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?
It’s like shooting fish in a barrel for these politicians. Except that they are shooting hundreds of thousands of Florida families in the barrel. They intend for these cases to be applied for stranger danger cases, but those are very rare. Practically all cases in the registry are family related cases.
I meant to say perhaps tens of thousands. Referring to the families of registrants who have to suffer the same issues as those on the registry do. There may many registrants who are fathers and mothers of young children living with them.
Sorry for second post.
Also when emailing quote the statute part about the day being any part and then ask them for clairification Does that mean:
1. My local gas station.
2. My local fast food or restaurant
3. Sports Venues
4. Sports card shows
5. Relatives house for dinner.
6. Local bank.
7. Doctors offices
I would just pick 2 or 3 of these. This will show not only will it be burdensome on the person registering but also the Sherrif and unable to keep track and how would it be enforcable. It is very vauge right now as written.
Question. When I email some the senator’s do I support the bill but object to certain parts. Ie days, travel etc? Because the ability to be able to put change in vehicles via the portal for those of us who can is a benefit. Also would be nice to be able to put travel in there as well.
Let’s hope Judge Hinkle rules in the next month on the case and may be able to put the day thing to a rest.
Yes, attacking PFR’s season in Tallahassee is here once again.
My wife and I spent a few hours this morning reaching out directly via phone calls and emails to the State Senators involved with this absurd bill.
Thank you FAC for giving us such an early heads-up on this UNCONSTITUTIONAL ATTACK on our community.
One of the legislative assistants I spoke to this morning said we are definitely being heard, that it’s making a difference and to keep up with our outreach efforts.
Ok. So I’ll register every police station, grocery store, bank, restaurant, etc where I am regularly to comply. Literally hundreds of entries for Lze yo deal with.
We live in a country where the federal government is fighting the states along the boarder about securing it. The same government forced a SCOTUS nominated judge to pretend she didn’t know what a woman was in conformation hearings. Laws are passed to ensure underage children in California can get sex changes without parental consent.
Why does anyone expect laws from our government based on common sence and easily morality. Those days are gone. Welcome to the future folks. It’s a time where our government loves to pretend. They pretend this isn’t punishment from example. I give up. I been on the registry since the day it started. It’s really starting to compromise my ability to stay optimistic.