Call to Action: SB 1230 and HB 1235, “Sexual Predators and Sexual Offenders”
What you need to know about SB 1230 and HB 1235:
- SB 1230 and HB 1235 are identical bills where our legislators are attempting to amend the Sexual Predators Act (FS 775.21) and the Sexual Offenders Act (943.0435).
- SB 1230 is on the agenda for the Senate Criminal Justice Committee on January 23, 2024, (Tuesday) at 1:00 pm, 37 Senate Building.
- The sponsor of SB 1230 is Senator Jennifer Bradley, representing District 6 (Columbia, Baker, Union, Bradford, Clay, Gilchrist, and Northern Alachua Counties). The sponsor of HB 1235 is Representative Jessica Baker, District 17 (part of Duval County).
- The verbiage “a day includes any part of a calendar day” is back in this bill. “For the purpose of calculating a temporary residence under this paragraph, the first day that a person abides, lodges, or resides at a place is excluded and each subsequent day is counted. A DAY INCLUDES ANY PART OF A CALENDAR DAY. (Lines 199-202 and other places in the bill.)
- Any duration of travel outside the USA is reportable (previously 5 days or more). Line “5 days” struck out.
- Lines 35-37, 1600-1602, and 1034-1036 are to be interpreted as meaning that each instance of a failure to register or report changes of the required information specified in this paragraph constitutes a separate offense. Therefore, you would be facing decades in prison for a few unintentional violations. We are concerned about the vagueness of the wording and how it might be interpreted.
- Finally, because of the vagueness of lines 1731-1735 and 1749-1754, we are concerned how they might be interpreted by the courts. In particular, the following new language has been added: “To qualify for removal of the registration requirements under this paragraph, a sexual offender described in sub-subparagraph (1) (h) 1.b. must establish that his or her designation has been removed and establish that he or she does not meet the criteria for registration under any other sub-subparagraph under subparagraph (1) (h) 1.” Those subparagraphs enumerate all offenses which placed people on the registry in the first place. Does this mean there is no relief? We do not have the answer.
Please do the following:
- Email or call members of the Senate Criminal Justice Committee and House Criminal Justice Committee. Since the Senate Criminal Justice meeting for SB 1230 is on 1:00 pm this Tuesday, it is important to contact them before Tuesday. Contact information is listed below.
- You will need to give your name.
- If you are a constituent of the legislator you are contacting, make sure you mention that.
- Let the legislators know the reasons why you OPPOSE the bill.
- If you call in the evening or on a weekend, voicemail will pick up. Leave a message. Aides say that voicemails are counted.
- Ask family members and friends to also contact the legislators to OPPOSE SB 1230. If they do not live in Florida, they can say that they have family and friends in Florida and do not want to see them treated unjustly.
- Always be cordial in your communications with the legislators. They are more likely to listen to us if we are.
- If you choose to use some of the talking points given below, please do not copy/paste everything. Write as much as you can in your own words.
AT THIS POINT, IF YOU ALREADY KNOW WHICH POINTS YOU WANT TO COVER AND WHAT YOU WANT TO SAY, THEN SKIIP THE TALKING POINTS AND GO STRAIGHT TO WRITING YOUR EMAILS OR MAKING YOUR PHONE CALLS.
