CALL TO ACTION: Hernando County Commissioners voted to move forward with a proposed sex offense ordinance
CALL TO ACTION: Hernando Co. Commissioners voted to move forward with a proposed sex offense ordinance
Even though there have been no reports of new sex offenses by people on the sex offense registry in Hernando County, the Hernando County Sheriff’s Office has requested that the Hernando County Commissioners pass this proposed sex offense ordinance. They are trying to pass this ordinance simply because they can do so.
The following are just some of the proposals in the ordinance:
- Would prohibit people on the registry from residing within 1,000 feet of schools, daycare centers, playgrounds, public libraries, religious institutions, nursing homes, and long-term care facilities.
- Would not allow people on the registry to participate in any practice or event, including, but not limited to, any event related to a nationally or locally recognized holiday or seasonal event, if such practice or event is primarily targeted toward non-familial children. There is also wording on the wearing of costumes, make-up, and masks.
- Posting of “No candy or treats here” signs at the residences of registrants on Halloween.
- No displays for any nationally or locally recognized holiday or seasonal event or practice are to be visible from the exterior of the residence, if such displays are primarily targeted to lure a child.
- Cannot enter into or remain within the 1000-foot buffer zones surrounding schools, daycares, etc.
- Read the entire Hernando proposed ordinance here.
Please, please consider helping out the people in Hernando County by either emailing or calling their county commissioners. The next posted commissioners’ meeting is February 14. The agenda is not available at this time, but we are moving forward assuming that the second reading and final vote will be at this meeting, so it is imperative that all contacts be made before February 14.
Make sure that you state that you are OPPOSED to this ordinance.
Some possible TALKING POINTS:
- The sexual recidivism rate is low for people with a past sex offense. Page one of the proposed ordinance states that “offenders” and “predators” often pose a HIGH RISK of engaging in sexual offenses even after being released from incarceration or commitment. Where is the research to back up such a statement? There is none.
- The ordinance states that the designation of a person as a sexual offender or a sexual predator is NOT a sentence or punishment. All of us have plenty of reasons to give as to why that statement is false.
- OVER 90% of FUTURE sex crimes will be committed by people NOT on the registry. How will this ordinance protect society from the 90+% who will commit these future sex offenses in Hernando County—where the real concern should be?
- At least 93% of minors know their perpetrator. How is this ordinance going to protect children from most future perpetrators, who are family members, friends, church staff, school staff, daycare workers, coaches, etc., who are NOT on the registry and will be committing the majority of the future sex crimes against children?
- If you do not live in Hernando Co., you are contacting the commissioners because you do not want to see this unconstitutional ordinance spread to your county like a cancer. That is what is happening in Hernando: Because Citrus and Pasco Counties have “much more stringent ordinances that Hernando does currently,” said County Attorney Jon Jouben. “…we’re creating a kind of vacuum here in Hernando County.”
- This proposed ordinance would require signs to be placed in yards of all people on the registry on Halloween from 6 am to midnight. The U.S. Federal 11th Court of Appeals ruled this was unconstitutional in Butts County, Georgia. Florida is in the same circuit. Is Hernando County’s Attorney Jon Jouben not familiar with this decision? Additionally, except for outside lighting provided on a year-round basis, all outside residential lighting must be off after 5 pm on Halloween.
- While prohibiting people on the registry from living within 1,000 feet of a church, how is this protecting children who attend these churches and will eventually be sexually harmed by someone in the church who is NOT on the registry?
- Research shows that most sex offenses that occur in nursing homes are committed by staff. How does forcing people on the registry to live 1,000 feet or more from such facilities protect the patients from future attacks from staff members?
- No one on the registry can participate in practices or events related to nationally or locally recognized holidays or seasonal events that primarily target non-familial children. This is too vague. Which holidays or events besides Christmas, Easter, and Halloween? No displays that target children – too vague – who decides if it targets children?
- Page 11 of the ordinance, #2: “places where children could be lured” – too vague – who gets to decide which places – Will people on the registry be told which specific places besides parks and pools?
- The 1000-foot buffer zone is nothing less than banishment – not constitutional.
- “Vote at a designated polling place within his or her district…” How cruel can these commissioners get? Our population has been excluded from Amendment 4 which gave other groups the opportunity to regain their voting rights.
- This ordinance is ripe for a lawsuit: too vague in parts, banishment in many areas of the county, Halloween signs that have already been ruled compelled speech, and a court ruling that people cannot be banished from libraries since all people have the right to obtain information from some source.
Many of our members will come up with their own, better ideas – please use them.
If you want to include research and do not have any, you can find some at our website (foridaactioncommittee.org), choose the Committees’ drop-down menu, Education Committee, Articles and Studies Containing Research.
Contact information for Hernando Board of County Commissioners
Elizabeth Narverud, District 1, Vice Chair ENarverud@HernandoCounty.us (352) 754-4143
Brian Hawkins, District 2, BHawkins@co.hernando.fl.us (352) 587-3000
John Allocco, District 3, Chairman JAllocco@HernandoCounty.us (352) 754-4144
Jerry Campbell, District 4, JerryC@co.hernando.fl.us (352) 754-4848
Steve Champion, District 5, 2nd Vice Chair, SChampion@HernandoCounty.us (352) 754-4448
PLEASE make calls and/or send emails to each of the Hernando County Commissioners, showing our strong opposition to this ordinance. We have enough FAC members and advocates to keep their phones ringing and emails full.
