FAC Position Statement on Senate Bill 1932
January 19, 2022 To ALL Senators of the State of Florida SENT VIA EMAIL and ALL Members of the Florida House of Representatives RE: OPPOSITION TO SB 1932: SEXUAL PREDATORS AND SEXUAL OFFENDERS
Dear Legislators:
I am President of the Florida Action Committee (FAC), a 2,500+ member non-profit organization that advocates for public safety and laws based on empirical research. Our focus is on the Florida Sex Offender Registry.
I am writing to express my organization’s strong opposition to the above-referenced Bill, which was introduced earlier this week by Senator Hooper.
While there are many items we find objectionable in this Bill, I will limit the focus of this letter to two items; the first is a change in the definition of the word “day” and the second is a proposal that the Florida Department of Law Enforcement be given the opportunity to oppose removals from the registry.
The first change is so illogical that it will yield absurd results – that is the proposal to define the word “day” to “include[] any part of a calendar day”.
Currently, persons required to register must register their “Permanent Residence,” “Temporary Residence,” and “Transient Residence” within 48 hours. These are places where the individual “abides”, “lodges”, “resides”, “lives”, “remains”, or “is located” for three (3) or more “days”, either consecutively (Permanent Residence) or in the aggregate (Temporary Residence/Transient Residence) during a calendar year.
With the change in definition, a “day” can comprise a period of one hour or even one minute, as these periods of time are “part of a calendar day”. Accordingly, if you “remain” someplace for 10 minutes, one will be considered to have been there “a day”. If they return to that place for any duration four (4) or more times[1] during a calendar year, they would be required to register it, in person at the sheriff’s office. Therefore, the sheriff’s office where an individual “is located” for an hour four times a year to complete registration would be registrable.
Think of the ramifications. If a person “remains” or “is located” at the same barbershop for a haircut, restaurant for a meal, store to buy groceries, neighbor’s home to watch a sports game, 4 days in the aggregate during a year, these places would all be registrable and require a trip to both the sheriff’s office and the DHSMV. Failure to do so results in a third-degree felony.
If the registration office is not open within 48 hours of the fourth visit (for example, as in the case of this past weekend which included MLK Day) and the person cannot register, it will result in a third-degree felony (or the inability of the person to visit the location). It would also add the location as a red dot on the sex offender registry map, even though a registrant might only be present there for one hour every three months.
Under no dictionary definition is a “day” an hour, a minute or “any part of a calendar day”. This Bill’s proposal to define it as such is absurd and unjust.
The second significant change would give the Florida Department of Law Enforcement the opportunity to object to removal petitions filed under F.S. §943.0435(11). Under the current version of the Statute, the State Attorney in the respective circuit is required to be provided notice and an opportunity to oppose the petition. The proposed amendment would add the FDLE as a second party to oppose the position. The FDLE is a state-wide law enforcement agency. They are not prosecutors. Allowing them to intervene is inappropriate.
Additionally, the FDLE receives funding for the registry through a U.S. Department of Justice grant program. The larger the registry, the more funding the department receives. This is a clear conflict of interest, as the FDLE is incentivized to keep people on the registry. According to the recent OPPAGA report, Florida already has more people on its registry who are not in Florida communities than are!
I implore you to oppose SB 1932.
Sincerely, /s/ Gail Colletta Gail Colletta, President Florida Action Committee, Inc.
[1] The Bill provides that the first “day” does not count.
Amazing that this was pulled together so quickly.
More work to go.
FAC: Should we all send emails to the legislators asking them to oppose this bill?
Yes, 1000%. I’m sure the legislative committee will be putting together a call to action with more details, but RM, I know you are informed enough to run ahead with this.
I thought there was already a bill that Lauren Book proposed last year regarding changing the “day” issue and it wasn’t passed ?
Correct. It was not passed.
So this bill will just continue to come up every year ? When it’s already been shot down ? Also anyone know what happened with Books DUI?
Lexie
It seems like all sex related bills Senator Book has her hands on. She should keep her hands to herself.
Everyone Knows About ‘Her’ Dad, But What Where is ‘Her’ Mother’?
I Thought The Old ‘Saying’, ‘Mom Knows Best’ Was Still in Vogue…..???
Hummmm
RM
I sent mine even though I’m not a Florida resident; however I’m a Florida registrant and I oppose this bill. Some friends of mine live in Florida and I told them to send legislators emails opposing this bill. Enough is enough!!
One of the reasons why I moved out of Florida was I couldn’t be somewhere more than 5 days; which changed to 3 days. Every time I’d ask what counted as a day I got different answers. To me a day is 24 hrs, not part of a day.
This is beyond absurd what this legislator is doing; however I’m more upset about FDLE having a say about registrants being removed. I was put on the registry for 25 years not life, so I’ll send the paperwork from my state of conviction and where I am currently if that’s how they want it. Florida’s system is definitely broken and ludicrous.
Doesn’t this violate ex post facto?
Thank you Gail for speaking out for this most vulnerable group of people that have the lowest rate of recidivism. Proven.
If the change for a day goes through are businesses aware that they will be “red dotted’ on the map? I would think they would be against this as it singles out that business that persons required to register hang out there. Also if every business and residence are red dotted almost the whole state will be red dotted. I would think that a business would be against this rule.
With regards to F.S. §943.0435(11), I have secured a Tier 2 designation from the California DOJ thanks to their recent change from Lifetime Registration to 3 Tier system. It was to go into effect January 1st, 2021 but Covid hampered that until this January 1st, 2022. So February 1st I will send proof of registration from BSO to my attorney in San Diego and the DA has 60 days in which to respond. My attorney has assured me they’re ready to respond if contested. My case dates back to 1990 & a year later we got the conviction dismissed with pc 1203.4 I had just gotten out of the Navy and I moved back to Florida where I’ve lived ever since.
I have been registered here in Fla since 2008 but am looking forward to resolving it with my removal from California’s registry. I was told the FDLE was who makes the final decision in my requirements to register. Is this the case?
Ms Gail and All Those That Contributed….THANK YOU!
2 Valid Points Were Addressed! SPOT ON!
But, My Question is this; Is Not Overstating The Real Number That Actually Reside IN Florida Versus The Rest That do not, and Florida is Given More Monies as they Overstate The Real Numbers, Could Not That Fall Under the Federal RICO ACT?..Taking Funds Under False Pretensions and a Slew of Other Violations Under Law?!?1?
-Just a question to Ponder!
i was not aware of funding for the Florida’s registry is financed by the DOJ . All the more reason for them to cook the books and manufacture sex crimes. We easily know they “cook the books” in sting operations and that has clearly been shown.
Most of the Monies Originate From The Byrne JAG Federally Funded Grants (Named After a Slain LEO) and Then, These Funds Get Funneled Through and To The State Coffers…..
There Have Been Many Postings in the Past on FAC’s and NARSOL’S Websites which gives a State By State Break-Down of The Costs and Monies Associated and Distributed
-It Also Illustrates That Some States Refuse The Monies to Implement SORNA as it is COST PROHIBITIVE! (Texas Being One-They Only Implement Certain Things)