Contact Information for Senate Criminal Justice Committee:
Senator Jonathan Martin (R) Chair: martin.jonathan.web@flsenate.gov (850) 487-5033
Senator Jennifer Bradley (R) Vice Chair: bradley.jennifer.web@flsenate.gov (850) 487-5006
Senator Blaise Ingoglia (R): ingoglia.blaise.web@flsenate.gov (850) 487-5011
Senator Keith Perry (R): perry.keith.web@flsenate.gov (850) 487-5009
Senator Jason W. B. Pizzo (D): pizzo.jason.web@flsenate.gov (850) 487-5037
Senator Tina Scott Polsky (D): polsky.tina.web@flsenate.gov (850) 487-5030
Senator Bobby Powell (D): powell.bobby.web@flsenate.gov (850) 487-5024
Senator Clay Yarborough (R): yarborough.clay.web@flsenate.gov (850) 487-5004
bradley.jennifer.web@flsenate.gov; ingoglia.blaise.web@flsenate.gov; martin.jonathan.web@flsenate.gov; perry.keith.web@flsenate.gov; pizzo.jason.web@flsenate.gov; polsky.tina.web@flsenate.gov; powell.bobby.web@flsenate.gov; yarborough.clay.web@flsenate.gov
Contact Information for House Criminal Justice Committee:
Keith L. Truenow (R) Chair: Keith.Truenow@myfloridahouse.gov; 850-717-5026
Webster Barnaby (R) Vice Chair: Webster.Barnaby@myfloridahouse.gov; 850-717-5029
Michele K. Rayner (D) Democratic Ranking Member: Michele.Rayner@myfloridahouse.gov; 850-717-5062
Shane G. Abbott (R): Shane.Abbott@myfloridahouse.gov; 850-717-5005
Jessica Baker (R): Jessica.Baker@myfloridahouse.gov; 850-717-5017
Robert A. Brackett (R): Robert.Brackett@myfloridahouse.gov; 850-717-5034
LaVon Bracy Davis (D): LaVon.BracyDavis@myfloridahouse.gov; 850-717-5040
Robert Charles Brannan III (R): Chuck.Brannan@myfloridahouse.gov; 850-717-5010
Joe Casello (D): Joe.Casello@myfloridahouse.gov; 850-717-5090
Alina Garcia (R): Alina.Garcia@myfloridahouse.gov; 850-717-5115
Michael Gottlieb (D): Michael.Gottlieb@myfloridahouse.gov; 850-717-5102
Berny Jacques (R): Berny.Jacques@myfloridahouse.gov; 850-717-5059
Kiyan Michael (R): Kiyan.Michael@myfloridahouse.gov; 850-717-5016
Rachel Saunders Plakon (R): Rachel.Plakon@myfloridahouse.gov; 850-717-5036
David Silvers (D): David.Silvers@myfloridahouse.gov; 850-717-5089
Paula A. Stark (R): Paula.Stark@myfloridahouse.gov; 850-717-5047
Kaylee Tuck (R): Kaylee.Tuck@myfloridahouse.gov; 850-717-5083
Taylor Michael Yarkosky (R): Taylor.Yarkosky@myfloridahouse.gov; 850-717-5025
Shane.Abbott@myfloridahouse.gov; Jessica.Baker@myfloridahouse.gov; Webster.Barnaby@myfloridahouse.gov; Robert.Brackett@myfloridahouse.gov; Chuck.Brannan@myfloridahouse.gov; Joe.Casello@myfloridahouse.gov; LaVon.BracyDavis@myfloridahouse.gov; Alina.Garcia@myfloridahouse.gov; Michael.Gottlieb@myfloridahouse.gov; Berny.Jacques@myfloridahouse.gov; Kiyan.Michael@myfloridahouse.gov; Rachel.Plakon@myfloridahouse.gov; Michele.Rayner@myfloridahouse.gov; David.Silvers@myfloridahouse.gov; Paula.Stark@myfloridahouse.gov; Keith.Truenow@myfloridahouse.gov; Kaylee.Tuck@myfloridahouse.gov; Taylor.Yarkosky@myfloridahouse.gov
Talking points:
Pertaining to the definition of a day:
- If a day includes any part of a calendar day, then a “day” can be a period of one hour or maybe even one minute, as these periods of time are “part of a calendar day.”
- This change in the definition of the word day is for the place a registrant “abides” or lives. What if you are in your sister’s wedding which involves being at a temporary residence for Friday, Saturday, and Sunday nights. Since Friday is the first day, it would not count, but you would technically have to leave by 12:00 am on Monday as any part of Monday would count as a “day.” What if your flight is canceled? Use other scenarios that you can think of.
- Under no definition of the word “day” will you find listed an hour, a minute or “any part of a calendar day.” This bill’s proposal to define it as such is absurd and unjust.
- If Florida legislators want people on the registry to remain compliant, then change the word day to “business day.”
Pertaining to lines 35-37, 1600-1602, and 1034-1036:
- Point out that by having each instance of a failure to register or report changes of the required information constituting a separate offense, there are people on the registry who would be facing decades in prison for a few unintentional violations.
