CALL TO ACTION #5 for HB 1085 – Scheduled agenda meeting 2:00 pm Monday, April 17, 2023
Major Concerns About This Bill:
- The bill states that all driver’s licenses and identification cards for people on the registry “shall have printed in the color red all information otherwise required to be printed on the front of the license or identification card.”
- This bill has now passed two committees and is in the Infrastructure Strategies Committee with a scheduled meeting at 2 pm.
- Even though the court decisions for the Louisiana and Alabama cases have been sent to the analysts, it appears that the legislators are not allowing the analysts to include this information in their analyses.
PLEASE Do the Following:
- Call all members of the Infrastructure Strategies Committee.
- Whether you talk to a person or voicemail, you must give your name and contact information (phone numbers work). Remember that all voicemails are checked, so you can call after hours.
- State that you OPPOSE the part of the bill that would require the red lettering on driver’s licenses for people on the registry.
- Mention that you are a constituent if you happen to live in the representative’s district.
- Give two brief reasons why you oppose the red lettering on the licenses.
- Ask family members and friends to also call to oppose the red lettering.
Talking Points:
- The U.S. Supreme Court declined to hear Louisiana’s appeal of a decision against its 2006 law requiring that people on the sex offense registry have their driver’s license or identification card marked with “SEX OFFENDER” in orange letters. The Louisiana Supreme Court said the marking was compelled speech and could not be justified by the state’s interest in protecting public safety.
- In 2019, a federal judge struck down Alabama’s sex offense registration law that required registrants to carry a driver’s license or official ID with “CRIMINAL SEX OFFENDER” emblazoned in red.
- If this bill is passed as is, will Florida also be facing a costly lawsuit?
- Schools are using visitor management systems, such as Raptor, to compare a visitor’s driver’s license against a sex offense database.
- Senator Pizzo brought up in the Infrastructure & Tourism Appropriations Subcommittee that theme parks and other places already scan the barcode on the licenses which picks up whether or not the license holder is on the registry. His implication was that this procedure makes the red markings unnecessary.
- There are currently 52 registry requirements for people on the sex offense registry. Every Florida legislator should have received a copy of the timeline of these registry requirements that started off with 3 in 1997 and have grown to 52 by 2020. Failure to fulfill any of these requirements could lead up to 5 years of imprisonment, even for the thousands of Florida registrants who are now law-abiding citizens.
- While there is no research showing a need for the red lettering on licenses, there is an abundance of research showing that the sexual recidivism rate for people with a past sex offense is lower than that for all other crimes, with the exception of murder.
- Research has shown that at 90% or more of FUTURE sex crimes will be committed by people NOT on the registry.
We strongly suggest you DO NOT THREATEN LAWSUITS AS THE THREATS DO NOT DETER THE LEGISLATORS. IT DOES TEND TO ANTAGONIZE THEM AND DISMISSES THE SERIOUSNESS OF THE REST OF YOUR MESSAGE.
But at this point FAC has given us permission to point out the following: BECAUSE OF THE ALABAMA CASE (DOE V. MARSHALL) WHERE THE RED LETTERING WAS RULED TO BE NOT THE LEAST RESTRICTIVE AND WAS ALSO COMPELLED SPEECH, BOTH OF WHICH ARE UNCONSTITUTIONAL, PEOPLE WILL BE FORCED TO FILE A LAWSUIT SINCE OUR LEGISLATORS WILL NOT DO THE RIGHT THING. THE COST OF RIGHTING THIS WRONG WILL BE ON THE BACKS OF TAX-PAYING CITIZENS OF FLORIDA.
