Ex Post Facto Lawsuit Filing and Hurricane Michael

Dear Members and Advocates,

Last week, the excitement over the filing of our Ex Post Facto lawsuit overshadowed a disaster that struck the Florida panhandle. Hurricane Michael was the third-most intense Atlantic hurricane to make landfall in Florida. It caused over 8 Billion Dollars in property damage and displaced tens of thousands of residents. We are only starting to hear from some of our members who have been without utilities since. We are  beginning to assess the needs of those affected and determining whether anyone was turned away from an emergency shelter or otherwise impacted because of their status as a person required to register.

Last year, following Hurricane Irma, we reached out to the Florida Department of Law Enforcement (FDLE) to ask what registrants need to do in order to remain compliant with the registration laws during an emergency – especially when roads cannot be safely navigated and registration locations are closed. Even though Florida Statutes provide no exceptions for hurricanes or other natural disasters from even the IN PERSON reporting requirements (this is an issue that is being addressed in a forthcoming lawsuit), here is what the FDLE advised:

“[I]n the event of natural disasters and other unforeseen emergencies, registrants may contact the local sheriff’s office to give notice of the situation, request guidance, and/or inform of their travel, evacuation, location plans.  If a registrant is unable to establish communication with their local sheriff’s office they may contact the FDLE registry 24-7 for assistance in making contact and/or noting their emergency situation and intended location/travel status etc.”

A copy and paste of the FDLE’s advise is available on our site (https://floridaactioncommittee.org/fdle-responds-to-facs-request-for-clarification/). If you followed their instructions and had any issues, please notify us immediately. If you are in an affected area and have been displaced, please remember to contact your local Sheriff’s office or DHSMV (as applicable) to make registration arrangements. If they are unavailable contact the FDLE at 1-888-357-7332.

We recognize how dispassionate it sounds to be reminding our members of their registration obligations in the wake of a natural disaster that caused so much devastation. We’re providing the information because we’ve been asked for it. The reality is; Florida keeps people on the registry whether they are dead or alive, so you might as well stay alive. Worry about saving your ass before you worry about covering it!

Sincerely,

The Florida Action Committee

SOME HEADLINES FROM THIS WEEK

 

Have you been the victim of violence or physical threat as a consequence of the registry?

Now that the Ex Post Facto lawsuit is filed, one of our first challenges we will face will likely be the government opposing our motion to proceed anonymously. We will be preparing declarations in support of that motion and in connection are reaching out to our…

This weekend’s posts; content and the First Amendment.

As an an organization run by a handful of volunteers, its always very welcome whenever someone lends a hand or pitches in to help with some of our advocacy efforts, present our message at an event, or contribute a story or content for our website. This weekend, we…

FAC Letter to the ACLU Regarding Amendment 4

The following is a letter sent to the American Civil Liberties Union (ACLU). FAC has long appreciated the ACLU and continues to appreciate the ACLU for taking on sex offender issues. This letter reflects our disagreement with the organization on one issue and our…

Amazing Public Service Announcement from the Alliance for Constitutional Sex Offense Laws

The Alliance for Constitutional Sex Offense Laws, based on California and headed by Civil Rights Attorney Janice Bellucci, has made incredible progress in their state. Not only in challenging unconstitutional restrictions imposed on people who have to register as “sex…

3 thoughts on “Ex Post Facto Lawsuit Filing and Hurricane Michael

  • October 17, 2018 at 5:53 am
    Permalink

    I know in general, Florida sucks. But is there anywhere/county in the Tampa Bay Area that is not as bad as Pasco County for a RSO To reside? I need to find a new residence and would prefer it’s not in Pasco. Wish I could move out of Florida but I have my daughters here.

    Thx

    Reply
    • October 17, 2018 at 11:13 am
      Permalink

      It’s true that Pasco has a poor reputation. It’s also true that different Florida counties are different. I would not want to characterize any particular county as “a great place for sex offenders” because we don’t want that in general (and we definitely would not want that getting back to the county council in question). And which county is best for you, also depends on your lifestyle and family situation (ie it can vary by registrant).

      Best way to go about this I think is, for each Tampa-area county you are considering, view their sex offender ordinance on line. Their requirements might also be listed in their county registry website. In general they should be easy to read and not too long.

      Then identify which requirements appear the most burdensome for your family situation and whether all the counties have a similar requirement or whether a certain one does it differently or does not have the requirement at all.

      For example, one county may say, no coming onto school property, while another may more reasonably say, no coming onto school property unless it is for your own kids. If your daughters are in school. One may say don’t live near a park, another may say don’t even BE near a park.

      Reply
      • October 17, 2018 at 11:34 am
        Permalink

        Thanks for this Jacob. People can also check Municode, which has most municipal ordinances listed.

        Another thing to mention. WITHIN the counties there are cities which may also have their own ordinances. You may move to a city within a county you believe to be accommodating to your needs but your city has a tough ordinance.

        Reply

Leave a Reply

Your email address will not be published. Required fields are marked *