Miami makes people homeless and then arrests them for being homeless.
Nearly 1/3 of persons required to register as sex offenders in Miami-Dade are homeless. That’s an insane statistic. They are not homeless because they want to be. They are legislated into homelessness because of the County’s “Lauren Book Child Safety Act” that sets a 2500 residency restriction. They are not refusing emergency shelter. They can’t go to an emergency shelter because there are no homeless shelters in Miami-Dade that will take people on the registry. You can ask Ron Book why – he chairs the Miami-Dade Homeless Trust (305-375-1490).
According to reporting by WLRN and an advisory from our Legislative Committee, the City of Miami just passed (3 to 2) an amendment to its homelessness ordinance that would allow police officers to make arrests without first providing a written warning.
They are still required to offer shelter, but buried within the proposed ordinance is a provision that specifically singles out people on the sex offender registry. The ordinance states: “Notwithstanding the foregoing, nothing herein shall be construed to prevent or otherwise prohibit a police officer from arresting a person in violation of this section who is ineligible for shelter placement for any reason including, but not limited to: such person being under the influence of alcohol or drugs; such person having been previously banned from the available shelter; such person’s status as a sexual offender, sexual predator, or domestic violence offender; or any other past or present conduct rendering such person ineligible for placement in a shelter.”
In other words, a person experiencing homelessness who is listed on Florida’s registry could potentially be arrested immediately, without a written warning and without being offered shelter, simply because their registry status makes them ineligible for shelter placement.
How can a government require someone to comply with lifetime restrictions that make housing impossible, then criminalize them when those same restrictions contribute to their homelessness?
The ordinance has already passed and the Mayor, Eileen Higgins ([email protected]) (or call: 305-250-5300) has until Monday to veto it.
If you get a chance, please contact Mayor Higgins and remind her that a policy that creates homelessness and then criminalizes the homeless person for the consequences created by that legislation, is not a public safety solution. It is a revolving door. Encourage her to veto the bill until the County’s Homeless Trust has an opportunity to come up with a solution.
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This is an old story. The city does this so they can say two things 1. See registered sex offenders are repeat offenders(they just don’t mention it was not a sex offense they reoffended on) and 2. we are reducing the crime and homelessness in Dade county both of course are not true they are creating the infractions they then arrest the offenders for. Its a revolving money machine that helps justify the law enforcement jobs
I did call the Mayor’s office and requested she veto the newest Lauren Book punishment for S-O’s. Making the registrants homeless and then punishing them for being homeless is heartless and stupid. The majority of S-O’s are not pedophiles. Those are the people she should be targeting.
How many times must I repeat the obvious answers before they become..well obvious? This isn’t an “oversight” it isn’t a “neglect”….this is all part of a system working exactly as intended.. Which is also exactly why meaningful change based on pesky things like “constitution” “facts” “reality” will never come into play. These data driven nuggets will be hidden and buried the second they interfere or threaten the system and it’s existence … It is ironic though that the system uses “I’m a victim” so it’s ok for me to “create real life victims” to sustain and propagate itself… I’ve always had a suspicion there is much more to Lauren and Ron Books story then meets the idea, more truths to the tale then have been made available..I understand it isn’t “politically correct” to question a narrative once someone screams “I’m a victim” it’s automatically assumed there isn’t more to the story. What a lot of leeway that leaves….If only…
If you get a chance, please contact Mayor Higgins and remind her that a policy that creates homelessness and then criminalizes the homeless person for the consequences created by that legislation, is not a public safety solution. It is a revolving door. Encourage her to veto the bill until the County’s Homeless Trust has an opportunity to come up with a solution.
Also CC in email [email protected]
Dear Mayor,
As a retired U.S. Army veteran who fought to defend our Constitution, and as someone directly impacted as a registered sex offender, I am writing to express grave concerns regarding the City of Miami’s recent 3-to-2 vote amending its homelessness ordinance. This amendment, which permits police officers to make immediate arrests without a prior written warning, represents a dangerous step backward in public policy. More alarmingly, it contains an explicitly discriminatory provision targeting individuals on the sex offender registry—a population already systematically legislated into homelessness by existing county policies. By stripping this specific group of the mandatory offer of shelter before arrest, the city is actively constructing a legal trap that criminalizes unavoidable human existence, inviting severe federal civil rights litigation.
The statistic is as undeniable as it is staggering: nearly one-third of all individuals required to register as sex offenders in Miami-Dade County are currently experiencing homelessness. This is not a matter of personal choice or a refusal of services. This crisis is directly engineered by state and local legislation, specifically the county’s “Lauren Book Child Safety Act,” which enforces an aggressive 2,500-foot residency restriction. Because this restriction renders the vast majority of standard housing options illegal, the state effectively mandates homelessness for this population. Compounding this, these individuals cannot seek refuge in emergency shelters, as no facilities managed by the Miami-Dade Homeless Trust—chaired by Ron Book—will accept individuals on the registry.
The newly amended ordinance exploits this systemic failure through a deeply troubling clause:
“Notwithstanding the foregoing, nothing herein shall be construed to prevent or otherwise prohibit a police officer from arresting a person in violation of this section who is ineligible for shelter placement for any reason including, but not limited to… such person’s status as a sexual offender, sexual predator, or domestic violence offender…”
By embedding this language, the city has created a paradoxical and unconstitutional mechanism. A person listed on Florida’s registry can now be arrested immediately, without a written warning and without being offered shelter, solely because their registry status makes them ineligible for shelter placement. The city is essentially stating that if a person is banned from housing by the county, and banned from shelters by the Homeless Trust, the city will jail them for being on the street.
The City of Miami does not have to look far to see the legal consequences of this approach. A powerful and binding federal precedent exists within our own state. In the landmark case Cross v. City of Sarasota (Case No. 8:16-cv-01646-MSS-AEP), the ACLU of Florida successfully challenged Sarasota’s “lodging out of doors” ordinance under the Eighth Amendment. The federal lawsuit established that arresting individuals for sleeping outside when they have no realistic, legal alternative for shelter constitutes cruel and unusual punishment.
To resolve the federal challenge, a judge approved a comprehensive settlement forcing the City of Sarasota to completely overhaul its police protocols. The court mandated a strict “bed-first” enforcement policy, dictating that officers must first offer an available, accessible shelter bed before any citation or arrest can occur. Furthermore, the city was legally compelled to expand shelter capacity to ensure these offers were real and viable.
The City of Miami’s new ordinance flies directly in the face of the Cross v. City of Sarasota ruling. By explicitly stripping the mandatory shelter offer from individuals whose registry status renders them ineligible for placement, Miami is criminalizing a class of people for failing to comply with an impossible demand. You cannot mandate compliance while simultaneously blocking every legal path to achieve it.
How can a government require citizens to comply with lifetime restrictions that make housing an impossibility, and then immediately criminalize them when those exact restrictions result in homelessness? Having served this country to protect the constitutional rights of all citizens, it is deeply troubling to watch our local governments pass ordinances that fundamentally disregard the Eighth Amendment. This policy does not solve a public safety issue; it simply shifts a policy-driven housing crisis into the criminal justice system at the taxpayers’ expense.
I urge you to review the federal outcomes of the Sarasota litigation and reconsider the constitutional viability of this amendment. True public safety and civic order cannot be built on ordinances that violate the Constitution and target the most vulnerable, legally trapped members of our community.
Thank you for your time, leadership, and serious consideration of this urgent matter.
Sincerely,
Ryan Anderson
U.S. Army, Retired
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Formal Legal & Media References
* Federal Case Precedent: Cross, et al. v. City of Sarasota, Florida, et al., Case No. 8:16-cv-01646, U.S. District Court for the Middle District of Florida.
* ACLU Case Record: [ACLU of Florida Cross v. City of Sarasota Settlement Page](https://www.aclufl.org/cases/cross-v-city-sarasota/) (Detailing the unconstitutionality of arresting homeless individuals without accessible shelter alternatives).
* Local Policy Background: Reporting by WLRN News regarding the City of Miami’s 3-2 vote on the warningless arrest amendment.
* Administrative Oversight: Miami-Dade Homeless Trust Policy Directives under Chair Ron Book (305-375-1490), outlining shelter placement restrictions for registered citizens.
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Ryan,
This is great! Thank you!!! I’ve asked for an invitation to be sent to you today to join our media call at 7PM. Thanks for your steady and dedicated help in our efforts!
Come on first Woman for the city mayor position and also democratic. Fingers crossed she understands lays compassionate ear
Thank you haven’t got invited yet may not be able tonight talk get my phone turned back on tomorrow bill wise but can receive calls. VERY INTERESTED
This is a little off topic, but here in leon county you can not got to a shelter during a hurricane because the pit the shelters at schools and they ban sex offenders anyways. A couple years ago I was under a mandatory evacuation order. My only option was to check I to the jail. Now way was I doing that. So I rode out the storm illegally in my own home. I was the only person around in my own neighborhood. I was alone and thank god a tree didn’t crush my home. The government doesn’t care about our well being.
If you get a chance, please contact Mayor Higgins and remind her that a policy that creates homelessness and then criminalizes the homeless person for the consequences created by that legislation, is not a public safety solution. It is a revolving door. Encourage her to veto the bill until the County’s Homeless Trust has an opportunity to come up with a solution. As always, be sure to remain civil and on-topic.