Phone Numbers for the Infrastructure Strategies Committee:
- Bobby Payne (Chair – R): (850) 717-5020 Bobby.Payne@myfloridahouse.gov
- Sam Garrison (Vice Chair – R): (850) 717-5011 Sam.Garrison@myfloridahouse.gov
- David Smith (Republican Committee Whip – R): (850) 717-5038 David.Smith@myfloridahouse.gov
- Christine Hunschofsky (Democratic Ranking Member – D): (850) 717-5095 C.Hunschofsky@myfloridahouse.gov
- Robert Andrade (R): (850) 717-5002 Alex.Andrade@myfloridahouse.gov
- Adam Botana (R): (850) 717-5080 Adam.Botana@myfloridahouse.gov
- Robert Brackett (R): (850) 717-5034 Robert.Brackett@myfloridahouse.gov
- James Buchanan (R): (850) 717-5074 James.Buchanan@myfloridahouse.gov
- Hillary Cassel (D): (850) 717-5101 Hillary.Cassel@myfloridahouse.gov
- Linda Chaney (R): (850) 717-5061 Linda.Chaney@myfloridahouse.gov
- Anna Eskamani (D): (850) 717-5042 Anna.Eskamani@myfloridahouse.gov
- Tom Fabricio (R): (850) 717-5110 Tom.Fabricio@myfloridahouse.gov
- Michael Gottlieb (D): (850) 717-5102 Michael.Gottlieb@myfloridahouse.gov
- Sam Killebrew (R): (850) 717-5048 Sam.Killebrew@myfloridahouse.gov
- Johanna Lopez (D): (850) 717-5043 Johanna.Lopez@myfloridahouse.gov
- Fiona McFarland (R): (850) 717-5073 Fiona.McFarland@myfloridahouse.gov
- James Mooney, Jr. (R): (850) 717-5120 Jim.Mooney@myfloridahouse.gov
- Angela Nixon (D): (850) 717-5013 Angie.Nixon@myfloridahouse.gov
- Susan Plasencia (R): (850) 717-5037 Susan.Plasencia@myfloridahouse.gov
- Felicia Robinson (D): (850) 717-5104 Felicia.Robinson@myfloridahouse.gov
- Jason Shoaf (R): (850) 717-5007 Jason.Shoaf@myfloridahouse.gov
- Cyndi Stevenson (R): (850) 717-5018 Cyndi.Stevenson@myfloridahouse.gov
- Josie Tomkow (R): (850) 717-5051 Josie.Tomkow@myfloridahouse.gov
- Keith Truenow (R): (850) 717-5026 Keith.Truenow@myfloridahouse.gov
Every call gets heard and tallied. Every respectful conversation with a staffer is an excellent opportunity to change a mind about our community with someone who has direct contact with a lawmaker. YOUR EFFORTS DO MAKE A DIFFERENCE!
I don’t know that Doe v Marshall ruled on font color at all. They acknowledged the color but ruled more specifically against the use of “CRIMINAL SEX OFFENDER,” in all caps, applied to all persons on the registry.
I would ask that folks use caution in relying on this case.
https://ecf.almd.uscourts.gov/cgi-bin/show_public_doc?2015cv0606-164
I agree with Jacob on the Alabama case. However, it is my understanding that Alabama now uses a single letter to identify an offender. See McGuire v. Marshall, 512 F. Supp. 3d 1189, 1202 (M.D. Ala. 2021) (“the State has changed its manner of enforcing the branded identification requirement, allowing the Doe plaintiffs and at least some other registrants, including McGuire, to exchange their old licenses for new ones that use a numbered code to signal to law enforcement that the license-holder is a sex offender.”). So I do think our legal challenge should encompass not only the red lettering and distinctive font, but also the fact that the offender has a statute on their license that contains within it a false allegation that ALL offenders are highly likely to commit additional sex crimes. (943.0435(12)). Also, that statute is already in a different color (blue/purple) than the other information on the offender’s license and there is a holographic image in the lower left corner of “FL SO”. A sexual predator stands an even better chance of using the Doe 1 v. Marshall case in a legal challenge because the term “Sexual Predator” will be in a red font much like the plaintiffs in that case. In my opinion, our legal challenge should not just focus on the red lettering, but also on having the statute and hologram on the license as well. I am not aware of any case that has considered a legal challenge or upheld the current branding on the licenses. The 11th circuit holding in Doe v. Swearingen should permit this First Amendment challenge as being a continuous violation so there would not be a statute of limitations issue for bringing up all of the branding issues, including the red lettering, in a law suit. Red lettering or not, the statute, hologram, and “Sex Predator” markings on our driver’s licenses are not the least restrictive means for accomplishing the State’s interest in protecting the public.
