Mine is a State Constitutional question not an ex post facto question. In the State of Florida, the State legislature has the sole power to enact “PUNISHMENTS” and create knew crimes. Counties are prohibited by law from creating new crimes or increasing the penalties opposed.

So, did the State of Florida intend 775.215 to be criminal or remedial? Because the statute is silent of legislative intent, I’m seeking judicial review of the question. If it is found to criminal, that ends the inquiry and controls in the State.

CMC
2500 is just shy of a 1/2 mile. In Some counties it would be impossible to find ANYWHERE to live with that restriction. It may sound bad but, impossing that may be the straw that breaks the camel’s back legally.

You may say the County declares it’s merely a public safety ordinance not punishment and I will ask: does the constitution prohibit a home rule county from enacting remedial ordinances that conflict with state enacted penal codes? Does the constitution grant state legislation supremacy?

When asking the State to pre-empt be careful for the State may just compromise, creating a uniform restriction of 2500 feet…They are bastards you know.

Jacob
I already sent that story 5 minutes after the news aired it. The story is now posted. If you know anything about this city, it is already HELL to live there as an offender. If this passes, essentially there will be almost no place to live as they already run a tight ship there with restrictions.

https://www.wftv.com/news/local/volusia-county/deltona-considers-tightening-restrictions-where-sex-offenders-can-live-within-city/IW3VVSZS3FG3FDFILNC7S5FZ4Q/?outputType=amp

Forest
Are they grandfathering people in or do you have to SELL your house if you lived there already when the ordinance came into effect.

Every municipal residence restrictions I’ve ever seen grandfathers in people who already own homes in the city. The ordinances vary in their treatment of renters. Some of the harshest ordinances mandate that offenders who rent property have to be evicted immediately at the end of the rental period following the passage of the ordinance.

The ordinance in the unincorporated part of the county is now only 1000 feet. The only difference between Palm Beach County ordinance and the state ordinance, is that the county ordinance also applies to people with offenses before 10/1/2004.

I live in a state that preempts localities from instituting residency restrictions. I’ve seen a couple of advantages. First it reduces uncertainty when moving, and in being evicted when municipal codes change after the fact. Second, registration restrictions need to be fought in only one place, i.e. the legislature, allowing focused energy.

I see the recommendation as a positive, albeit insufficient, move for Florida registrants.

Veritas.