Wellington, FL council looking to pass new rules for vacation rentals and those on the registry.
Wellington, Florida is considering creating a rule that would require vacation rental owners to check to see if potential renters are on the sex offender registry. The meeting is scheduled for tomorrow and will be held by Zoom.
The Responsible Party for all Vacation Rental properties is required to conduct a nationwide search to confirm that the prospective Transient Occupant(s) is/are not a registered sexual offender or sexual predator as a result of a conviction of a sexual offense. The Department of Justice offers a free search for all states on the National Sex Offender Public Website. Further, if a Vacation Rental property is located within 2,500 feet of a school, school bus stop, or park, it is a violation of Wellington’s CO, and of Florida Statute sections 775.21 and 775.215, to allow any person to establish a temporary, permanent, or transient residence with knowledge that such person is a registered sexual offender or registered sexual predator in any jurisdiction.
It should be noted that Wellington makes a misrepresentation in their proposed ordinance. Florida law (F.S. Sec. 775.215 – https://www.flsenate.gov/Laws/Statutes/2018/775.215) only requires 1000 feet, NOT 2500 feet. Secondly, Florida Law is not retroactive (offenses that occur on or after October 1, 2004 for an offense in FL and on or after May 26, 2010 for an offense that took place in another Jurisdiction).
You may provide written comments by emailing Village Clerk Chevelle Addie by August 25, 2020 at 5:00 p.m. at VillageClerk@wellingtonfl.gov, or you may access the public comment online form by visiting https://fl-wellington.civicplus.com/FormCenter/Clerks-Office-14/Public-Comment-Card-77.You must fill out all required information for the form to be submitted. Other available options are by regular mail at 12300 Forest Hill Boulevard, Wellington, FL 33414. Provide your full name and address, and if you are a Village business owner, list the business name and address. If you request, your written comments will be read into the record at the appropriate time. All other written comments received by the deadline will be distributed to the appropriate staff prior to the start of the meeting. Time limits will be enforced so written comments must be limited to 3 minutes. To request to speak during the virtual meeting, you must call (561) 868-8630 prior to the start of the meeting to be placed within the call list.
REFERENCE (20-3910 “Ordinance No. 2211 Vacation Rentals”)
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I just e-mailed the following to the Village Clerk.
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Ms. Addie, I would like to thank the Council for considering the new rule regarding vacation rentals and sex offender registries. Even those of us in other parts of the state view Wellington as a family-friendly destination to which to travel, so I appreciate the Council looking for ways to keep it that way. For the following reasons, however, I would like to OPPOSE the new rule as proposed.
One reason is that, we now know that sex offender registries do quite a poor job of telling us who is dangerous. About 95 percent of reported sex crimes are perpetrated by someone lacking a criminal record (so they are not required to register). And even those are rarely perpetrated by a stranger visiting with their family, but by someone who was in a position of power and trust. The recidivism rates for those who have already been caught and held to account (i.e., those captured by the registry), are, according to DOJ statistics, surprisingly low. So sex offender registries give us a false sense of security.
But if we DO care about those listed on sex offender registries, Florida law has us covered. A person on the registry– ANY state registry– may NOT stay anywhere in Florida for more than three days, without registering their Florida address there. If they do, they are committing a felony and are subject to arrest. And this law already is strictly enforced and does not require additional Village resources.
And keep in mind those visitors whom a registry check will absolutely NOT identify– those who have broken into cars, broken into houses, been drunk and disorderly in public, committed DUI, and every other property crime and violent crime that we can think of that lacks a sexual component. So if the Council still feels strongly about moving forward with this Rule, and requiring screening by Responsible Parties, then the Council might consider, as an alternative, amending the proposed Rule to include, not just sex offender registry checks, but full criminal background checks.
Thank You,
[my full name and address]
This is to everybody, Stop wasting your time e-mailing nit wits, If you really must waist your time at least waist it by contacting the nit wits in the Supreme Court, nothing will change until the nit wit Supreme Court changes it, bombard the nit wit Supreme Court with all the study’s and write ups about how the registry is counter productive and a waist of time and money. Oh wait a minuet, nit wits in the Supreme court already new that stuff. Boy, what are ya gonna do.
Sorry, but this is garbage.
I have a question perhaps someone can answer….
Secondly, Florida Law is not retroactive (offenses that occur on or after October 1, 2004 for an offense in FL and on or after May 26, 2010 for an offense that took place in another Jurisdiction).
Does this statement mean someone who committed a sex offense in another state prior to October 2004 does not have to register in Florida?
This does not. This refers to the state’s residency restriction, not registration.
If they start applying this law to motels and RV parks, that will be the end of travel and vacations for SO’s…
…and that is what they want.
So illogical. If I was traveling there, I’d just have a family member or friend rent a place for me and nobody else would be the wiser.
Also be sure not to take out your anger on the Village Clerk.
Advocate that the bill be amended to require, not just registry checks but full criminal background checks, identifying any violent or property crimes.
That burden would solidify property owners’ opposition to it. And it might be an quicker way to kill it than the time-consuming work of educating the village and its board.
Am I right or – ?
Also, aren’t occupants of vacation rentals already required to register any temporary or permanent address?
Jacob, you are so ON POINT, inclusive of “but full criminal background checks, identifying any violent or property crimes.”
So take Ron Book, as an example..As many people have referred to him as a ‘scumbag’ and while, He has yet to be convicted, He too could be a very very scary person, who, according to DOJ statistics has a 68% chance of re-offending versus a ‘person forced to register’, has a less than 5% of re-offending….
facts are facts!