final fruitless stabs. These little mole ordinances will all be gone soon!!!! And I lovvvve it!!!!!!!!!!!
J,
I’m sorry but I do not share your optimism. This legislative session has taught me that you can’t stop a bill from becoming law. All Blondie has to do is start fake crying and all the losers push the YEA button on ANYTHING she wants….f*cking sad that this little c*nt controls a state of over 20 million people.
Duval county Sheriff’s department is going to love losing their 5 days off for Christmas just to register me two days sooner I suppose.
That’s the statistic you want to track, the additional cost to local law enforcement keeping registration offices open on holidays… Time and a half for two days is three days of full pay
Do you actually believe they are going to change their hours? I highly doubt that will happen, this law is about your compliance not the other way around.
In my county if you call registration and get voicemail they tell you the the response time is within 72 hours, and make sure to point out that leaving voicemail is not compliance in itself.
They will have to
Why do you assume they have to? There is nothing that’s states that they have to.
There are already counties that have hours that make it impossible to comply with the 48 hour requirements. For example pinellas county registration office is only open tues-thurs.
it was 48 hours + 5 days
What if you have a emergency and have to before you can give 48 hours notice like on a weekend or holiday
48 hours notice can be after
5 days is almost impossible in some situations. 3 days…………a very sad day.
I’m not sure if that part changed from 5 to 3 days yet. I did not find it in the final bill that was adopted. Does anyone know?
Nothing goes into effect with this until July 2018…at least that’s what I learned from reading the bill and what FAC told me…I could be wrong though
I travel frequently, including emergency last minute out-of-state travel, and yet to experience any difficulties with full compliance with Florida’s registration requirement or SORNA. The local Sheriff and DHSMV are coardial and accommodating. A quick polite phone call ahead of time for emergency situations always seems to help. My county is fortunate enough to have great staff at the registration desk.
The three (3) day registration period does seem a little restrictive but is not that out of the norm. Several states have a three (3) day rule. Tennessee has a mandatory minimum sentence as well, they actuallly require jail time and a fine for registration violations.
I do not agree with the mandatory minimum should you be adjudicated guilty by the court for the specific registration violation. The judiciary should be given discretion to impose a fair sentence based upon the sentencing scoresheet, PSI, and the specific facts of the case. Strictly by the scoresheet, a registration violation is a Level 7 offense and scores a prison term of 21- 60 months, assuming the defendant does not have any scoreable previous history in the last 10 years. The judge can deviate downward based on a wide set of reasons. Should the judge deviate and not sentence to a prison term, they will now be forced to impose at a minimum, community control with electronic monitoring. I’ve seen judges issue 3-6 months probation sentences (no community control) because of the extenuating circumstances of the case. You do get overzealous prosecutions and one way to help combat this is judicial discretion, however, this is now being taken away.
In Tennessee, if found guilty of a sex crime and you go to prison, your points automatically start at 4, and they cannot go any lower than that. Some cannot go below a 6 because of the violent nature of a particular sex crime, say like beating your victim.
look at the last year, first this bill/passport identifier/tighter living restrictions/ internet identifier and i am sure i am missing something all within the last year. for all of those that thought it was going to get easier for RSO’S the reality is starting to set in. the government wants us all on an island somewhere away from the rest of society or permanently in jail and they are passing bills normal people couldn’t abide by never mind someone with a handicap like ours
If there is this much corruption, Why isn’t some news organization doing an expose on this?
The US media is busy talking about Russian or North Korea, their next ‘boogeyman’ to wage wars on, or sex scandals related to the White House, since America needs to know about what’s going on in everyone else’s bedroom. The US media is mostly garbage, and it’s a joke for people to actually depend on it for important news. If it doesn’t cause fear in people, then it won’t be reported. Fear=more eyeballs on the television screen=more advertising revenue.
You are correct, Joe. THEY rule by fear. Scare the people, watch them react (the people will beg you to protect them from the newly-created bogeyman), then introduce the solution (which is usually prepared in advance), and how the sheople will gladly vote for you, surrender their Creator-endowed rights with little if any questioning, pay taxes to your coffers, and keep coming back for more of the same.
Problem. Reaction. Solution. This is the way they have always done it. But those of us in this group are not sheople. We think for ourselves. We do not let others form our opinons for us…we form our own opinions. We question everything. This is how we will survive and succeed in this ongoing fight against the grave injustice perpetrated upon our families and us as individuals. Never let them break you, for it they can break your mind then they will have destroyed your human spirit. No fear.
