From http://all4consolaws.org/2018/04/state-department-files-motion-to-dismiss-iml-lawsuit/

The post State Department Files Motion to Dismiss IML Lawsuit appeared first on Florida Action Committee (FAC).

Last week, the 2nd DCA threw out the “unlawful use of a two-way communications device” conviction of a defendant who was also convicted of traveling to meet a minor in 2012, finding that it was part of the same conduct and to be convicted of both would violate Double Jeopardy.

The court’s opinion mentioned that the lower court already recognized that it could not charge him with both traveling to meet a minor and use of a computer to solicit (because of Shelley), but here the Court further prevented the “use of a two-way communications device”.

In lay terms; prosecutors have been tacking on multiple criminal offenses arising from the same course of conduct. Caught in a sting? That’s one crime for online solicitation, one crime for traveling to meet, one crime for use of a two-way communication device, etc… Courts are catching on that if it’s all arising from the same course of conduct it can’t be three separate crimes, otherwise it’s double jeopardy.

If you are facing charges, make sure your attorney is aware of these decisions. If you are currently serving a sentence speak to your attorney (FAC is not a law firm, don’t ask us about your case) to see whether you would be entitled to any post-conviction relief.

The post Registrants in Florida Continue to Find Relief from Double Jeopardy Under Shelley appeared first on Florida Action Committee (FAC).

42 year-old Jason Vukovich, targeted and attacked three strangers, beating one man so badly with a hammer that he fractured his skull and knocked him unconscious.All because their names were on the state’s sex offender registry.

“We’re lucky we’re not dealing with a murder charge,” Assistant District Attorney Patrick McKay told the judge. “People do not get to take the law into their own hands just because they don’t like a particular group of people or a particular person.”

Unfortunately that’s what’s happening. deranged individuals who view themselves as “vigilantes” are using the sex offender registry as a hit list. As the Anchorage Daily News reported, “the men Vukovich singled out and attacked were complying with the law. They had gone through the court system, received their sentences and put their names on Alaska’s public sex offender registry, where Vukovich found their addresses.”It was not the purpose of the registry to allow people to do their own brand of justice,” the Judge told Vukovich. “The purpose of the registry was to keep the community safe.”

Sex Offender Registries Do Not Work

As more of these instances occur, we are realizing the registry does anything but that. It’s failing to keep the families of registrants safe.

The post AK: Man who attacked sex offenders sentenced to 23 years appeared first on Florida Action Committee (FAC).

Although the Supreme Court of the United States ruled that States cannot restrict a registered sex offender’s access to social media (Packingham v. North Carolina, 582 U.S. ___ (2017)), nothing has stopped social media companies, such as Facebook, from restricting sex offenders from their platforms. A lawsuit filed last week may change that!

Jared Taylor is the founder of the Virginia-based New Century Foundation – a white supremacist organization that was banned from Twitter because of new rules aimed at reducing abusive content. Although we don’t agree with the viewpoints of the Plaintiff, this lawsuit is certainly one in which we hope the Plaintiff prevails.

Taylor is suing California-based Twitter in California Superior Court, alleging that Twitter’s policy of banning him and his organization from their social media platform is unconstitutional and violates Twitter’s own founding principle; to “[g]ive everyone the power to create and share ideas instantly, without barriers.”

The issue in the suit is, “whether Twitter can arbitrarily and discriminatorily ban a speaker from its platform due to nothing more than the controversial nature of the speaker’s viewpoint, political beliefs, and perceived political affiliations.” The issue is very similar to Facebook’s practice of deleting the profiles of registered sex offenders and their policy of banning sex offenders (and their opinions) from it’s platform.

Facebook discriminating against sex offenders?

The suit does not question these social media platform’s rights to block hateful, offensive, abusive, obscene or speech intended to incite. It question’s it’s right to arbitrarily deprive anyone they “don’t like” to speak on it’s “town square”. For a long time we’ve considered a challenge against Facebook’s Terms of Service which ban anyone who is a “registered sex offenders” from their platform. We’ve never moved forward because, candidly, we didn’t think we had the financial resources to go up against one  of the top 10 tech companies in the US. This suit may give us some hope!

You can read the complaint below:

Taylor-v-Twitter-Complaint

The post New lawsuit may provide access to social media. appeared first on Florida Action Committee (FAC).

We have received several emails from members advising us that they have received a letter from a law firm in Texas, Estes-Hightower, PLLC stating they “received their contact information” from the state’s Public Safety Sex Offender Registry” and to contact them to see whether they are eligible for “early removal from the Sex Offender Registry”.

Be VERY cautious about these opportunists who market service to registrants.

***UPDATE – THIS FIRM IS SOLICITING A $5000 RETAINER FROM REGISTRANTS, A COPY OF THE “RETAINER AGREEMENT” WAS SHARED WITH US, THE AGREEMENT DOES NOT OFFER ANY SCOPE OF LEGAL SERVICES AND IS GOVERNED BY TEXAS LAW.

The post Warning: Texas law firm solicits registrants in Florida appeared first on Florida Action Committee (FAC).

The Florida Action Committee will be circulating the following letter to all legislators in our State concerning the “Vacation Rental” bill that would impose ridiculous requirements on both registrants and owners of vacation rental properties.

The bill is the result of “knee-jerk” legislation that is proposed without any planning or forethought. In practice, it is impossible to comply with and imposes a significant burden on individuals, with the effect of banning registrants from vacation rentals.

Proposed Law Burdens Vacation Property Owners

Letter To LaRosa re Vacation Rentals 02262018

The post FAC questions Vacation Rental Bill appeared first on Florida Action Committee (FAC).

