New sex offender law in florida

Below, I'll explain how the Florida Sexual Predators Act makes life unnecessarily difficult for sex offenders, without actually helping the public Fla. A sex offender must constantly report and register his whereabouts. Florida law requires an offender to report in person to the local sheriff's office, either twice a year or more often depending upon the type of offender conviction see Florida Statute But the fun doesn't stop with the semi-annual trip to the local sheriff's office, because the offender must also report any change in his permanent or temporary residence within forty-eight hours to the sheriff's office.

At that time, the sheriff's office must take the offender's picture and take fingerprints, in addition to updating address records. The information to be provided to the sheriff's office is extensive, and includes the address of any permanent residence or temporary residence, in state or out of state, date and place of employment, vehicle make, model, color, tag number; info regarding enrollment, employment or vocational training at an institution of higher education in Florida, plus the department's name, address, and county of said institution, including each campus attended.

It's not over. Next, within forty-eight hours of reporting to the sheriff's office, he must report in person to the driver's license office of the Department of Highway Safety and Motor Vehicles to secure a driver's license or identification card with the new address. And, to add insult to injury, the offender must pay for these renewals each time! This statute is one of the few to require a citizen to pay the government fees forever. Article I, Section 11 of the Florida Constitution states that "No person shall be imprisoned for debt, except in cases of fraud.

For a more in depth analysis of the constitutionality of such constant fees, take a look at my article " Sex Offenders Will Pay Government Fees Forever. Obviously, it is difficult to find a place to live as a registered sex offender. And, it should come as no surprise that its even more difficult to find a job as a registered sex offender. So, it should come as no surprise that the registration requirements listed above cost money.

This fee goes to the Department of Motor Vehicles, as they create a new driver's license or identification card upon each change of address. For the folks that cannot pay this fee, many are arrested for failing to register.

So far, Florida's court's have been willing to play nice, but I never expect favor towards sex offenders to last very long. Can you imagine being arrested because some random DMV worker will not accept your paperwork for renewal?

Florida – ACSOL

Does anything ever go smooth at a government registration office? In some instances, sex offenders have complied with the statute by reporting to the DMV to issue the required renewal--and yet the DMV refuses to issue an updated license, thus triggering a violation of this law. This statute is different because it doesn't require much in the way of "scienter" or "guilty knowledge", such language is not in the statute. This does not mean, however, that the State can convict a defendant for violating this statute without knowledge of it's requirements.

The element of knowledge must be included in the charge in order to lawfully convict for this crime See State v. Giorgetti , So. It's bad enough that American citizens have paid their dues through the criminal justice system, only to find themselves reporting their movements to the sheriff's office non-stop. This sort of thing should be a civil citation, but in reality, the most offensive aspect of failing to register is the fact that it is a level 7 offense. Yes, this is lawyer-speak, sorry. You see, every felony in Florida is assigned a "level", and the higher the level, the more points assessed.

The more points you have, the more likely it is you will go to prison. If you score over 44 points, prison time is mandatory. Now, if you're caught beating your wife for the second time, you won't score prison. If you are dealing drugs to college kids, you won't score prison. But, if you fail to register, you will score prison. That's right, failing to register as a sex offender is far more serious than beating your wife repeatedly. Sad, but true. Perhaps Florida is just not diligent with their out-of-state registrant deaths. Surely they do better with their own.

Augustine, Nor are these cases outliers. Virtually every one I researched, both in and out of Florida, who is deceased, has been so for multiple years. It seems that Florida really, really likes having its registry bloated with names of individuals from whom no threat or risk of harm is possible. Florida does something else in the way of getting names on their public database that is almost unheard of.

Virtually every state requires registration of a convicted sex offender whose sentence involves incarceration when the prisoner is released from prison, either immediately before or after the release. Three states require registration immediately upon conviction, before or as soon as incarceration occurs. Florida is one of the three, with Idaho and Michigan the others. Those with Florida sexual offense convictions are placed on the public registry as soon as FDLE is made aware of their qualifying conviction regardless of whether or not they are incarcerated.

