UPDATED with Public Hearing Date: Some Brevard County Talking Points
The Public Hearing on the Amendment to the Brevard County Ordinance is scheduled on the Agenda for Tuesday August 25th at 9am. Location is Brevard County Government Complex at 2725 Judge Fran Jamieson Way Viera, FL 32940 in the Commission Chambers. Registered Citizens are not able to attend due to this same ordinance because the complex is located within 1000’ of a school.
If you are a family member or concerned citizen, and able to attend the meeting, we will be organizing a group to attend and to present at the public hearing. If you are a registered citizen or otherwise unable to attend, but wish to be heard, please write a letter to the commissioners and send copy to us. All correspondence, questions, plans to attend should be sent to [email protected] or call 407-782-6912.
We need your support to stop this amendment which will 1) change the definition of a park to include 1000’ around certain private properties and 2) add 1000’ around certain businesses as exclusion areas to the already 1000’ around schools, parks, playground and daycares. Read the Legislative text here for an explanation of the proposed changes.
- The Legislative Text states that “pharmacies” are NOT excluded, yet we have heard from members that they are told they cannot go to certain pharmacies. What has been your experience? Specifically what locations have you been told, by probation or Sheriff, you are NOT permitted to go due to the current ordinance, and how will this proposed addition of certain business impact you or your family? Let’s hear from you in comments below or email [email protected].
Brevard County currently has an ordinance that makes it illegal for registrants to enter into or remain within the 1000-foot buffer zone surrounding any school, daycare center, park or playground, with only a few exceptions given. Now Commissioner Tobia would like to add an amendment to that ordinance, whereby private businesses would be able to declare themselves the center of an exclusion zone, banning anyone registered as a sexual offender or predator from entering within a 1000-foot radius of the outermost boundary of their business.
Our concern is not just Brevard County. It is the domino effect that can lead other counties to pass such ordinances, as has happened in the past. We need as many people as possible to write these commissioners. Currently, there has been very little opposition within Brevard County, so the commissioners feel comfortable with passing it. If you are not a resident of Brevard County, you can still let the commissioners know of your concern as you do not want ordinances like this one spreading to your county. But Brevard County residents, you really need to speak up. Without you, we are all sunk.
These are the email addresses and phone numbers for the commissioners along with talking points for those who need some suggestions:
Rita Pritchett (Vice Chair), 321-607-6901: [email protected]
Bryan Lober (Chair), 321-454-6601: [email protected]
John Tobia, 321-633-2075: [email protected]
Curt Smith, 321-633-2044: [email protected]
Kristina Isnardi, 321-253-6611: [email protected]
- Tobia state that there is a high propensity to re-offend: Re-offense rate for committing another sex crime is in the single digits. There are numerous studies out there to support this fact, one being the May of 2019 U. S. Department of Justice Report on the Recidivism Rate over a 9-Year Period for Released Inmates Whose Most Serious Offense Was Rape/Sexual Assault being 7.7%.
- Commissioner Smith inquired as to what had happened to initiate such an amendment: Tobia had not a single case to give Smith. The 867 registrants in Brevard County are not re-offending.
- Unconstitutional: It would be applied retroactively against people whose offense was before the ordinance was passed.
- We already have Florida Statute 856.022: This statute prohibits anyone on the sex offense registry from loitering within 300 feet of where children congregate.
- This amendment is proposing 1000 feet away from the outermost boundary all around the property: One thousand feet is 3 and 1/3 football fields. The area of a circle with a radius of 1000 feet is 3,141,592 square feet. The radii on these circles would actually be longer than 1000 feet if taken from the center of the property, making the area even greater.
- There is no research to support exclusion/proximity/buffer zones: Ask the Brevard County commissioners to provide their research that shows the effectiveness of having these zones.
- Enforcement/compliance would be impossible: How do you know if you are 900 ft or 1050 ft from the outermost boundary? Will a map be provided to help registrants and law enforcement?
- This amendment will keep law-abiding registrants from meeting the constitutional basic needs provided to all citizens of this country: attending government meetings; visiting banks, businesses, restaurants, and in family/friends’ homes that they have been doing for years without incident.