https://reason.com/2019/02/13/sex-offenders-are-not-second-class-citiz/
On Monday, Judge Watkins ruled that Alabama’s branding of registered sex offenders’ identification cards is a form of compelled speech prohibited by the First Amendment. “The branded-ID requirement compels speech,” he writes, “and it is not the least restrictive means of advancing a compelling state interest.” The state conceded that its ostensible purpose of alerting police officers to a sex offender’s status could be served by a much less conspicuous mark, such as a letter, that the general public would not readily recognize as a badge of shame. “Using one letter would keep officers informed while reducing the unnecessary disclosure of information to others,” Watkins notes.
can.the.public.attend.this.meeting.on.Monday?
Yes, you can.
In addition to everything else, FAC needs to take a public position in opposition to the anti-LGBTQ bills now in the legislature. Why? Because if you think about it, this Scarlet Letter Law we now face is in reality just one part of the governor & legislature’s overall assault on anything and anybody they deem to be some kind of sexual or social perversion.
We need to speak directly to the LGBTQ community and say – People, the legislature is creating a whole new set of offenses that will criminalize LGBTQ behavior. Do you not realize that at least some of these newly criminalized behaviors will become sex offenses?? Then anyone prosecuted for those LGBTQ behaviors will land on Florida’s registry and be subject to everything we are, and specifically the proposed Scarlet Letter Law.
Remember the old saying, “First they came for the Jews and I did nothing because it didn’t affect me …” etc.
I have always thought that it will be difficult to get any LGBTQ organization or politician to speak up for us because to do so would feed right into the old trope that “Gays and lesbians all want to groom our children for sex.” But now the governor and legislature are saying it right out loud, they really do believe that the entire LGBTQ community are criminal perverts and they want to send their morality police after them.
It’s time for LGBTQ organizations and politicians to be told point blank that, yeah actually, speaking up for us is in fact in their best interest, the sooner the better.
I would like to have my name added to the legislative team group email, and and I would like to talk to Jolly the LGBTQ contact about this.
Atwo Zee, I just saw your request. If no one has already added you to the Legislative Team email group, I will take care of it.
While the House Bill does not consider Louisiana and Alabama’s constitutional challenges to the red lettering in their analysis, the Senate Bill does. See, https://www.flsenate.gov/Session/Bill/2023/1252/Analyses/2023s01252.atd.PDF. Still, Florida’s legislators seem very confident to push its laws to the brink of legal challenges. It seems as though there is a competition among some states to see who can pass the toughest laws on sex offenders.
Thank you! Thank you! Thank you! Kyle M.
I have been checking the analyses but had given up and had not checked the one for SB 1252. Oh me of little faith!
Thank you so much!!!! You have made my day. All is not lost!
I want to share this. First of all. This is ridiculous that there want to make life harder for RSOs that have already served there time. A lot of us didn’t properly know much about Sex Offender Registering when we got in trouble with the law. In my case I didn’t have a clue about. I never was a true criminal. The girl I got involved with lied about her age being 18 and she looked 18. I feel for it. When she was really 14. I swear she looked 18.
I gave my life to God during this battle fighting my case. Attending jail ministry.
Today at my church was an awesome message. I thought off all of us on the RSO. I want to share with you.
The tile of the message was Let My People Go.
