Member sues Town of Southwest Ranches, Florida over residency restriction
A Member (who we will not name to respect his privacy), has sued Southwest Ranches, a city in west Broward County, Florida, over their Sex Offender Residency Restriction (SORR). Although he challenges the application of their ordinance as to himself (since his case predates the ordinance by more than a decade) that was not the catalyst of the suit. The need for the lawsuit was because the Town administrators, police and city attorney simply won’t tell him whether the proposed residence is compliant or not.
Southwest Ranches, like most municipalities, has an ordinance which establishes banishment zones around places such as schools, parks, school bus stops and “places where children regularly congregate”. In this case, the radius of the buffer zone is 2500 feet, which creates an exclusion zone of more than 450.5 acres. I say more than, because the center of the circle is not the center of the property, but any point on the perimeter of the property.
When you consider that the entire town is comprised of only 8409.6 acres, an equal distribution of bus stops and playgrounds can easily render the entire town off limits. The City of Ft. Lauderdale recently had to amend their SORR after it was determined that only 3% of the city was compliant and a court struck their old SORR as unconstitutional. Unfortunately in this case, the Plaintiff can’t tell where he can or can’t live and apparently neither can the city, the city attorney or the police who are charged with enforcing the ordinance – Either that, or they simply don’t want to tell him.
In an effort to be compliant, the plaintiff asked the city and the police department whether he could move in to a proposed property, but they stonewalled him. After getting nowhere for months, he hired an attorney to try and get the answers for him, but after a couple more months of the same, the plaintiff had no choice but to sue the city – which is where things stand now.
Attorney Ron Kleiner, who represents the plaintiff in this lawsuit, says that this practice is not unusual. “It’s a byproduct of the ‘not in my backyard’ mentality that we see quite often. This is not about public safety, this is about banishment. If the ordinance can’t keep someone out of the city, some officials will stall until the registrant gives up or the property is rented to somebody else and it’s too late.” If a city is going to enact such an ordinance and enforce it by potentially imprisoning people, they should at least be able to give someone notice as to whether they or their property is subject to it.”
The lawsuit also argues that regardless of whether the Property is compliant, as to the Plaintiff, he should not be “subjected to the risk of further criminal prosecution by virtue of an ordinance which is a direct result of his 1994 offense, which occurred more than a dozen years prior to the enactment of the Ordinance.”
We will keep you informed as things progress.
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There is no greater punishment effecting registrants than being denied the liberty to establish a residency within a defined geographical area.
It really is unprecedented. This is not about a student who as a condition of enrollment is required to live on campus. Or a civil servant who as a condition of employment must reside “WITHIN” the municipality. Or about the powers of the municipality to limit the number of persons who may legally reside in a unit. All of which Miller turn on.
The Student is free and of his own volition to enroll at another university with or without such restriction, The civil servant is free and of his own volition to do the same. And six individuals choosing to reside in proximity to each other could rent two units in the same building. Of the primary reasons free man travel educational and employment opportunities are foremost.
This isn’t about the “Right to live where you want” whatever that means, its whether we have the liberty to act on our own volition and inclination. To be free to travel, to change employment and to reside within any geographical area of America, City, State, Town, without government interference unless for the punishment for a crime.
How is this not protected conduct?
It’s interesting that ordinances are ONLY for those convicted of a sexual offense (and it doesn’t even matter if the offense was victimless – like skinny dipping – or of the offense wasn’t even against a child), but anyone else, with any other type of criminal record or who lives a criminal lifestyle (gang members) are perfectly “a-ok” to go wherever they please.
I hope you don’t mind me sharing this YouTube link below. As soon as the video plays, it starts at just the moment where Candace Owens talks about a child who was taken from a basketball park. At first, you think she’s going to say the boy was sexually molested. But wait for it. And then tell me again why RSO’s aren’t allowed to live near a park or school? This story is not the only time I have heard of such a thing happening for gang retaliation reasons. It’s truly sickening what we are doing to our people in this country with the “sex offender” scarlet letter. But if you’re a gang member and a blatant murderer (a sociopath, basically), somehow that’s ok. What?!
https://www.youtube.com/watch?v=3ZnlrQdqU_c
With the home rule that the Florida legislature has granted to our counties, what would it take to take down all residency restrictions over the state’s 1,000-feet resisdency restriction and buffer zones over the state’s 300-foot loitering one (statute 856.022)? Is it possible to do it all in one lawsuit, or does it have to be county by county? (All it took was for Palm Beach County to have one lawsuit filed over its 2,500-foot resisdency restrictions and the county attorney told the county they would loose if they fought it in court.) https://www.sun-sentinel.com/local/palm-beach/fl-sex-offender-rules-20140722-story.html
FAC has all of the lawsuits that it can afford for now. Just for my information, though, can one lawsuit be brought against all counties at the same time? Anyone have a ballpark figure as to what such a lawsuit would cost? If it has to be county by county, any idea on how much that would cost per county? (After one or two counties fall, I would think that just the threat of a lawsuit would make the others back down. But maybe I am wrong.)