The rationale behind the public sexual offender registry scheme, even though it has failed miserably in every aspect of its mission, is to give citizens a tool to use in protecting their families from those who have done harm in the past and might be expected to do so again when they are living in the communities.

  • Background on Florida's Sexual Offender Laws;
  • Registration as a Sex Offender | Florida Sex Crime Lawyer.
  • Sex Offender Laws in Florida - Law Offices of Powers Sellers & Finkelstein, PLC;
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  • Do Florida Sex Offender Registration Requirements Go Too Far?.
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  • Penalties For Failure To Register As A Sex Offender.

Even when the requirement to register ends in other states, Florida is highly unlikely to remove such persons from its own registry. In fact, I could find no evidence that they have ever done so. Why has the Florida legislature chosen to create a registration process that increases its own maintenance and verification expenditures and that, even if it had the potential to be helpful, reduces even that slim chance by intermingling those who could possibly do harm to a citizen of Florida with those who would have to drive across the country, break out of prison, or crawl out of a grave to do so?

Additionally, she participates in updating and managing the website and assisting with a variety of organizational tasks. This is ridiculous! The entire registry is so unconstitutional, yet it remains? Why will people and our government wake up and see the over punishment on those on the registry? This so saddens me. Over punishment indeed but the argument I believe fits the mark the best is a double Jeopardy violation if you are put in jeopardy more then once for any given crime. Once they admit it is punishment they must abolish it totally. Is this not the same thing?

X number of years in prison AND lifetime registration or registration for 10, 15, or 25 years? We both know that it is punishment and that the lawmakers know this too. They will continue to break and bend the rules until there are consequences for their actions that are undesirable. I am trying to seek an attorney without any luck so far but any direction you can point me in and any people who I may contact for advice or help would be greatly appreciated!

The 25 Year Rule for Sex Offenders in Florida

Large numbers are important to scare people into submission and stir up election votes. Facts, actual safety, and fiscal responsibility are never important when dramatic headlines and Slogans get the job done. Exaggerated threats and false fear are Great weapons to sway the uninformed. The value of the database is overblown but those who manufacture and sell the devices advance the many applications for public safety. Dead men are no threat and broadcasts are therefore useless yet the machine goes unchanged. That fact precisely outlines an inherent conflict between machine and man.

Sexual Offender Laws in Florida

I am new to having to navigate all of this and I can honestly say I had no idea this is what the registry is all about and what we, as a society, are doing to families. I never agreed with the idea of registry from when it first came about way back when. Seeing how it has expanded makes me sick.

And now my family will have to live with it as well….

General Sex Crimes Penalties

If you want to know the specifics, research how may budgets and grant requests are based, in whole or in part, on the number of registrants. As a NY registrant, I can attest to this. In NY, I am a lv1 registrant meaning I am low risk to reoffend and am not on the public registry here.

I have 10 yrs left of the 20 mandated by law.

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  4. Because I registered there, I am now on it for life. In fact, during my last visit I was told since I was planning on staying for 2 months that I would have to get a Florida ID. This would of required me to surrender my NY drivers license Federal law prohibits a person from holding an ID from more than one state. When I informed the officer of this he encouraged me to lie to the Florida Dept of Motor Vehicles and claim to them I did not have a NY drivers licence. They said that 2 months was an unusual lengthy time to visit.

    Welcome to the land of opportunity. Welcome to your wake up call of how wonderful this country truly is. Please see their website under donations and consider a monetary gift. This is most important to the out-of-state registrants but is hard to get their attention since most do not visit the FAC.

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    Thank you for your attention to this cause. I am from the Draconian State of Florida.

    I had fled Florida because of the harsh laws and silly laws which are amended on the whims of some Lawmaker. I have contacted other advocates in different states to see if they were interested in a combined joint effort to attack Florida Registry. I live in Arizona and left Florida 8 years ago.

    I am on their State Registry as well. Please publish an article that can direct others to Florida action Committee out of state challenge fund. We published this piece here back in April about this legal action.