Updates on FAC Legal Team
Our Ex Post Facto I case in the Southern District is currently in standby but is still alive.
Our next focal point for our FAC Legal Leam is to go after proximity and residency ordinances that supersede the state statute. Anyone who has been affected by residency or proximity ordinances, and has not already done so, should fill out a Case Consideration Form at our FAC website. If anyone is willing to donate to a proximity or residency ordinance lawsuit, it can be done through our website by clicking on Municipal Ordinances Fund.
We are aiming at a few counties that have egregious ordinances: 2500-foot residency rules and 2500-foot proximity rules. But we do not plan on stopping there. Hoping that those counties will fall, we will then go after other counties. This is what Janice Bellucci with ACSOL (Alliance for Constitutional Sex Offense Laws) did in California. Eventually all it took was a letter to each county threatening to file a lawsuit, and the counties rescinded their ordinances.
We greatly appreciate the help that Ms. Bellucci and the ACSOL board have extended to us.
I live in Alachua County, which currently does not have residency restrictions over the state’s 1000 feet, nor a proximity ordinance, but these ordinances are spreading like wildfire; therefore, I will be donating to the Municipal Ordinance Fund to make sure these draconian ordinances do not come to my county. I am also fighting a county that does have a 1000-foot proximity ordinance that, among numerous other places, includes amenity centers in resorts, making it impossible for me to invite a Person Forced to Register from joining me one day for lunch at a resort I was staying at.
Concerning the residency restrictions, we will not be fighting the state’s 1000-foot restrictions, only the counties with restrictions above that. Challenging the state will someday be a much larger court battle, but we look forward to that day.
If anyone is willing to put in some time with the Legal or Research Teams for FAC, please contact info@floridaactioncommitte.org or call 833-273-7325, Option 1. Our Research Team comes up with the raw data to be used for new projects.
United, we are a powerful, determined group!
1. Isn’t making ordinances like this against Home Rule?
2. Ex Post Facto question: Right now, you are not allowed to ask to get off registry until 25 years off paper.
Is that retroactive? What was the rule in the past and can some of us old timers use ExPost Facto to revert back?
1. Home Rule in Florida refers to the authority granted to local governments to enact laws and regulations without interference from the state government. The concept was introduced in the 1968 Florida Constitution revision, allowing cities and charter counties more autonomy in governing their own affairs. So currently counties are allowed to pass these ineffective ordinances. We hope to stop some of this.
2. Originally it was 20 years after sanctions ended before someone could petition to be removed from the registry. In 2007 it was changed to 25 years.
T. M., for you question #2 please check out a post at our website:
https://floridaactioncommittee.org/member-submission-a-few-faqs-on-the-process-of-removal-from-florida-sex-offender-registry/
actually orginally there was one when i got on it in middle of 1998 it was 5 or 10 years im thinking 5 then in later half if 1998 after i was in it it was changed and then changed several times since.
The first SO law in Fl staring 10/01/1997 was for 10 years after completing the sentence and with no other convictions- and only civil fines and misdemeanor penalties could be imposed on violators. Believe it or not.
Ya, that was the Florida cookie-cutter introductory phase response right after the Kanka fiasco.
Then 9/11 happened and made society “angry and afraid” in general. That laid the groundwork for the “get even” mentality. Which goes to show that the snowballing and metamorphosis was done by lawmakers in order to pacify for votes. It’s always been about hate and revenge, not public safety or prevention.
How will this lawsuit tie in to the McGuire et al v. Marshall et al case which is currently before the 11th Circuit Court of Appeals. The residency restrictions were found unconstitutional on 1st amendment grounds for Alabama now with this case before the 11th a win here would do away with living restriction in Florida as well as Georgia.
FAC is starting with the proximity ordinances first, not the residency restrictions. It will be great if it is not necessary to fight the RR. Time will tell.