In our particular circumstance we are used for shock value and pandering purposes bith politicians and so called journalists use us for career and monitary gain in other words registrants are a slam dunk and a cash cow if we are painted in a positive light money and careers go away
Did the part of the bill, that requires SO’s to notify the jurisdiction if gone for 5 days or more, change to 3 days? I did not see that part in there. If anyone knows please advise. Thanks! AND let’s keep the fight going!
Yes, Page 1 and 2 of HB 1301 sets out the new 3 day requirement.
Big J and Legal Eagle,
When was notifying your county/city that you’re leaving for five days ever a law? My interpretation was as long as you changed the place you stayed every four days, you could go anywhere in the state of Floriduh you wanted. Now you just have to do it every two days. What say you FAC Admin?
In Tennessee, to leave the county you have to give a days notice (excuse me, get permission), 2 weeks to leave the State, and a month to leave the country… this is contingent on you being required to wear a bracelet. Funny thing, when my PO does a house call, he calls me to ask, “Hey, are you home?”
Gene – you can’t confuse conditions of probation to registry conditions.
Probation is punishment. Registration is not (at least, not supposed to be)
FAC Admin,
When was notifying your county/city that you’re leaving for five days ever a law? My interpretation was as long as you changed the place you stayed every four days, you could go anywhere in the state of Floriduh you wanted. Now you just have to do it every two days.
Am I correct?
You are CORRECT!
Thanks for that affirmation! I will continue to travel as protest!
I asked this mainly because I heard from a fellow registered citizen who told his “authority figure” that he was contemplating attending a college in a nearby city, the authority figure asked if my friend intended to just drive there and back or stay the night. I was shocked that he asked my friend that.
How does he have the right to ask that? My understanding is that all you have to provide is the name and location of the college. Never volunteer extra information!
When one is on probation/parole, it constitutes ‘punishment’ to ‘correct (modify)’ one’s behavior (thus Department of Corrections or, in effect, Department of Behavior Modification). During such time, one is required to comply with a myriad of restrictions affecting one’s liberty, including liberty of movement, or be subjecting to the attending penalties (punishment) for non-compliance. One must ask for permission to travel and provide all of the personal and intimate details of said travel and, if permission is granted, one must often carry a document to show the so-called authorities that may pull one over for a victimless moving violation that you have, in fact, been granted permission by the almighty fictitious State to exercise your otherwise God-given right to travel freely upon His land that He created. But then one’s probation or parole is terminated, the so-called debt to society (though society as a whole did not suffer injury or damage from the one’s behavior) and, thus, the penal (punishing) act of having to ask the almighty State for permission to exercise your natural right to travel, along with having to provide all of the personal details of one’s travel, comes to a glorious end and one is now once again free to move about freely as s/he desires without having to ask permission from anyone or provide specifics. Or, so it should be. But, the truth is, no matter how much they attempt to sugar coat and justify the registration & public and community notification scheme, it only serves to transfer one from being under the supervision of one government entity (Department of Corrections/Parole) to another (Sheriff’s Office), thus being nothing less than the uninterrupted, ongoing penal nature of supervision by government, requiring a myriad of restrictions with attending punishments for non-compliance of said restrictions. Anyone who dares declare differently has their brain located in their big toe and stumped it on a piece of furniture in the middle of the night resulting in permanent brain damage.
The fellow registered citizen I speak of is off probation.
That’s how I do it. Now I’ll just have to change the place I stay after two nights. Very inconvenient. Nothing that I have seen says you have to let the county know if you are going to be gone, only if you establish temporary or permanent housing.
Correct, Jerry – just don’t spend more than 2 nights in the same place in one year.
I don’t care for Corcoran either but I do wish he’d have some success in ending all the profiteering of “lobbyists” like Ron Book. The level of corruption is ranked 10th in the nation.
What grounds will a lawsuit use to attack this injustice?
I imagine the grounds that each individual cannot have a ‘blanket law’ applied to them which causes potential punishment (they’re not in custody of the state, they shouldn’t be obligated to be punished) because they haven’t proven that person’s individual ‘dangerousness’ level. They can make registration OPTIONAL, but as soon as you apply a punishment to it, you better back up why that is needed. This seems to be the logical argument, but this is just one angle to use. There have been small ‘wins’ in the courts in recent 2 years that would potentially allow them to be used as building blocks for putting together a greater argument as described above.