“Burdened Again”
Exodus 5:1
Afterward, Moses and Aaron went to Pharaoh and said, “This is what the Lord, the God of Israel, says: ‘Let my people go, so that they may hold a festival to me in the wilderness.’ ”
Galatians 5:1
It is for freedom that Christ has set us free. Stand firm, then, and do not let yourselves be burdened again by a yoke of slavery.
I. SERVANTS OF GOD AREN’T MEANT TO BE SLAVES
Galatians 5:1
“It is for freedom that Christ has set us free. Stand firm, then…”
Galatians 5:13
“You, my brothers and sisters, were called to be free. But do not use your freedom to indulge the flesh…”
Galatians 5:16
“So I say, walk by the Spirit, and you will not gratify the desires of the flesh.”
John 8:31-36
31 To the Jews who had believed him, Jesus said, “If you hold to my teaching, you are really my disciples. 32 Then you will know the truth, and the truth will set you free.” 33 They answered him, “We are Abraham’s descendants and have never been slaves of anyone. How can you say that we shall be set free?” 34 Jesus replied, “Very truly I tell you, everyone who sins is a slave to sin. 35 Now a slave has no permanent place in the family, but a son belongs to it forever. 36 So if the Son sets you free, you will be free indeed.
II. OUR BROKEN NATURE WILL ALWAYS BEND TOWARD BONDAGE
Galatians 5:1
“…and do not let yourselves be burdened again by a yoke of slavery.”
Philippians 2:15
“so that you may become blameless and pure, “children of God without fault in a warped and crooked generation”
Why do they have to treat us like slaves. Christ has set us free. After we have done our time. We shouldn’t have to walk the foot of this earth like this forever. Letting everyone know we fell into a trap. A lot of us are only 1 time defenders. We shouldn’t have to be on the RSO for life and have to fight to get off. There should only be a set time frame and If we stay clean and not reoffend again. We should be let off.
Know if you do reoffend again weather your on the RSO at the current time or after you were to get off. That’s another whole ball game from there.
But like I said. A lot of us are only 1 time defenders. This is just wrong of them to do this.
I have been clean for 20 years. 15 years after 5 years probation.
What would Jesus Do.
God Bless You all.
Travis it sounds like what W.A.R. and ACSOL have been saying several years ago but whats changed. Is government still corrupt? Does government abuse their power? Are governments prostituting their God ordained designed? read Proverbs 16:12
Anyone that has a grain of salt knows right from wrong but when government prostitutes their ordained design than they themselves are doing the evil. Sure many can be caught up by fleshly lust. Bible history will tell you that many kings and governments were very corrupt.
Florida laws in many ways are just as unjust. Even this red letter writing on drivers license which sounds like someone coined the idea by reading the “Scarlet Letter” Oh and I forget its for public safety or is it for political agenda or personal gain. Bottom line is honesty is the best policy.
Four hours prior to this hearing, my call to my representative on this committee went to a full mailbox.
If that’s partly due to your voicemail in opposition, thank you.
What I got out of the meeting was there where serval members who seem to have heard our pleas however what I took note on was serval members distinctly called out the red branding on our would be drivers license and how they believed it the current system was the least restrictive means. Don’t see how it passed with that many no’s
On a side note I hate (fat dude) when politicians introduce a bill but yet don’t know the facts when the other committee members press him on it.
Pretty crazy to hear Mr. Maney describe what he was doing was the “least restrictive means”. I suppose anything short of having a voice activated license that screams “Sex offender” when you pull out your license is considered the least restrictive means in the guise of public safety. As respected a judge Mr. Maney may have been in the past, he failed miserably to support his logic for the red lettering. In the end though, most legislators have little to no empathy for the plight of sex offenders and their families. The ease with which these bills get passed just demonstrates how much the label generates a cloud of hatred and prejudice which defies any logic or objective reasoning.
This may seem silly. But I usualy know the times when I will have to show my ID. My most exposed time is the docters office. So I ordered a pair of glasses that record audio and video in 4k. I will record every encounter. The first time it gies sideways I promise you I’ll make the video public.