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’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.
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
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
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.
Thank you
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.