- Lober wants the amendment to apply to those labeled as a predator: What about those labeled as a “predator” who are law-abiding citizens now? Released murderers, gang leaders, and armed robbers who re-offend are given the right to live and be physically present anywhere in Brevard County. Mr. Lober stated that “predators” are registrants who have two or more second degree felonies or have committed a first degree felony. In the statute on predators, it defines a predator as “repeat sexual offenders, sexual offenders who use physical violence, and sexual offenders who prey on children.” In Florida, the term is used for anyone where the victim is under 12 years old. Florida does not differentiate between “over the cloth” and “under the cloth”, as some states do. All one has to do is touch a child under the age of 12 over the cloth on the breast, buttock, or between the legs momentarily, and the prosecutor has the choice to classify the accused as a predator. Florida does not use risk assessments, so everyone is put in the same box. There are many people labeled as a predator who are leading law-abiding lives and are not a threat to anyone. What Mr. Lober is really requesting is a risk assessment which he will unfortunately not get in Florida.
- Tobia stated that anyone violating this new amendment could not only face jail time of up to 60 days but also a possible fine of up to $500 and be subject to consideration for incarceration if there are other violations: Why is Mr. Tobia looking for more ways to incarcerate people who are now law-abiding citizens?
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I fear that someday the people on the registry who get placed into an ever tightening noose will one day soon start to just snap from the pressure and retaliate against these laws and law makers. There’s only so far you can push a man before he pushes back. Seems like talking and litigation isn’t working. I hope this movement dosent have to proudece marters like MLK and so on. Some people have had to die in American history to force Justice.
A word to the wise: be careful about making comments like this on a public forum. While history shows us what can happen, please be careful what you say.
I have said this before and i’ll say it again if you have a skill that can be used in any country or you can work from the computer Move away from the united states to a country that will accept you because it is never going to get better here as time goes on.
Tell that to the people of California, which eliminated all their exclusion zones.
Or Michigan, which is now registration-free, indefinitely.
Jacob i love the optimism but for s long as i have been on the registry every time we get a decision in our favor two more re created to hurt us and the one that went in our favor gets overturned by higher courts almost every time. Talk about California now because they are out of money that why they eliminated their exclusionary zones. I promise you this once they get an influx of cash or are able to crack down on us they will or some politician trying to get elected will make up another stupid law that hurts us twice as bad. As far as Michigan they are already fixing the loopholes that were used to get it suspended and it too will be up and running soon. They do not want us here nor do they want us to travel. I’m trying now to get a work visa to work over seas but the American government is fighting it.
Update on Lober: he is willing to apply the law to offenders as well as predators, as long as he can carve out certain offenses which are OK.
That is what Tobia got Lober to agree to during the last public discussion on this.
We need figure out a way to help Lober to get out of the difficult political position that Tobia has put him in here.
Having read all of the comments below, thank you to those who have written to the commissioners. I am learning that the most powerful tool is a one-on-one conversation with a commissioner, but as difficult as it can be, you cannot be confrontational, otherwise they will not listen. We really need some Brevard residents to visit their offices to have a civilized, polite conversation. We do have one Brevard citizen who has asked for a one-on-one meeting with one of the commissioners, and we all greatly appreciate his standing up for us.
SarahF, such words of wisdom are tremendously helpful to people like me who are new to this. All of us who expect shenanigans in our own counties someday should pay attention.
I think you are right about not being confrontational. Most of them are thin-skinned babies. Many of them got into positions of power because they felt weak their entire lives and they have low self-esteem. They desperately want people to beg them and kiss their rears.
That’s why I have to pay people to talk to them for me. I know I’m not equipped to do it. I mean, I could if I really needed to, but I’m not interested in acting. I will hire people more talented than I am.
Dear Commissioner Tobia:
I watched the hearing online of July 21 and perceive that you are greatly distressed by the thought of offenders and by the fact that a commissioner has been contacted by one because of the commissioner’s official status. And that contact has prompted the inappropriate response to increase the restrictions based on the unproven belief that it will increase the safety of children.