Pertaining to the vagueness in lines 1731-1735 and 1749-1754:
- Ask for clarification of these lines. They appear to contradict the original statutes that do allow for petitioning for removal from the registry. Will this amended bill eliminate the pathway for possible removal for anyone on the sex offense registry?
The only way to fight these legislative actions is to remove any politician (right or left) that push them. I have proposed an effective method to do it but get no interest from FAC, ACSOL or NASOL.
Mr. Curtis: Challenges are good but the sex registry has a very grave flaw in it. Its more of a biblical issue that authorities pervert….. “because we can”. I believe I heard that before. Setting up another is not the way true justice works. These advocates don’t want to take the Gospel route but the truth will set you free in many ways. Law enforcement are bulling many in this registry ordeal. Are many advocates blind to the Gospel?
I’m interested. Any way we can fight back should be considered.
How do you purpose removing these politicians?
They’re not going anywhere.
Challenging this in court is the place where the battle will be won to overcome registry requirments.
The governement needs to be sued for Constitutional rights violations that exist in the registry.
Each requirement in the registration, that an offender must submit to, needs to be identified and linked to its constitutional violation.
What SPECIFIC requirment are you compelled to perform under the registry doctrine?
Has one of those requirements violated a constitutional right?
If yes, then a lawsuit is the response.
Thank you
It comes down to the fact that this is a life sentence and we are still locked away. Except you can walk out the door and sit in your yard.
How long before every move we make has to be registered. going shopping, or to a restaurant for a meal, or to a movie, Attending a sports event. It is all a part of a day.
Where will it end? I can’t see any light at the end of the tunnel when even death isn’t any relief from this registry.
It makes death a kind of goal in life.
I’m not suicidal, It is just an opinion. I think I am allowed to have an opinion.
So here we go again folks.
Step 1. Have an injunction ready to go.
Step 2. Reach out to your legislators asking them to vote no first of all and two, give them examples to chew on. IE. If I go to a specific gas station 4 times in the course of a year do I have to list it. If I go to the specific bank, grocery store, sports stadium, fast food restaurant, gym the list is long and my arms are too short, 🙂
As far as being removed in Florida, I do not understand that part it is either, 20 years, 25 years or move out of the state and sue for removal.
Not sure about the rest? But back to my Step 1. Lets have an Injunction ready to go April 1st for any law that passes that changes anything for us as a group. Justice Neil Gorsuch we can look to his guidence in his descent in US V Nichols
If i go to a concert that starts at 9pm and doesn’t let out until after midnight, I would have to register it?
What criminal behavior is this intending to prevent?
What societal benefit is this law intended to have?
What criminal event happened that this law will help prevent that the current statutes didn’t?
Can it be shown that this proposed amendment will have a positive benefit to society and is not just another way to retro actively punish registrants?
I feel that any law that is passed strictly for the punishment and or harassment of any group of people that are currently law abiding should be unconstitutional as hell. It appears that these new laws are strictly to force as many registrants as possible to commit a new crime so that they can be removed from society simply because they are not liked NOT because of any real danger.
I feel that a new law that targets anyone who sponsors and/or votes for legislation that targets a group criminally with no legitimate justification should then be guilty of a hate crime.
WHY?!
Again, WHY?!
What is the purpose of this proposal?
I think it’s obvious that there is only one purpose and it’s illegitimate.
Didn’t one of the judges dealing with one of the ex post facto cases already get a bit incensed at the 3 day requirement?
Again, there are a number of reasons for me to be someplace from 11:30pm until 12:30am. A bar. Denny’s. A party. My car broke down at 11:55pm and now I have to register this spot on the side of the road. I’m sure the reasons to be somewhere are numerous.
Among the definitions for abide in the Miriam- Webster dictionary are “to continue in a place”, “to wait for”, and “to remain in a stable or fixed state”. There is no mention of sleeping, brushing your teeth, or even luggage.
This proposal is simply to ensnare and it should be exposed as such before being voted upon.
This would be a great copy and paste to send to lawmakers in response to this proposed B.S.
Always be cordial in your communications with the legislators. They are more likely to listen to us if we are.
Please do not copy/paste everything. Write as much as you can in your own words.