I’ve sent my email to all five county commissioners voicing my strong opposition to the proposed ordinance on constitutional, safety, and practical grounds. If this unconstitutional ordinance actually passes, please post the donation fund to challenge it in court right away. I’m ready to donate to the cause the moment you ask.
Thank you, RM.
ADDITIONAL TALKING POINTS
• The Hernando Sun quoted Lt Scott Lamia of the Hernando County Sheriff’s Office as saying, “ This ordinance has language that allows us a little easier to make sure if they are in compliance, and if they are not; makes it easier to enforce (the ordinance) and make arrests. This is all about giving the officers and the HCSO the tools to do their job.”
How does this make it easier to check for compliance? All this ordinance does is make additional requirements that officers must check for, i.e., more work for officers.
This ordinance is needed to “enforce and make arrests”? Yes, as it will give officers more “offenses” to try to arrest people on the registry – all “offenses” that are not offenses for everyone else and that do not harm society. Will they next need an ordinance that makes it illegal for a person forced to be on the registry to take more than 100 steps from their car to the front door of a business, thereby giving law enforcement more “tools” with which to make arrests of registered citizens?
• The Hernando Sun quoted County Attorney Jon Jouben as saying, “It’s my understanding that Citrus and Pasco Counties have much more stringent ordinances than Hernando does currently, and we’re creating a kind of vacuum here in Hernando County.”
Someone please correct me if I am wrong, but Municode.com shows a 2500-foot residency restriction for Citrus County and basically nothing else. I could not find any “sex offender” ordinance for Pasco County. Then I noticed the county attorney did not use documentation; it was his “understanding”. The only “stringent” ordinance would be the one in Hernando County if the ordinance passes.
• Florida has been struggling with many rape kits that have never been tested. Rather that spend taxpayer dollars to enforce this proposed ordinance that does not increase public safety, would the money do more good for society by using it instead to analyze these rape kits?
A “tool.” That’s how Clay County detective characterized a similar ordinance.
Superb additional talking points, Education!
This is totally crazy. I agree if passed can an injunction be filed forthwith? I will donate $100 toward that injunction. Also this is all ex post facto legislation.
We obtained no injunction against Brevard or Seminole, so no. Must stop this ordinance before it reaches that point.
I agree but if it is not, then a plan B must be readied. Did this stuff pass in Brevard and Seminole?
Both Brevard & Seminole years ago passed (arguably) worse ordinances that thus far have survived our challenges.
Though certain provisions may be susceptible to challenge, as Duval example shows.
The dumbing-down of America continues under the guise of public safety.
[moderated]
Yep, facts shoukd.matter. like the fact that the Florida registry failed again.
Florida deputies arrest high school employee who allegedly had sex with underage student
https://www.foxnews.com/us/florida-deputies-arrest-high-school-employee-allegedly-had-sex-underage-student
Not sure where to post this and inform everyone so here goes. The Orange County Sheriff’s Office headquarters is closed until further notice. This is where many people are supposed to register for the month of February. No registration allowed at substations.
OCSO has apparently had a change of mindset and is now “allowing” people forced to register to do so at the Sector 4 substation (2400 W 33rd St next to the jail) but only during limited hours after 11am
I live in Hernando County and in my sentencing orders Judge Tombrink specified that I was allowed to live anywhere I want, and I was not banned from being around anyone where people under 18 congregate. I don’t think that this will affect me, but I am damn sure going to send an email to each of these commisioners. By sticking a sign on my front yard on Halloween is BS.
Just a followup, I emailed each of the county commissioners and received a response from 2. One just said thanks for the email, the other sent this:
Posting of “No Candy Here” signs does not identify the reason, does not require a statute to be posted on the sign, and should already be standard protocol for any required to avoid contact with children.
This ordinance has already passed, there is no other hearing.
Respectfully,
John Allocco
Chairman
Hernando Board of County Commissioners
I don’t know if I’ll hear from the other 3.
The ordinance has already passed? Is this true?
If it’s true that ‘’this ordinance has already passed, there is no other hearing’ (and I’m taking the Chairman at his word), then we better stop fruitlessly hassling the commissioners, take down our Call to Action, and explore the next step as suggested by Tearfuleagle.
Interested whether FJI views this ordinance as vulnerable and is interested.
According to an FAC member who lives in Hernando Co, the chairman of the commissioners said that a second reading is not necessary — only necessary for land and zoning ordinances.
That is not what FL statute says.
Or was that the second reading and the chairman was not aware that is was?
The calls and emails are necessary to prove that there was opposition if a lawsuit is brought about — a lawsuit that many are wanting to see happen.
But, yes, the commissioners are saying that the ordinance is now law and awaiting for approval from the state.
This is great info, Education, and indicates other areas where this ordinance may be susceptible to challenge.
Right before the 13 minute mark they talk about this case. https://www.registrymatters.co/podcast/rm257-dont-want-a-pfr-nearby-in-california-open-a-home-school/
Thank you, Peter P.
I wish we could have these types of people https://www.kxly.com/news/some-lawmakers-want-to-change-requirements-for-minor-sex-offenders/article_cdc256ec-a817-11ed-9b9c-8b5f5ce9ac5e.html make our laws.
Any update on this ordinance? I can’t find anything at all.
Does anyone know of this has become law yet? Or if it’s passed.