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.
Indian river county has a 2000 foot residency restriction and a shaming channel that shows all registrants on TV.
Ben..our home was deemed an acceptable residence we are 1000 ft from a school …. By Fed PO and is noted on his release information…..IRC
SB 170, which could boost legal challenges to local ordinances. In part, the law requires local governments to suspend enforcement of ordinances while lawsuits play out and makes plaintiffs eligible for up to $50,000 in attorney fees if a court finds ordinances are “arbitrary or unreasonable.”
I’m trying to decipher this article https://www.floridabar.org/the-florida-bar-journal/the-effectiveness-of-home-rule-a-preemption-and-conflict-analysis/
Seems we can still argue conflict doctrine implied or expressed Preemption don’t know if we been down this road before.
Oh, they’re not trying to enforce anything. That’s not the point. They just want to be able to say you can’t live there. They want to be able to say, “hey, you can’t live here, be here, please leave and if you don’t the police will come make you leave.” If you get arrested you’ll get something like refusing a police command or resisting arrest. Yeah cities like Crestview have no plans to press any kind of charges because they don’t have any standing. The State does all that.
I’m betting that Probation would enforce it on people on probation whether or not it could be prosecuted by state charges or not. This would affect a lot of people regardless because of that.
Probation might tell a registrant that “it’s their policy to not let registrants do that”. I say that because I had that happen to me in two states, for two separate reasons. One was a reversal in Volusia County because I transferred from the DeLand Probation Office to Daytona.
This is Dillon’s law, a 17th century rule which makes local law making very hard at times. It has kept some communities from reigning in police with C-COPS model legislation put out by the ACLU.
So someone has to fall on the sword and get arrested to stop the nonsense, but then never be eligible to get off the registry themselves. Maybe someone that has already had another arrest and has nothing to lose (Other than money for lawyer’s fees and possibly going to prison) could step up and shut this down by challenging it.
No one with any common sense is going to purposely going to get arrested. I laugh when I see politicians recently getting arrested like they are standing with protestors. They know their charges will be thrown out while the common people’s may not be.
Someone of us have too much to lose to fall on the sword. I am taking care of my elderly parents. I cannot put them through that pain again. My original arrest almost killed my Mother.
Cherokee:
I just took a quick glance at the Florida Constitution. Florida appears to be a home rule state. As a general rule, cities in home rule states have broad discretion in passing ordinances. I wouldn’t recommend that anyone fall on the sword because I believe that their conviction would most likely be upheld.
Be patient. I believe that these laws will be taken down in federal court. Just look at Michigan. You have to be patient while competent litigators deal with these laws.
Vocal
Last I heard Michigan re-did the registry and put everyone back on? I have read so many articles and comments from people up there good and bad that I do not know what to think. At the very least, people who have been on a registry (If it were to exist at all) should have a pathway off.
A judge in Florida stated that fact, but then it was challenged and now we are waiting for a decision which is holding me and others from even trying to get off.
My offense was 33 years ago. Not so much as a parking ticket since, but according to the registry, we are all the local villains or the town pervs. People who do not even live in my area drive by and throw rocks at our house and cops won’t do jack @#*&.
Yes, Cherokee the Michigan case seems to be revolving loop on the pacer site they just summited their motion for summary judgment https://www.pacermonitor.com/public/case/43426987/Doe_A_et_al_v_Whitmer_et_al
CherokeeJack:
I don’t believe that Michigan ever took anyone off of the registry. There is no doubt that the litigation in Michigan is the most advanced in the country and will eventually affect every other state.
I started an article on the Michigan registry back in April and it probably won’t be completed until next year because I work pretty long hours. If you go to vocalhome.blogspot.com, you will see that my articles are pretty in depth. My Michigan registry article is so long that I will have to publish it in a series. I will be including current information from several dozen people on the registry in this series in order to give everyone a better idea of what’s going on in Michigan.
Vocal Thanks for all you do. If I ever get removed, I will be an advocate but for now, comments on FAC is the best I can do. I have already been targeted several times so I have to lay low for my families safety.
CherokeeJack:
You can be an advocate as long as you work anonymously. I own a business and my advocacy is only possible because I remain anonymous.
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….
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?
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.
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.