Florida Legislature: State Regulators

The Florida legislature is currently considering proposals to amend legal restraints for those residents designated as sex offenders.

Smashed Frog, 2/5/2010:

(...)

(S 1284 and H119) ...would bring municipalities into compliance with restriction of residence within the individual communities and legally define loitering and prowling specific to child safety zones i.e., areas where children are known to gather.

A caveat lies written within S 1284, allowing (in regards to residence restrictions) "...A county of municipality may, upon the recommendation of its chief law enforcement officer and upon a finding of public necessity, adopt an ordinance that increases the distance exclusion for the residence of a person subject to s. 794.065, s. 947.1405, or s. 948.30 up to a maximum distance of 1,750 feet."

Precedent reflects that such a right enabled many a Florida sheriff to cite that very recommendation to many a board of local county commissioners in regards to residency restrictions within the individual municipalities, opening the door to increase in residence law designating where offenders could live, often 1000-1500 feet past the 1000 feet state law.

Leading us back to the very reason S 1284 and H119, is in discussion--to rein in the locals who utilized the state law as a baseline to pass not in my backyard ordinances which effectively exiled persons from living within the communities.

Gateway ordinances led to heavier law and to prevent such a relapse back into such NIMBY thinking, this blogger has asked Florida legislators to become sort of a legal sober house.

Include a grandfather clause to ensure "the continued residence of those persons currently living and maintaining home within the maximum distance of 1,750 feet is recommended for S 1284 and H 1119 inclusion. As witnessed over the past several years, ex post facto law seemingly does not apply to those listed on the SO registry."

Allow me to provide the perfect example of why those (and their families) effected by these laws just can't depend on ex post facto law and common sense of those in positions to enforce such.

Sidebar. The couple mentioned in the article below were deemed sex offenders by the state of Florida.

WENY-TV News, Sex Offender Law Rescinded (2/10/2010)

WATKINS GLEN -- The Schuyler County Legislature met this evening and voted to rescind a major sex offender law, following a State Supreme Court ruling.

The law in question is the county's sex offender residency law.

But tonight, the law was deemed unenforceable and is effectively wiped off the books.

Legislators first passed the law in December 2008.

It prohibited all level 2 and level 3 sex offenders from living within 500 feet of a school, playground or daycare center.

However, a Montour Falls couple filed a lawsuit challenging the county, after they say police told them to move because of their proximity to a playground.

The husband and wife were both convicted of being sex offenders in Florida, before moving to the Southern Tier.

County Legislators now say their hands are tied.

James Coleman, Schuyler County Attorney says, the combined opinion of four New York state courts thus far is this is an area for exclusive state regulation and not local law passage. Tim O'Hearn, Schuyler County's Administrator says, the state has deemed that sufficient. The county, while not necessarily agreeing with that is not inclined to pursue it at this time.

The State Supreme Court has overturned similar laws in three other New York counties.

Right now, the legislature has no plans to fight the ruling.

The lawyer for the couple did not return our calls for comment.

Watch the video here.


I say we aim higher than inclusion of a grandfather clause.

Florida lawmakers, include the language "exclusive state regulation" within S 1284 and H119.

If a county sheriff wants power to supercede state law, then the suggestion is he or she run for state office. Until such successful election, the job description of sheriff is to enforce the law as written.