FAC Position Statement on Senate Bill 1932
January 19, 2022 To ALL Senators of the State of Florida                                   SENT VIA EMAIL and ALL Members of the Florida House of Representatives RE:    OPPOSITION TO SB 1932: SEXUAL        PREDATORS AND SEXUAL OFFENDERS
Dear Legislators:
I am President of the Florida Action Committee (FAC), a 2,500+ member non-profit organization that advocates for public safety and laws based on empirical research. Our focus is on the Florida Sex Offender Registry.
I am writing to express my organization’s strong opposition to the above-referenced Bill, which was introduced earlier this week by Senator Hooper.
While there are many items we find objectionable in this Bill, I will limit the focus of this letter to two items; the first is a change in the definition of the word “day” and the second is a proposal that the Florida Department of Law Enforcement be given the opportunity to oppose removals from the registry.
The first change is so illogical that it will yield absurd results – that is the proposal to define the word “day” to “include[] any part of a calendar day”.
Currently, persons required to register must register their “Permanent Residence,” “Temporary Residence,” and “Transient Residence” within 48 hours. These are places where the individual “abides”, “lodges”, “resides”, “lives”, “remains”, or “is located” for three (3) or more “days”, either consecutively (Permanent Residence) or in the aggregate (Temporary Residence/Transient Residence) during a calendar year.
With the change in definition, a “day” can comprise a period of one hour or even one minute, as these periods of time are “part of a calendar day”. Accordingly, if you “remain” someplace for 10 minutes, one will be considered to have been there “a day”. If they return to that place for any duration four (4) or more times[1] during a calendar year, they would be required to register it, in person at the sheriff’s office. Therefore, the sheriff’s office where an individual “is located” for an hour four times a year to complete registration would be registrable.
Think of the ramifications. If a person “remains” or “is located” at the same barbershop for a haircut, restaurant for a meal, store to buy groceries, neighbor’s home to watch a sports game, 4 days in the aggregate during a year, these places would all be registrable and require a trip to both the sheriff’s office and the DHSMV. Failure to do so results in a third-degree felony.
If the registration office is not open within 48 hours of the fourth visit (for example, as in the case of this past weekend which included MLK Day) and the person cannot register, it will result in a third-degree felony (or the inability of the person to visit the location). It would also add the location as a red dot on the sex offender registry map, even though a registrant might only be present there for one hour every three months.
Under no dictionary definition is a “day” an hour, a minute or “any part of a calendar day”. This Bill’s proposal to define it as such is absurd and unjust.
The second significant change would give the Florida Department of Law Enforcement the opportunity to object to removal petitions filed under F.S. §943.0435(11). Under the current version of the Statute, the State Attorney in the respective circuit is required to be provided notice and an opportunity to oppose the petition. The proposed amendment would add the FDLE as a second party to oppose the position. The FDLE is a state-wide law enforcement agency. They are not prosecutors. Allowing them to intervene is inappropriate.
Additionally, the FDLE receives funding for the registry through a U.S. Department of Justice grant program. The larger the registry, the more funding the department receives. This is a clear conflict of interest, as the FDLE is incentivized to keep people on the registry. According to the recent OPPAGA report, Florida already has more people on its registry who are not in Florida communities than are!
I implore you to oppose SB 1932.
Sincerely, /s/ Gail Colletta Gail Colletta, President Florida Action Committee, Inc.
[1] The Bill provides that the first “day” does not count.
If the change for a day goes through are businesses aware that they will be “red dotted’ on the map? I would think they would be against this as it singles out that business that persons required to register hang out there. Also if every business and residence are red dotted almost the whole state will be red dotted. I would think that a business would be against this rule.
Thank you Gail for speaking out for this most vulnerable group of people that have the lowest rate of recidivism. Proven.
Doesn’t this violate ex post facto?
One of the reasons why I moved out of Florida was I couldn’t be somewhere more than 5 days; which changed to 3 days. Every time I’d ask what counted as a day I got different answers. To me a day is 24 hrs, not part of a day.
This is beyond absurd what this legislator is doing; however I’m more upset about FDLE having a say about registrants being removed. I was put on the registry for 25 years not life, so I’ll send the paperwork from my state of conviction and where I am currently if that’s how they want it. Florida’s system is definitely broken and ludicrous.
FAC: Should we all send emails to the legislators asking them to oppose this bill?
Yes, 1000%. I’m sure the legislative committee will be putting together a call to action with more details, but RM, I know you are informed enough to run ahead with this.
I thought there was already a bill that Lauren Book proposed last year regarding changing the “day” issue and it wasn’t passed ?
Correct. It was not passed.
So this bill will just continue to come up every year ? When it’s already been shot down ? Also anyone know what happened with Books DUI?
Lexie
It seems like all sex related bills Senator Book has her hands on. She should keep her hands to herself.
Everyone Knows About ‘Her’ Dad, But What Where is ‘Her’ Mother’?
I Thought The Old ‘Saying’, ‘Mom Knows Best’ Was Still in Vogue…..???
Hummmm
RM
I sent mine even though I’m not a Florida resident; however I’m a Florida registrant and I oppose this bill. Some friends of mine live in Florida and I told them to send legislators emails opposing this bill. Enough is enough!!
Amazing that this was pulled together so quickly.
More work to go.