You can bring a lawsuit against a single county, and the result can then be used as precedent. At least that’s how ACSOL has done it in California.
Has it done a lot of good in California?
In California, many cities have had to abandon their residency restrictions, thanks to the work of Janice Belucci and ACSOL.
California seems to be coming around.
Perhaps this video has already been posted at the FAC website: casomb.org
@SarahF:
The linchpin would be a finding statute 775.215 punitive, (it is).
Empowered by Article VIII of the State Constitution, Miami Dade is a home rule County whose authority includes enacting and enforcing local remedial ordinances. Penalties imposed can be no greater than misdemeanors punishable by fine or less than 1 year in jail.
ARTICLE III Section 11(a) 4) of the State’s constitution prohibits home rule Counties such as Miami Dade and Broward from enacting any special law or general law of local application pertaining to punishment for crime.
My argument has nothing to do with the poor old Ex Post Facto horse we have beaten till its blue in the face. No, it about statutory construction of 775.215, the history of the States residency restriction, and legislative intent. Its about State constitutional law.
In the State of Florida, a sex offender who fails to comply with the States residency restriction is subject to criminal prosecution which points directly back to the original offense, while all other potential criminal prosecutions the offender may face, such as failure to register, is separate from the original offense and any penalty imposed is for that failure. Do you understand what I’m trying to say here?
Under 775.215 if your original conviction was a first degree felony or higher, the penalty imposed for violating this provision would be a 3 degree felony punishable as provided.
If you where convicted of a felony of the second or third degree, then you would commit a misdemeanor of the third degree for a violation of this statute punishable as provided.
Background:
In determining whether a sanction imposes punishment the courts consider a two-prong test. Under the first prong courts will consider whether the legislature clearly intended the statute to be punitive. If the statue is deemed punitive that ends the inquiry. It is imperative that we prevail at this prong otherwise we’ve lost. The State intended Statute 775.215 to be punitive. Let them prove otherwise.
The second prong of Kennedy V Mendoza-Martinez is by design to justify imposing that which is punishment as regulatory. Its very nature is deferential to the legislative body, the seven factors are highly subjective and finally, they are easily manipulated by results-oriented judges (as it was in the seminal Miller case) to achieve the desired result.
Everyone I’ve so far spoken in this community warns of presenting a weak and frivolous complaint because if lost would set damaging precedent. Miller was such a case.
Good one man I get it just don’t know what todo. I’m facing serous time I’m prison for a harmless violation of the registry and my points from 20 years ago are attached due to a MM 6 years ago. To me it’s double jeopardy cause I have to follow these stupid rules then when I slip up They attach point from the reason I’m having todo this it’s like probation. My charge is 4 points past MM 2 points original sex charge 20 years ago like 26 WTF??? They wanting to give me 2 years for absolutely nothing and attorneys want 10k and another 7500 stating it’s very serious serous my ass speeding is serious what I did had no criminal intent. I think this is an issue I can fight for everyone I’ve been researching the gun laws of felons to compare and I don’t think a stipulation arriving from the result of a previous crime can use that previous crimes point to enhance its punishment as it is the punishment someone help me here point me the right direction!!!
The cumulative effect of the entire sex offender regulatory scheme is worse than probation. Which of the non-punitive regulatory sanctions you violate?, failing to obtain State issued id? Surely for something as serious as that you should be incarcerated for a minimum 15 years. (Pun intended)
basically yes lol that’s correct a traffic ticket pointing back to the original offense now going to jail.
Can a traffic ticket put someone on probation who is also on the registry in jail?
@SarahF,
I’m not lawyer, but I would have to say “yes” according to the statute:
“948.03 Terms and conditions of probation.—
(1) The court shall determine the terms and conditions of probation. Conditions specified in this section do not require oral pronouncement at the time of sentencing and may be considered standard conditions of probation. These conditions may include among them the following, that the probationer or offender in community control shall:
(e) Live without violating any law. A conviction in a court of law is not necessary for such a violation of law to constitute a violation of probation, community control, or any other form of court-ordered supervision.”
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0900-0999/0948/Sections/0948.03.html
Not unless his conditions of probation include, “you are not to get any traffic tickets,” which I assume they don’t. But some traffic stops may be more intrusive than those applied to people not on probation. And he should contact his probation officer ASAP after receiving one.
No. Traffic tickets are generally civil, not criminal.
Dui, driving without a license, etc on the other hand are criminal.
Thank you, Sc.
Depressing
Depressing is the utter despair of so many people who are simply trying to re-integrate into society.
What places nowadays isn’t a place children congregate at? More lawsuits are the answer, I say get their sorry butts.
I never thought of that. They just keep you in the dark till you give up. Disgusting and I shouldn’t be surprised.
About 5 years ago I was presented with an opportunity to purchase a home and land in Lake County. I called several people and departments and was told they don’t tell people if they can or can’t live somewhere. They only tell them the restrictions and the rest is up to you. I obviously didn’t want to rush this so I stayed in Volusia. It is a horrible trap they set up.
