County and municipal codes stricter than state’s may not be enforceable
The Newberry city commissioners in Alachua County considered expanding their residency restrictions beyond the state’s 1000 feet. The city attorney said that “while a stricter code would be allowable, it may not be enforceable because the state will not prosecute a local ordinance that is not also a violation of state law, unless the city enters into an agreement with the state prosecutor.” (Gainesville, FL Main ST Daily News, by Glory Reitz, September 6, 2023)
This was the same advice that the city attorney for Gainesville, Florida, gave to the city commissioners when a lawsuit was filed challenging their 2500-foot residency restriction. Rather than fund what could have been a costly lawsuit, Gainesville wisely dropped their 2500-ft restriction in favor of the state’s 1000 feet.
Newberry will be looking into how Williston, Florida, has been able to enforce its 2500-foot residency restriction. Because no one has filed a lawsuit to force them to back down.
Actually wait until PA SC makes there ruling if it is favorable then that wheel start the wheels turning to undo these unconstitutional laws. as well as SCOTUS case about non legislatures making laws
Sometimes those cases take years to be heard or never as they refuse to hear them and either kick it back to the lower court of just let it sit because they don’t want to touch it.
There should be at least three important cases shaping up before the end of the year. This Pennsylvania supreme court case based on right to reputation. The case, potentially before the supreme court on habeas corpus, and then, of course, our local Florida one which goes to court next month. I just hope they don’t pull a McGuire tactic and wait 7 years before giving a ruling.
There is also the 20 year removal changed to 25 year challenge. The lawyer agreed there is no legal time line for them to clarify which is going to stand and they can hear it, refuse to hear it or just sit on it until Angels appear in the sky and overrule everything.
There is such thing as a speedy trial but for decision such as these, apparently the courts can just decide to not act at all. No matter the three ways they can rule, someone won’t be happy.
So is FAC looking into this? This could really be something if we can roll back these restrictions to “only” 1,000 feet. How do we even find out how to see which law is legal with out getting arrested?
How many of the 67 counties have surpassed the 1,000 foot mark let alone city ordinances. Seem this could bring uniformity across the state which is what a law is supposed to be about.
The law is (sorry) stupid. An invisible 1000 feet from anything is NOT going to stop someone from something they are damn determined to do, not is 1500 feet. All it is, is another way for us to get arrested. That is what all these traps are, strings for us to trip on and fall into their snare.
Case in point, look at all the security in schools now and school shooters still are able to waltz right into some place without even being challenged many times. My point is a law is not going to stop someone if they have their mind set to it.
The officials are just there to pad the arrest numbers and say it was a sex offender that was arrested and not explain it was NOT a new sex offense.
Look at the security who is on the inside and being part of the 95% who offend for the first time against minors within fingertip grasp…talk about fox guarding the hen house…
WESH 2 News (21 Aug 2023): School safety officer in Lake County (FLA) arrested on child sex abuse charges (https://www.wesh.com/article/school-guardian-arrested-lake-county/44871659#)
Has anyone notified the City of Crestview of this?
A city will not take any of us seriously until they get a cease-and-desist order from an attorney. This cost money, which most of us just do not have. For some of us, we have to live with our parents just to survive.
And there are so many cities and counties in Florida, that F.A.C cannot take on every single one of them. Hard enough to raise funds for major lawsuits or campaigns.
Like I said, many of us do not work or have any income coming in. And many in past got taken by the flyers that went out across the nation to get your removed from the registry scam. Those registered citizens lost thousands of dollars.
They were warned in a letter that going over the state’s 1000 feet is more difficult to defend in court. They received this information before the vote.
So, by agreement between the state prosecutor and the local entities, localities can supersede the state law when it comes to distances? Am I reading what is written above correctly? The state would allow a smaller jurisdiction to be more stringent than the state?
Passing a law that is not enforceable is not really a law, is it? It would seem to be grandstanding.
Does someone have to fall on their sword to file a lawsuit for getting this reviewed and possibly struck down? Can the winning lawsuit not be dusted off and revised to take on all of these?
Hopefully, if this battle results in a favorable outcome for all of us registered folks it could be expanded to proximity ordinances…..It would be nice….