Should the State Preempt Municipal Sex Offender Ordinances?
One of the most common questions we get concern residency restrictions. Since Miami Beach passed a municipal ordinance 15 years ago, restricting where persons required to register as sex offenders can live through sex offender residency restrictions (SORRs) have spread through our state (and nationwide) like the Ebola virus.
I repeatedly hear the disappointment in people’s voice when they tell me they found something 1000 feet away from anywhere children might congregate but the police still tell them they can’t live there. The conversations usually go like this…
“So the law says I can live anywhere as long as it’s not 1000 feet from a school or park?”
-“Well, Yes and No. Florida Statute 775.215 sets a 1000 foot residency restriction, but most Counties have their own ordinances.”
“So, What’s the County distance?”
-“That depends on the County. Every County is different. You have to search for the municipal code online or call the County clerk to get a copy of it and then see what it says.”
“Can I call someone at the County and ask them where I can live?”
-“Good luck with that one! You can try, but from tons of experience, you have a better chance of getting no answer or the wrong answer than anything useful”
“OK, so I need to be compliant with the State SORR, and figure out what the County SORR is and then search for a place to live?”
-“Well, no. That’s just the first and second step. Your City may also have it’s own SORR.”
“Great! So I have to check three different sets of regulations to find the one with the largest exclusion zone and use that as my distance?”
-“Not exactly. The distance is one thing but you also have to check what places encompass the exclusion zone. For example; a 1000 foot exclusion zone that includes all school bus stops and private playgrounds many be more restrictive than a 2500 foot exclusion zone that only covers schools and day cares.”
“So where do I get a map of all the school bus stops?”
-“They don’t have one”
“So am I supposed to just drive around looking for schools, parks, playground, bus stops and figure it out myself?”
-“Well I wouldn’t do that either. Your municipality may have a proximity ordinance where it’s illegal to even go within a certain distance of one of these places. Seminole and Brevard, for example, have a 1000 foot buffer. If you stop at a Starbucks within 1000 feet of a playground you don’t even know is there, you can get arrested.”
“WTF?!?! This is ridiculous! I don’t think this has anything to do with protecting children. This is just a trap to get us locked up again or cause us to be homeless. The State should do something create some uniform laws instead of this maze of BS!”
-“Tell me something I don’t already know.”
The above frustrating conversation is one I have multiple times per week. Yes, the state SHOULD do something to preempt the patchwork of ordinances across the different counties and cities. Not only will it help returning citizens to find stable housing and live with supportive family members, but it will prevent clustering of registrants in certain areas, it will reduce homelessness, it will help law enforcement better track registrants and as numerous studies have concluded, all that will make the public safer, which is supposed to be the goal here.
According to the Sun-Sentinel, in 2019 Florida lawmakers pitched 18 “preemption bills”. These bills sought to control County and City ordinances on matters like the use of plastic straws and fertilizer! As the Sentinel article points out, local governments “can’t regulate beekeepers, drones, ownership of dangerous animals, disposal of bio-waste or smoking in public venues.” Unquestionably these are all important issues, but if a lawmaker sees it important for the State to preempt manure laws, someone should definitely be looking into these horse-shit SORRs!
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Yes. I believe there have been enough documented cases of true harm done to registered citizens and their families so the State cannot dismiss such an effort as “hypothetical.”
I worry about this stuff whenever i travel. Wonder if it’s even safe to stop at a restaurant in a different town that might or might not have different rules than the State. As FAC points out, local communities don’t even make their ordinances easy for the public to access quickly. You can’t even trust local law enforcement to provide you with accurate information. Sometimes they aren’t even sure exactly what the law is. Or they will intentionally give you the wrong information just to keep you away.
Its begs two questions. 1. If the state residency restriction is not applied retroactive how can a county ordinance. 2. If the state limit is 1000 feet, should not the local ones be struck down as being ex post facto and not being the least restrictive?
It seems like in a lot of other states residency restrictions are being repealed pending threat of lawsuits. I wonder what the cost would be and the impact if the suit was brought in each county. Obviously changing the verbage to match the county.
There was one in Miami-Dade that lost and is on appeal. It makes no sense to file the same in every county at this point.
While the courts still don’t recognize the registry and all the other stuff with it as punishment, Ex Post Facto does not apply.
Seems we should take the fight to the streets via our individual talents, strengths and abilities. I do it via salons and barbershop by complimentary scissor sharpening in the name of a good candidate to kick out a bad one, it works!!! I have trained for free others to do the same. We need to harness the talents of those within our ranks “organize and mobilize” FAC has been a great inspiration for such THANK YOU!
I wish they would. Ive been forced to keep a residence else where for 7 years now to be legal. Ive owned my house for 22 years. So I pay $900 in mortgage and $400 to rent a room. I am just now about to have my house finished so it can go on the market. Its still hard for me to stomach this know a man can get thrown out of his own house. I can understand not being able to move in somewhere but not live in my home. My family has suffered substantially. City of Ocoee dictates i can not live with in the city limits period.
Yah, it is a pain dealing with these bully laws! How to deal with a bully? 1. You try to appease them. Well that doesn’t do anything but empower them to be more abusive. 2. You can run or hide from them. Being quiet only encourages them to get louder! 3. Lastly we must fight them! We should listen, watch and move in every legal way we can to fight back! Listen to FAC learn from them and inventory your own strengths and interest to bring to the fight. If you can’t but forgo your Starbucks coffee for a day and send a few dollars to support our Florida Action Committee that would be a good start.
I totally understand what Sick and Tired is saying I’m still wondering how any government is allowed to restrict someone’s use of their own home don’t they realize doing so aids in increasing homelessness not to mention the emotional and financial strain on the ex offender and their families.
From what I Know, If you lived at an address when the restrictions we’re out into effect, Your “Grandfathered In” !! You can’t be forced to move !! BUT if you ever moved away, You wouldn’t be able to come back !!! This happened to me in 2005 ! I moved away from my family home and couldn’t move back, Ended up selling it. BUT, Polk County and Florida COULD NOT force me to move even though they tried !! Probation also tried to force me to move, But I didn’t !! Finally they left me alone !!. When I did move,(after getting off probation), Polk County Sheriff’s Office made sure I knew I could NEVER move back to my “Family” home !!. I don’t see a law that Force’s us out of our home is legal in ANY way !!. I’d challenge it all the way to jail !!!. I did just that too !!. Good luck to anyone who “Stands Up” for yourself on this matter !!. But from experience, I’ve learned that if you Challenge the “Laws” , Sometimes, You win !!!.
Glory be yes as long as they don’t get the state to change it to match the harshest ones to make those like sheriff elmer FUDs happy.
Which humans are writing this stuff this thing is just a moneymaking thing Come on our humans lawmaker you guys can do better than this