Jed

To ban you from commonly used places like banks, gas stations etc. just because they are near a school should be the catalyst for a winning law suit. That teeters on your constitutional right to free travel, essentials to sustain life and life supporting necessities.

In some big cities like Tampa, there are lots of choices. Places like Melbourne not so much.

I used to live in Brevard County and moved away specifically because of this ordinance.

Most of you don’t seem to know that there ARE exceptions to where registrants can go under some of the conditions listed like sheriffs office, probation office, counselors, and things mandated by probation.

All they need to do to settle this lawsuit is ad one more sentence to this list of exceptions already in force, which really do nothing for the rest of the ordinance.

The rest of the draconian law will stay in affect. Like there is only two grocery stores you can shop at around Melbourne, and that is if you have a car and money for gas to get there.

I have no knowledge of ANY banks, few if any gas stations, no movies, no bars or clubs, or most any other places you can go other than the exceptions I will list below copied from the ordinance. I am shocked that the lawsuit did not go after the constitutionality of the entire ordinance, as many places a person MUST go to survive, especially if they don’t have a car or drivers license make it impossible to survive.

Specifically, the proximity restriction in §74-102(b) states as follows:
(b) Restriction of certain activities of sexual offenders and sexual predators. No
sexual offender or sexual predator shall enter into or remain within the 1,000-foot
buffer zone surrounding any school, daycare center, park or playground except to:
(1) Attend a scheduled interview or meeting with a social service provider
licensed by the state;
Case 6:22-cv-00023 Document 1 Filed 01/05/22 Page 7 of 26 PageID 7
-8-
(2) Comply with a request or court order from the judiciary, a correctional
facility or a law enforcement entity;
(3) Attend a scheduled meeting or interview with criminal justice
personnel at a criminal justice facility;
(4) Attend a bona fide educational institution as a registered student;
(5) Attend a scheduled or emergency health care visit with a licensed
physician;
(6) As a result of fulfilling legally allowable duties imposed by gainful
employment;
(7) Transport children within their legal custody to and from school or
daycare without any undue delay or loitering on premises;
(8) Seek refuge in a public shelter that has been officially designated by
the county or any municipality to house sexual offenders or sexual
predators during times of impending natural disasters or acts of terrorism;
(9) Attend a scheduled legal consultation meeting with an attorney who is
recognized as a licensed member of the Bar of the state;
(10) Attend a church service or function;
(11) Vote at a designated polling place within his or her district;

Sounds like a trap to get registrants arrested to fill their pockets. When I lived in Florida the sheriff’s office was downtown and not near a school. No matter how many ordinances are passed a person’s intent won’t change anyway. These commissioners need to stay out of the sun and use their hot air to fill balloons.

BJW, if you google Brevard County Ordinance Section 74-102 you can read through it.
I’ll try to copy-paste the section that deals with main issue we’re talking about.
Better to read it in it’s entirety from the “municode” website.
Sec. 74-102. – Sexual offenders and sexual predators.
(b) Restriction of certain activities of sexual offenders and sexual predators. No sexual offender or sexual predator shall enter into or remain within the 1,000-foot buffer zone surrounding any school, daycare center, park or playground except to: (1) Attend a scheduled interview or meeting with a social service provider licensed by the state; (2) Comply with a request or court order from the judiciary, a correctional facility or a law enforcement entity; (3) Attend a scheduled meeting or interview with criminal justice personnel at a criminal justice facility; (4) Attend a bona fide educational institution as a registered student; (5) Attend a scheduled or emergency health care visit with a licensed physician; (6) As a result of fulfilling legally allowable duties imposed by gainful employment; (7) Transport children within their legal custody to and from school or daycare without any undue delay or loitering on premises; (8) Seek refuge in a public shelter that has been officially designated by the county or any municipality to house sexual offenders or sexual predators during times of impending natural disasters or acts of terrorism; (9) Attend a scheduled legal consultation meeting with an attorney who is recognized as a licensed member of the Bar of the state; (10) Attend a church service or function; (11) Vote at a designated polling place within his or her district; (12) If the sexual offender or sexual predator is the parent or guardian of a person under 18 years of age, provided the sexual offender or sexual predator has declared his or her status as a sexual offender or sexual predator prior to entering the school property and has either scheduled a set time period to enter upon the property with the principal or designee or immediately notifies the principal or designee upon entering the school property: a. Attend a scheduled conference at school with school personnel to discuss the progress of his or her child academically or socially; b. Participate in scheduled child review conferences in which evaluation and placement decisions may be made or considered with respect to his or her child regarding special education services; or c. Attend scheduled conferences to discuss other student issues concerning his or her child such as retention and promotion. (13) If the sexual offender or sexual predator lawfully resides within 1,000 feet of any school, day care center, park or playground, he or she may enter into or remain within 1,000 feet of such school, day care center, park or playground for the purposes of travel to and from his or her residence, and any other bona fide activity arising from the ordinary maintenance and activities associated with such residence.
However, this section shall not be construed as prohibiting any person from traveling on those public roads located within the county when traveling through the buffer zone without intentional delay. A law enforcement officer shall, prior to any arrest for an offense under this section afford the person an opportunity to explain his or her presence in the area and the purpose thereof. No person shall be convicted of an offense under this section if the law enforcement officer did not comply with this procedure or if it appears at trial that the explanation given by the person is true and, if believed by the officer at the time, would have authorized the person to be in the area pursuant to one of the exceptions listed above.

