October 12, 2007

FL- Local Residency Ordinance Declared Unconstitutional

IN THE COUNTY COURT FOR THE FOURTH JUDICIAL CIRCUIT, IN AND FOR DUVAL COUNTY, FLORIDA

STATE OF FLORIDA vs. STEPHEN SCHMIDT
CASE NO.: DIVISION: 16-2006-MO-010568-AXXX H
----
STATE OF FLORIDA vs. DONALD JENKINS
CASE NO.: DIVISION: 16-2005-MO-037352-AXXX J
----
STATE OF FLORIDA vs. JOE WATERS
CASE NO.: DIVISION: 16-2006-MO-039012-AXXX J
----
STATE OF FLORIDA vs. MICHAEL ALTICE
CASE NO.: DIVISION: 16-2007-MO-013757-AXXX J
----

ORDER ON DEFENDANTS' THIRD AMENDED MOTION TO DISMISS
CHARGES BASED UPON PREEMPTION AND THE UNCONSTITUTIONALITY OF MUNICIPAL ORDINANCE 674.502


This cause came before the undersigned divisions of the County Court on the Defendants' Third Amended Motion to Dismiss Charges Based Upon Preemption and the Unconstitutionality of Municipal Ordinance 674.502. That ordinance prohibits sexual predators from residing within 2,500 feet of any school, public library, day care center, park, playground or other place where children regularly congregate. Over an extended series of hearing dates in both divisions, each Court took live testimony of witnesses particular to their cases, and received transcripts and other documents which were submitted on similar motions pending in front of other Duval County judges1.

Having considered the extensive documentary evidence and testimony presented, the written and oral arguments of the parties, and being otherwise fully advised, we make the following findings of fact and conclusions of law: ..more..

No comments: