New local laws bar sex offenders from celebrating popular holidays
JACKSONVILLE, Fla. — With the holidays upon us, local law enforcement warns parents: there are more sinister things, than ghost, goblins, and things that go bump in the night.
In early 2015, Duval County made changes to its sexual offender ordinance, and the new laws were just in time for Halloween.
Former city councilman Warren Jones spearheaded the laws which were ratified in February.
“We had some legal loopholes that some of the sexual predators and offenders were exploiting,” former City Council member Warren Jones said.
Like not being allowed to wear masks related to a holiday or seasonal event.
“Especially during Halloween, where they were painting their faces. So the law didn’t address painting your face, so we amended that,” said Warren.
According to city-data.com, there are more than 2000 registered sex offenders living in Florida.
Offenders and predators are also barred from putting up decorations. Jones said offenders will put decorations up weeks before a holiday, then, take them down on the observance day – once again finding a loop hole and exploiting it.
“My eyes are always on her,” Jacksonville mom, Marianna Whitten said.
Whitten said she takes as many precautions as possible to protect her nine-year-old daughter.
I check websites to see how many registered sex offenders live in the neighborhood’s we plan to go trick-or-treating in, Whitten said.
However, Whitten said she still plans to dress her daughter up year after year.
“It’s really scary but you still have to let them be kids. Just have your eyes on your children, always,” said Whitten.
“There are bad apples everywhere and you can’t let people like that spoil it for the kids,” said Colon.
There are additional rules: On Halloween from 6 a.m. until midnight, sex offenders and predators have to post a sign at their homes which say “no candy or treats here”.
Sexual offenders and predators also have to turn off all outside lights on Halloween, or the day it is celebrated.
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Ok – just so you know – none of the officers have seen fit to call me back – I did some searching on my own and the only Seminole County ordinances I can find about RSOs are the living and parks etc.. and the proximity one – absolutely nothing about Halloween and yet they are going to EVCARY RSOs house and giving them a sheet of paper saying that they have to have there porch light off, no candy (state law says this) – and also other things – that they cannot wear any masks or costumes at all etc … does any one in Seminole still have the sheet they gave you? For some reason my son cannot find his right now … that means of they do not have an ordinance they are just arbitrarily telling those off probation that they have to do all these things!
The poison thing on Halloween is a myth too …
I have had 3 LE officers and one sheriffs deputy from Seminole call me this afternoon because I asked the simple question what is and where can I find a copy of the Seminole County ordinance pertaining to Halloween for sex offenders. NO ONE seems to know or have it and yet they made them all sign a paper saying not only could they not give out candy but they could not participate in any Halloween activities – far beyond what the FL law says – and the FL law is only for those convicted after May 2010 (my son just missed it) – so… if there isn’t a Seminole county ordinance (no one seems to know) then they are making these folks sign a paper about all kinds of stuff that is not part of the FL law.
Haloween should be done with. It serves no good purpose for children nor grown ups. My wife never allowed our children to be placed in danger of being intoxicated or poisoned by anyone, Much less on a horror day. We never gave candies to kids, so we would not be confused, should one of them be poisoned. Now it is being used to mark a target, an ex=sex offender. This is the real reason behind the registrant laws, to mark ex-sex offenders as hit targets.
I am sorry but I get so confused about all of this sometimes – I thought the no Halloween only applied to RSO on supervision? Can someone clarify that for me? Not that any one I know is planning to observe but it is good to know – and the costume/mask thing – is that all counties – does it apply to adult Halloween parties?
Karen – each County has a different rule.
For those ON PROBATION, Florida Statutes 948.30 provides, “A prohibition on distributing candy or other items to children on Halloween; wearing a Santa Claus costume, or other costume to appeal to children, on or preceding Christmas; wearing an Easter Bunny costume, or other costume to appeal to children, on or preceding Easter; entertaining at children’s parties; or wearing a clown costume; without prior approval from the court.”
For those OFF PROBATION, it’s County by County. Some Counties have no laws, and some cities like Jacksonville (Duval County) have some pretty draconian stuff
Any person designated a Sexual Offender or Sexual Predator shall:
(i)
Avoid all Halloween related contact with children;
(ii)
From 6:00 a.m. to 11:59 p.m., on October 31 (or any other day on which Halloween is celebrated) post a sign at his or her residence, including a vessel, or vehicle, stating, “No candy or treats here.” Such signs shall be in letters at least two inches high and shall be legible on the property leased, rented, owned or occupied by the Sexual Offender or Sexual Predator, and clearly visible from the street, waterway, or any property that is open to public access. The signs may be removed after 11:59 p.m. on October 31, or the day on which Halloween is celebrated.
(iii)
Except for lighting provided on a year-round basis by the owner or manager of a multi-family residential unit for the purpose of security or walkway or hallway illumination, leave all outside residential lighting off during the evening hours after 5:00 p.m. on October 31 (or any other day on which Halloween is celebrated).
(iv)
Not place or allow any display, including but not limited to displays for any nationally or locally recognized holiday or seasonal event or practice, to be visible from the exterior of any Sexual Offender’s or Sexual Predator’s residence, including a vehicle or vessel, or on any property which is leased, rented, owned or occupied by such person, if such display could or would entice, attract, or lure a child onto, or nearer to, any residence, property, vehicle or vessel rented, owned or occupied by such person. Enforcement of this section shall not be limited to the actual calendar date of any given nationally or locally recognized holiday or seasonal event or practice.
If it gets any worse, I will find a way to move out of Florida. This ordinance is unconstitutional. The lawmakers know it. They are not ignorant, they are evil. How is this NOT a punishment???
http://ilvoices.com/uploads/2/8/6/6/2866695/levenson-2009-sex_crimes_on_halloween.pdf
Sorry, this is just a summary. I read the entire study a while ago, but can’t seem to locate the whole document right now…..maybe we ought to print out a copy and post it on our doors this halloween…
Thanks for this, Scott.
The full study can be read here: http://floridaactioncommittee.org/pdf/LevensonHalloweenreport.pdf
Bottom line; children are at no greater risk (of sexual assault) during this holiday than any other day!
lol, I should’ve figured you guys had it.
would like to point out another bottom line: halloween restrictions have had ZERO impact (positive or negative) on sex crimes on halloween.
decided I *am* going to post the summary as my halloween decoration….still considering another sign that reads “No Candy, No Treats, No good reason”
Exercise your first amendment rights!