I sympathize with your feelings especially if you have been harmed yourself or have a family member or friend who has been harmed. An incident can stay with a person for a lifetime and it takes much work and counseling to resolve the feelings.
I can sympathize because I was sexually abused by my father for several years as a child. I have moved past it with the help of counseling and forgiveness, but the memory is always there. But it was one of the most common incidents that fits the category that most child victims know the perpetrator. And an ordinance like this would not have done anything to make me safer.
I know when we suffer a harm that we want to take action to keep it from happening to others. And I have taken some steps like this in my life through educating myself and becoming active in issues. There are many avenues for action. Educating children to protect themselves is one very productive way. Piling burning coals on the heads of those you personally feel deserve to continue to be punished will not accomplish your purpose.
There is no evidence that a proximity ordinance or residency restrictions make children safer. During all the years that a business proximity ordinance has not been in effect, have there been incidents to show the need? While it may be cheap to implement the business registry there will be costs incurred by law enforcement to administer and enforce this almost impossible unenforceable regulation. How will registrants know how to comply especially as the business registry changes? How will the homeless be able to comply if they do not have knowledge of the areas to avoid?
Passing an ordinance like this is not going to accomplish your purpose of making kids safer other than to make you feel good because you acted. And to enhance your standing with your constituents as you run for re-election. Please ask yourself if you are being unduly influenced by Ron Book and his family. He and his daughter seem to have made it their mission in life to continue to pass laws at the local, county and state level to make it more and more difficult for registered citizens and their families to live a productive life after they have served their punishment. This includes legislating hundreds into homelessness in south Florida.
Action should be research and evidence based. The Center for Effective Public Policy advocates for “Evidence-Based Policy and Practices (EBP). Starting in the medical profession two decades ago, EBP asserts that public policy and practice must be based on the best available scientific evidence in order to be effective in the achievement of its goals and to be efficient in the use of taxpayers’ dollars.”
The medical profession has a mandate to “first do no harm.” I think that rule should also apply to any legislation passed by politicians. Consider the harm this revision will do verses the unproven benefits.
You are already active in the community and care about your constituents. You have the power to advocate for better education for children on this issue and for other resources that will improve their lives and safety. However, I think you have an entrenched position that no amount of facts or pleadings by those about to be harmed will be able to change. Your position is disingenuous in that you pretend to care about the safety of children while you are trying to punish as well as improve your chances of reelection.
I watched the funeral service today for Congressman John Lewis. He accomplished a lot of good in his life. One of his quotes is “recognize the worth and dignity of every human being.” Please educate yourself, rethink your position and withdraw this ordinance.
I sent this email to Mr. Tobia today. I also sent emails to the 4 other commissioners that were slightly different based on their comments during the July 21 meeting.
Well written letter. I just hope the commissioners take time to read it.
Nice letter, I do hope he actually reads it.
And we’ve sent the letter threatening the lawsuit right?
What lawsuit?
I think he’s asking if this ordinance would bring about a lawsuit. Especially when you consider what you at FAC have written about it, posing the questions like “how will the homeless know about the ordinance?” and people who need to visit a PHARMACY for MEDICINE being arrested because of a buffer zone??? None of this is constitutional. How can anyone even CONSIDER making this a law/ordinance?
And this is troubling also;
Registered Citizens are not able to attend due to this same ordinance because the complex is located within 1000’ of a school.
What does that have to do with attending a PUBLIC HEARING of which the outcome will effect you? Do they literally have it in their minds that a registered person is going to the PUBLIC HEARING just so he can stop by the school and see if he can get a date for dinner later? This is getting FUCKING RIDICULOUS. And it needs a lawsuit. The entire state of FLORIDUH needs a lawsuit. The Kanka family who started this horseshit needs a lawsuit, AND…. the leftist president who signed Megan’s Law into law needs a lawsuit. Especially if more information about his trips to Epstein’s island come out of the closet. It should make anything that man signed into law be reversed.
Can’t even go to a fucking public hearing!!!?? WHAT COUNTRY IS THIS????