You summarized this perfectly. Thanks
I’m getting to the point where, year after year, legislative season makes me anxious to the point of physical illness. I’m in tears yet again at the rampant unfairness and injustice of these ridiculous laws, and I feel so utterly powerless to help the situation.
Is there any hope of a verdict from the Harper case helping us here? I know nobody has a crystal ball, but based on Judge Hinkle’s history, might we expect a verdict in time to stop this law? Is there any update? Any hope?
Is it appropriate to mention to lawmakers that the Florida travel restriction is already being contested in two separate cases?
I’m right there with you.
I’m constantly getting physically sick when having to deal with the registry.
Constant fear of my government doing me harm.
Increasing anxiety, nightmares, shortness of breath, heart palpitations, weakness, depression.
When is the government responsible for being a harmful aggressor who violates human rights?
Thank you. During the many phone calls I made today the one minute first day. Two people asked where in the bill they could find that….at least a question was asked ! Every office I spoke with were very cordial of course…but the one minute day baffled them! I did explain that in 2nd grade I was taught that 24 hours = 1 day! I remain polite….no answer machines this time…..real people.
Thank you for making these calls, Nancy.
Another thing I intend to mention – and yet another way this is disgustingly unfair – is with hurricanes and evacuations. They already won’t let us in shelters, so our only recourse is to stay in a hotel or with friends. The shortened time frame will make it virtually impossible for us to evacuate anywhere safely without registering. God help us. Stop the insanity.
I’m seriously considering asking a disability law firm to help me file for disability since the State had effectively made me unemployable. I’m also suffering from agoraphobia because I constantly fear the outside world. This might be a form of PTSD or post-conviction stress.
Can be considered as continue violation doctrine as is currently argued in doe v. SWEARINGEN. This law if passed can be considered by the judge as a great example of that.
Wouldn’t this be more of a violagainst our constitutional rights. The whole pursuit of happiness, free travel life and liberty and also be even more of an argument that this scheme is pure punishment and also about making more money. They don’t want us in the country to live our lives, but demand we pay taxes and better ourselves but deny us our basic human rights to live and the Government is creating more and more felons everyday and we basically can’t really leave the USA as nobody will allows us entry. Florida made me this and put me on the registry for talking to a single mother, which my former employer intentionally destroyed my body to where I can’t work anymore. So even if I could find a country to live in I can’t provide for myself. This country has become worthless. And what I said about employer is true as I have had managers tell me but they won’t testify in court and there is no law to do anything about it anyways.
It’s evil how they kill our hope for the entire year. Just a predictable and repetitive onslaught of nonsense rooted in hate.
I’m interested. What is it?
We live in a country where the federal government is fighting the states along the boarder about securing it. The same government forced a SCOTUS nominated judge to pretend she didn’t know what a woman was in conformation hearings. Laws are passed to ensure underage children in California can get sex changes without parental consent.
Why does anyone expect laws from our government based on common sence and easily morality. Those days are gone. Welcome to the future folks. It’s a time where our government loves to pretend. They pretend this isn’t punishment from example. I give up. I been on the registry since the day it started. It’s really starting to compromise my ability to stay optimistic.
Ok. So I’ll register every police station, grocery store, bank, restaurant, etc where I am regularly to comply. Literally hundreds of entries for Lze yo deal with.
Yes, attacking PFR’s season in Tallahassee is here once again.
My wife and I spent a few hours this morning reaching out directly via phone calls and emails to the State Senators involved with this absurd bill.
Thank you FAC for giving us such an early heads-up on this UNCONSTITUTIONAL ATTACK on our community.
One of the legislative assistants I spoke to this morning said we are definitely being heard, that it’s making a difference and to keep up with our outreach efforts.
Question. When I email some the senator’s do I support the bill but object to certain parts. Ie days, travel etc? Because the ability to be able to put change in vehicles via the portal for those of us who can is a benefit. Also would be nice to be able to put travel in there as well.
Let’s hope Judge Hinkle rules in the next month on the case and may be able to put the day thing to a rest.
Sorry for second post.