The problem with this, though, is that you have no idea if a home nearby has obtained a daycare license. You could move into a home and then have FDLE show up at your door telling you have 48 hours to get out because of a home 2 doors down from yours that has a daycare license. Probation will not even tell me how many homes in my neighborhood have a daycare license, let alone where they are located. All they said they could tell me is that daycare is a problem. They won’t even tell you if it is a stand-alone daycare or in a home. I only know where they are in my neighborhood because a very compassionate deputy, with whom my husband will register, told me of their locations. I am going before a judge to request an exemption for my husband with a FAC-recommended attorney. What do we tell the judge? There could be one daycare or there could be ten. Who knows?
Exactly what I asked the person. I said so I moved in, register in that county and then you come arrest me because I can’t live there. Their response was, yes that is correct. Volusia isn’t perfect, but the deputy that comes is nice. Always asks if I’m having any problems. The ladies at sheriff are nice. I’ve called and spoke to detective about getting a CDL before and he said he would allow it. I hate the park thing, and public registry. But it’s better here than lake county I think.
Is an exemption allowable by statute? Will your husband be on probation or other community control? If so check those statues for other perhaps more burdensome sanctions.
Wishing the best
I have read that exemptions are sometimes allowed, particularly for older people. My husband will be turning 79 as soon as he is released. There is also some dementia. His sentencing put him on 28 years of probation.
Probation told me that they see exemptions granted all of the time but you have to get it from the judge who oversaw your case. Attorneys have told me that our judge grants very little to anyone, but he always treated my husband with the greatest respect, so I will see what happens.
Thank you.
SarahF, here’s a link to search your neighborhood, zip code, town, county for ALL childcare facilities [including family daycare] which are licensed by the State of Floriduh:
https://cares.myflfamilies.com/PublicSearch
Thank you! Thank you!
I did talk to a lady at DCF, whom I felt really wanted to help me out with the information that I was seeking, but say she was not allowed to give out the information that I was requesting.
I am astounded how lay people, such as yourself, can be of so much help, while the people payed as public employees (who can eventually have you arrested) can give you absolutely no assistance. Is this what the citizens of our country want? I don’t think so. I know our founding fathers didn’t.
Sarah, I don’t think it is that they can’t give you information, it’s that they don’t want to give it to you. Something about job security.
Be sure to document all your diligent attempts to identify and locate day cares and comply with the law. You never know when such information might be beneficial in court.
After all, if all responsible government agencies ABSOLUTELY WILL NOT TELL YOU whether you are proximate to day care, then what is there to comply with?
@SarahF, you are very welcome. Being unemployable, I have time to research things on the internet. I always try to defer to written statutes, ordinances, and policies when assisting fellow registrants and their loved ones.
I suggest move out this state to you and everyone. 1st step to a state that don’t lifetime register then elsewhere. Even if it means over seas!!!!
As a 29 year military veteran I would never let any two-bit politician run me out of my home. I live in Florida and love it here. I have put my past failures behind me…best they do the same.
This is where GIS can help. It takes about 5 minutes in GIS to establish the SORR parameters visually. I went to Leon County GIS and they happily provided me with a map with color coded buffer zones for parks, daycares, and others, although I wasn’t concerned with bus stops. Perhaps his lawsuit should require counties and cities to use the GIS maps and post them conspicuously.
This city has bus stops and “places where children congregate”
Which city?
Ben, could please tell more about this CIS? I have not idea what it is. Where do I get it? We are in Clay County and might have to move.
If FAC would allow this link as a basic educational notation: https://www.esri.com/en-us/what-is-gis/overview.
So GIS can show any information you need, such as where phone lines and stop signs are located, to statistics of panda and rhino populations. Property lines can be given the parameters, such as a 2500 foot buffer, that a registered person may require. Information may not be current, but if you find an area that seems suitable, you can always have an address verified by the sex offender officer AND your probation officer, if both are part of you life. I learned about GIS (Geographic Information System), when I was working on a degree in drafting and design. You may have to travel to a major metro area to find a County GIS. Leon county GIS is under the court house on the back side and you need a key card to enter, so you certainly have to knock. One could possibly call ahead as well. I was lucky to get my map for free, but you may have to pay for it.
GIS may also be used in court cases as they are considered official documents if you get it from a government source. Contractors and engineers use GIS frequently.
Thank you, Ben. I have copied everything that you posted. Even though I am in a metropolitan area, what you shared is a little overwhelming, but glad to know it is available. So many people would be unable to do all that you were able to do; yet these very people could be arrested because of their lack of understanding on how to survive the world of probation and the registry for people who once committed a sex offense.
I think the real beauty of the GIS map of any given area would be that buffer zones around any restricted areas are a good visual for courts. Imagine all the parks within a city or county surrounded with the required buffer zone in green, daycares in red, and any others in yellow or blue. Showing how those zones overlap with a 2500 foot zone vs a 1000 foot zone would make an impact because it would be immediately visible. And this is old technology. I took GIS classes 5 years ago and it was old tech then.