A new bill concerning vacation rentals, HB 773, sponsored by Rep. Mike La Rosa, R-St. Cloud, is making its way through the Florida House of Representatives. (https://www.myfloridahouse.gov/Sections/Documents/loaddoc.aspx?FileName=768073.docx&DocumentType=Amendments&BillNumber=0773&Session=2018)

The bill, among other things, would require vacation rental owners to give 24-hour notice to residents who live within 1,000 feet of the properties that sex offenders will be staying at the rentals.

While it does not expressly ban sex offenders from vacation rentals in Florida, its effect would be that it would require vacation rental owners to inquire whether a prospective renter was a sex offender and then they literally have to notify every neighbor within a 1000 foot radius of their presence! Who would rent to a sex offender under those conditions?

AirBnB offenses committed by individuals not on registry

As with most of these bills, there’s not been a swath of “issues” with sex offenders swarming on vacation rentals and the only reported instances of sexual assault relating to AirBnB or similar programs have been from people not on the registry.

Not sure what the purpose of this ill-informed legislator’s bill is, aside from another piece of “feel good” toilet paper that will give the public a false sense of security.

The post Florida bill would effectively ban sex offenders from vacation rentals. appeared first on Florida Action Committee (FAC).

Let’s set aside personal beliefs about the death penalty for any crime and focus solely on the conviction and punishment of Donald Smith.

I am so pleased that Donald Smith is being punished for the horrible, sick things he did to Cherish Perrywinkle! I’m also so happy that he’s being punished for the horrible things he’s done to me!

It’s because of Donald Smith that my family members’ cars are on the registry. It’s because of Donald Smith that I have to make two extra trips to the Sheriff whenever the dealership gives me a loaner. It’s because of Donald Smith that I get anxious whenever my wife carpools.

You see, in 2014, the year after Donald Smith murdered Cherish, a wave of new sex offender laws were passed that Donald Smith will never be subjected to, but that I (and my family) will be.

In 2014, in addition to the change in definition of “vehicles owned” (to include not only registrant’s cars but anyone who lives with them, anyone who visits them for 5 days, or any cars rented), we got “Internet Identifier” requirements and enhanced notification of travel, registration of passport information and professional licenses, increased frequency of reporting for transients, and a whole laundry list of other sanctions that made Florida “scorched earth” for me, but not for Donald Smith, because long after he’s dead, people who have been living model lives for decades will continue to be punished for his crime.

One man’s actions affect hundreds of registrants

My heart goes out to the family of Cherish Perrywinkle, My heart also goes out to my fellow FAC members. He has caused us all to suffer and whether it was life in prison for him or the death sentence, no punishment will be adequate to bring back what he has taken from us.

The post Jury gives death sentence to Donald Smith appeared first on Florida Action Committee (FAC).

“Broken beyond anyone’s imagination” is how the State of Texas’ civil commitment program was described in this Southern Poverty Law Center article that was posted this weekend.

The “civil commitment” scheme, which indefinitely confines (pretty much synonymous with “incarceration”) individuals under (a) the guise of treatment and (b) the belief that they may commit future crimes. The civil commitment “centers” (pretty much synonymous with prisons – in fact many are old prisons) are generally run by private prison companies who profit from having individuals committed to their facility, for so long as they are there.

Texas’ center has been in the spotlight this past week, but it’s hardly an isolated problem. Over 20 states have civil commitment schemes. Minnesota’s center was the subject of a lawsuit because in the decades of it’s existence, it NEVER released an inmate (remember – this is not supposed to be incarceration). Last week. Florida’s civil commitment scheme was described as a “Living Death Sentence” by Prison Legal News.

Florida’s civil commitment center is the largest in the United States (over 720 individuals). It is run by Correct Care Recovery Solutions, a spin-off company of the GEO Group, and gets $272 million in revenue from taxpayer money for running their “program”. Geo Group’s lobbyist is Ron Book and Geo Group is one of governor Rick Scott’s largest donors.

For those who believe there’s something inherently wrong with incarcerating people “for profit”, consider adding the element of incarcerating them indefinitely! Where’s the incentive for providing treatment? If they treat them and they get released, the private prisons stop profiting off that person. If they keep stockpiling more human beings, they make more money! That’s more money for Ron Book and Governor Scott (who needs to be mindful of a forthcoming senate campaign)

We are really glad to have some focus turning back towards Civil Commitment and in particular, FOR PROFIT CIVIL COMMITMENT.

The post “Broken beyond anyone’s imagination” – The for-profit civil commitment center. appeared first on Florida Action Committee (FAC).

A member contacted us this week. He’s on the registry for an offense that took place over 15 years ago. He brought his son to Nemours Children’s Hospital in Orlando for surgery and was denied access at the door because of his status on the registry.

These policies that prevent former offenders from ever parenting their children are ridiculous!

When someone looks back on their childhood and reflects on the meaningful events when a parent was there for them, they think of sporting events, graduations, illnesses. Laws that banish parents from these events not only do nothing to keep children safe, but deprive their own children of a parent.

Laws which keep individuals from schools, athletic events, even hospitals, when they have no legitimate reasons to be there are understandable. But if someone is at a hospital to stand by his child, who is going into surgery, keeping them away is inhumane!

If anyone is concerned about this policy and would like to submit their concern to Nemours, you can do so here: https://nemours.alertline.com/gcs/welcome

The post Registrant Denied Access to Hospital For Son’s Surgery appeared first on Florida Action Committee (FAC).