(c) Measurement of distance requirement for residence. For purposes of measuring separation of a residence from a school, day care center, park or playground, all distances shall be measured from the outermost property line of the parcel upon which the residence is located running in a direct line to the outermost property line of the school, day care center, park or playground. For example, if the residence were located in a generally southwesterly direction from a park, then the measurement would be from the northeast corner of the residential parcel to the southwest corner of the park. For all other purposes, measurements shall run from the outermost property line of the school, day care center, park or playground. (d) Measurement of distance requirement for sexual offender or sexual predator. For purposes of measuring separation of a person designated as a sexual offender or sexual predator from a school, day care center, park or playground, all distances shall be measured from the closest observed location of the sexual offender or sexual predator to the outermost property line of the school, day care center, park or playground using a direct line measurement. (e) Required declaration of status as a sexual offender or sexual predator. (1) During times of impending natural disasters or acts of terrorism, sexual offenders and sexual predators shall immediately identify themselves as a sexual offender or sexual predator, as the case may be, to the official in charge of any public shelter where they seek refuge. Sexual offenders or sexual predators will not be permitted to remain at general shelters not designated to house them. Sexual offenders and sexual predators will only be permitted housing at shelters specifically approved to house sexual offenders and sexual predators. (2) A sexual offender or sexual predator attending any school or transporting children they have legal custody of to a school or day care center must declare his or her status as a sexual offender or sexual predator to the school or day care center principal or designee prior to entering the school or day care center property, and must also either schedule with the principal a set time period to enter upon the property or immediately notify the principal or designee upon entering school grounds or day care center property. (3) All sexual offenders and sexual predators registered in the county shall carry their state driver’s license or state identification card on their person at all times.

BWJ

If in Florida,Then I would have to register my show. I thought the saying in Vegas was “What happens in Vegas, stays in Vegas”? LOL

Brandon one of the key words in this article is Prohibiting. Does the word prohibiting justifying anything. If one looks at the scope of things Why do people prohibit one race over another? I mean who is playing truth or consequences in much of this justification.

Sure I hate to go to my probation office but my sister says the PO didn’t do anything to you. Is she like a woman trying to justify herself or like many not using common sense. If Florida laws used common sense and many other states their would not be registry confusion and a lot of these ordeals would be settled with warnings, tickets, or common understanding in all this registry tackiness.

CherokeeJack

It’s great to know you didn’t work for Fagin’s gang picking pockets and you don’t want more except for freedom. Last time I looked for cash was in my girlfriend’s purse and I was like Anne what do you keep in here; which explains why your purse increases in size every year.

Thanks. FJI covered the filing fee and service. It’s $402 to file a civil lawsuit and about $50 to serve the County. If you’d like, you can send the check, payable to “Florida Justice Institute” to FAC and we will forward it to them.

Brandon,
Like I said in my comment above it’s any business you may have at a county office in Viera. A strict reading of the ordinance says that you can’t even go to the Clerk of Courts office IN the courthouse next door because it’s across the street from another school…..
and for Cherokeejack, if you’re going to a Sheriff’s office for a non-scheduled or non-mandatory appointment, you’re correct, it technically violates the ordinance……. 🤣