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?
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.
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
House Criminal Justice Committee hearing 3:00 TODAY on HB 1235.
Contact those House members!
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.
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.
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