Also when emailing quote the statute part about the day being any part and then ask them for clairification Does that mean:
1. My local gas station.
2. My local fast food or restaurant
3. Sports Venues
4. Sports card shows
5. Relatives house for dinner.
6. Local bank.
7. Doctors offices
I would just pick 2 or 3 of these. This will show not only will it be burdensome on the person registering but also the Sherrif and unable to keep track and how would it be enforcable. It is very vauge right now as written.
It’s like shooting fish in a barrel for these politicians. Except that they are shooting hundreds of thousands of Florida families in the barrel. They intend for these cases to be applied for stranger danger cases, but those are very rare. Practically all cases in the registry are family related cases.
I meant to say perhaps tens of thousands. Referring to the families of registrants who have to suffer the same issues as those on the registry do. There may many registrants who are fathers and mothers of young children living with them.
I just got finished doing my quarterly finger prints by mail. I am sure most of you all have similar issues about this lifetime. Whether its about distance issues, not being around your kids, homelessness and other humanitarian issues.
Well here’s something that should make everyone sound off loud and clear. Check it out…https://www.youtube.com/watch?v=GFzlm9wQ4MI
This is crazy and exactly what they want is to make us outcasts and alone. This will punish any family or friend that’s still left in our lives. This will generate more income for them which is all they want. What happens when we put doctors offices,grocery stores and gas stations on the public list. We’ll those places will have us trespassed and demand we take them off the public list and or sue us. Then how will we get food,meds,gas and such. It’s crazy that today society sees how the government does corrupt and shady stuff but when it comes to these charges everyone believes the government. As is with the current laws life is hard to actually live and finding a job is extremely difficult. One day they will push to much.
@Robert
This is a slow-rolling genocide fueled by fear, ignorance and hate, but mostly notably – mass deception. When we’re denied safe harbor at a shelter during a hurricane, that means they want nature to take it’s course which amounts to a controlled genocide. They don’t want us to have a job so we’ll starve. Our own safety and security has been trivialized opening to door to some rando with a gun to kill us. Again, it’s a controlled genocide.
Help will only come for us when it’s politically safe and by then it will be too late for us. We’re scapegoats held hostage in the court of public opinion and thus political prisoners.
Just something to think about the next time someone fires off “they’re not trying to kill us the way they did the Jews.” Help for most of them came too late as well.
Since we don’t seem to gain much ground attempting to appeal to politicians’ sympathy, common sense, or general morality when we speak up to oppose these ex post facto punishments…maybe we should add an appeal to their pockets.
They should be considering how much it will cost counties to apply these laws they’re so quick to pass.
I’ve seen my county go from 24-hour registration access to greatly reduced hours and mandatory appointments for registration. Over Christmas weekend last year, the office was closed for a solid 72 hours, and the people at my sheriff’s office flat refused to take any information. If someone arrives in a county on Friday after hours, they’d have to register their presence on Saturday? Or Sunday? and many counties’ offices aren’t open for registration on those days. They’d be forcing us out of compliance, or forcing counties to ammend their hours.
I’m literally physically sick of this.
House Criminal Justice Committee hearing 3:00 TODAY on HB 1235.
Contact those House members!
Are there any thoughts about asking for an injunction while we get clarification as to the constitutionality of these bills when they are signed into law?
Or vagueness
I would also like to mention that if any portion of a day constitutes a day, then you can be multiple places for a “day” in less than 24 hours. And if we have to register each place that we spend three days or more in aggregate in a calendar year, that is going to include every inch of road that you travel. Basically if you drive across town three times and take the same route each time, you would need to register EVERY address along that route. Heck, you could technically trigger the registration by driving three times in one day, as each time you are there and leave it would be day at that location. If this carp somehow passes, I say we make the map with red dots a red page. If we malicious comply, the map would be useless as every inch of travel would be indicated. FDLE and local LE together would be stretched past the breaking point. And, since we must register in person, they will need to employ many more people at each registration location to handle everyone coming in to register all their new addresses.
Imagine a person going onto fdle web site to see where registrant are and instead of seeing red dots here and there, every public street was registered. The map would be useless. I used to do marketing. I know you can get a list of every business address in every zip code. You should be able to get a list of EVERY address in a zip code. In order to insure your compliance (as you could possibly be at any of these places at any time in the future year) , print the WHOLE list and take it and hand it over to be registered. Don’t forget to register the registration office!
Such insanity.